Gladstone solicitors letter

IainR2

My Wife was, the car is long gone.

IainR2

So the day my wife has been dreading has finally arrived and the County Court Claim form has landed on the door mat. She is definitely not happy and said we should have payed the "stupid fine" and had done with it at the start.


I had to explain that we had done nothing wrong and it was all the fault of the parking company and there absolutely shocking practices. She really doesn't want to end up in court but now we have no choice as we aren't going to pay the £261.68 they are now asking for!!


I am now in the process of writing our defence, which will basically be along the lines of "she had no time to understand the signs or the contract she was entering into as she only pulled in to do a 3 point turn."


The first question I would like to ask is the claimant appears to be UK Car Park management Ltd. Via Gladstone's. Don't they have to tell me who they are working on behalf of at this point?


Any advice or words of wisdom anyone can offer my wife would be appreciated. Thanks

beamerguy

UKCPM are part of the huge scam that Gladstones set up called the IPC/IAS

You do not owe the amount they claim as they have added a fake £60 which is abuse of process

READ THIS
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

PLEASE READ POST #14 ON THIS THREAD BY COUPON-MAD and this you include in your defence

Redx

She does the AOS online first

And she emails a SAR to the DPO at the PPC as well, to get all the documents and pictures and data about her and her vehicle , asap

You can help her write her defence, but you are only an advisor and helper, nothing more

The claimant is the PPC, even if gladrags initiated it

Post the issue date from the top right of the claim form below

IainR2

17 July 2019


Should I fill out the AOS Straight away or should I wait to give me more time to write a defence?
We are about to head off on our holidays for 2 weeks, so couldn't have come at a worse time really..

IainR2

Thank you everyone for all your help and support. This is the defence we are thinking of submitting any comments would be appreciated.


IN THE COUNTY COURT

CLAIM No: xxxxxxxxxx

BETWEEN:

UK CAR PARK MANAGEMENT LTD (Claimant)

-and-

xxxxxxxxxxxx (Defendant)

________________________________________
DEFENCE
________________________________________

1. The Defendant was the registered keeper of the vehicle in question. The Claim relates to an alleged debt arising from the driver's alleged breach of contract, which is denied. It is further denied that there was any agreement to pay the Claimant a £100 'parking charge notice' (PCN).
2. It is admitted that on xxx, the date of the alleged infringement, the Defendant was the registered keeper of vehicle registration mark xxx which is the subject of these proceedings. The vehicle entered the parking space clearly marked as “BAR PARKING” in order to avoid entering a taxi only lane at the front of Newcastle train station.
3. The driver did not enter into any 'agreement on the charge', no consideration flowed between the parties and no contract was established.

a.The Defendant denies that the driver would have had time to enter into a contract with the claimant during the limited time in which the driver enter the parking bay.
b. The Defendant denies that the driver would have agreed to pay the parking charge of £100 or agree to the alleged contract had the terms and conditions of the contract been legally binding and properly displayed and accessible to a driver.
c. The signs which are visible in the parking bay are contradictory and would require the driver to exit the vehicle and read each one individually to form any judgement on what was being agreed to. The defendant did not leave the vehicle or have time to do this whilst in the parking bay.
d The Defendant denies that the signs at this location meet the mandatory test of transparency of terms that are 'bound to be seen', as set out within the Consumer Rights Act 2015. For a driver any terms relating to a parking contract would have had to have been extremely clear in all places within the site, in very large letters to ensure all drivers were 'bound to see' the terms.
e. The alleged contract does not permit parking to unauthorised vehicles, there is no consideration on the part of both parties.
f. The alleged contract does not permit parking, but states a parking charge of £100, which is contradictory and confusing.
g. The alleged contract does not give any information on how to obtain a permit.


4. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

5. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.
The defendant would like to draw attention to the recent case regarding this additional an unexplained extra fee.
Claim number is F0DP201T District Judge Taylor
Southampton Court, 10th June 2019

IT IS ORDERED THAT
The claim is struck out as an abuse of process

"The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4 not with reference to the judgement in parking eye v Beavis. It is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover,

This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the civil procedure rules 1998 "

6. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

I believe the facts contained in this Defence are true.

Name
Signature
Date

beamerguy

You have not highlighted abuse of process. The judge must be drawn to this

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

PLEASE READ POST #14 ON THIS THREAD BY COUPON-MAD

Add the complete text

Redx

She does the AOS asap, no point waiting, ditto with the SAR too

Add the abuse of process paragraphs by coupon mad posted in the thread by beamerguy into your Defence, then renumber all paragraphs

Your deadline is before you fly out, not the date that it must be in by

IainR2

I sent them the SAR last year, it took them 7 months to reply! Does this help in any way?

KeithP

IainR2 wrote: »

17 July 2019


Should I fill out the AOS Straight away or should I wait to give me more time to write a defence?
We are about to head off on our holidays for 2 weeks, so couldn't have come at a worse time really..

Looks like you will be back from your holiday well before your Defence is due, but definitely do the AoS before going away.


With a Claim Issue Date of 17th July, you have until Monday 5th August to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 19th August 2019 to file your Defence.

That's a whole month away. Loads of time to produce a perfect Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.