Letter Before Claim - Gladstones [Residential Parking]

Coupon-mad

An important word 'not' is missing here:

It does state anywhere in the lease that occupant must display a permit

otterpanda

Well that's embarrassing! I'm not too sure how I missed that. Thank you for pointing it out. Aside from that, I'm guessing it is OK as a response?

Will emailing it to them suffice, or is it worth also posting and getting proof of postage?

Coupon-mad

Looks fine - email it.

otterpanda

Hello,

(Happy New Year)

I have a quick question: generally how long does it take Gstones/PPC to decide to go to court once all of the above has been done? I know they have six years to take action, but since my last letter to them at the start of December, I haven't heard anything so I'm not sure whether to expect anything in the near future. I would love to cross my fingers and hope that they've decided to walk away from it all but I doubt it...

Coupon-mad

I think what with Xmas and the New Year break, this is more like just 4 weeks on, which is nothing. I have also observed over the years that as soon as people post like you do, within a week they are back saying they spoke too soon!

otterpanda

Coupon-mad wrote: »

I think what with Xmas and the New Year break, this is more like just 4 weeks on, which is nothing. I have also observed over the years that as soon as people post like you do, within a week they are back saying they spoke too soon!

I just wanted to say a very belated thank you to getting back to me about that.

It seems that Gladstones are firing out the Court Claims now. I've looked through the NEWBIES thread to re-acquaint myself with what needs to be done, and I will be drafting my defence over the next week. I will do my AOS tomorrow.

When I opened the letter earlier I skimmed through it, but I've just taken the time to properly read the particulars of claim. In the claim they have stated: "The driver of the vehicle agreed to pay the PCN within 28 days of issue yet failed to do so". To my knowledge, this is utterly fictitious seeing as I am the only person who has been in contact with the PPC and Gladstones. Is this a point that I can use in my defence?

I have a couple of other questions:
1. In the defence, can I include details surrounding the situation of the ticket as well as the contract facts (i.e. it was one of three and they cancelled the other two. This ticket was issued while I was still waiting for a decision on my appeal of the first one. The first ticket said my car was parked at a different apartment building - I had no knowledge at that point that the permit was expired and incidentally was identical to the new ones issued).
2. The amount being claimed for is now totalling almost £300 - the PCN was for £100; the parking signs never indicated that the amount could be inflated if it wasn't paid (I have seen images of signs saying that additional costs could be added on if they have to pursue unpaid PCNs). Can I include mention of this?

Thank you in advance.

KeithP

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

otterpanda

KeithP wrote: »

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

The issue date of it is 8th May and yes from the CCBC in Northampton (St Katharine's House). As I understand it I have until 27th May to submit AOS and until 10th June to submit a defence(?).

Coupon-mad

In the claim they have stated: "The driver of the vehicle agreed to pay the PCN within 28 days of issue yet failed to do so". To my knowledge, this is utterly fictitious seeing as I am the only person who has been in contact with the PPC and Gladstones. Is this a point that I can use in my defence?

Yes and no!

It IS true to say that a contract in a car park is formed by conduct, and that by the action of parking alone, the driver ''agrees'' to any prominently displayed terms.

However, in our defences a keeper would normally include that they do not believe the signs are capable of binding a driver, who certainly did not know of an onerous penalty or agree to pay it, because (the signs were crap, basically!).

I have a couple of other questions:
1. In the defence, can I include details surrounding the situation of the ticket as well as the contract facts (i.e. it was one of three and they cancelled the other two. This ticket was issued while I was still waiting for a decision on my appeal of the first one. The first ticket said my car was parked at a different apartment building - I had no knowledge at that point that the permit was expired and incidentally was identical to the new ones issued).

You can mention in passing that the Claimant cancelled two PCNs based on the same facts...but in your paragraph I've quoted above, the MOST important sentence is your last one I've put in red.

A permit is a permit, and parking scammers changing the colour/style of them on a whim, and declaring the 'old' ones as ''expired'' is a typical ''hidden pitfall or trap'' operated by parking scammers, yet the Beavis case effectively confirmed consumer law in that respect: unlike the ParkingEye charge in that case, a ''hidden pitfall or trap'' remains an unfair term, and is therefore unrecoverable.

2. The amount being claimed for is now totalling almost £300 - the PCN was for £100; the parking signs never indicated that the amount could be inflated if it wasn't paid (I have seen images of signs saying that additional costs could be added on if they have to pursue unpaid PCNs). Can I include mention of this?

Yes, include in your defence all the words seen in several defences under the heading (search the forum for these words):

costs - disproportionate and disingenuous

You will see what I mean, and will find some good defences people have drafted.

KeithP

otterpanda wrote: »

The issue date of it is 8th May and yes from the CCBC in Northampton (St Katharine's House). As I understand it I have until 27th May to submit AOS and until 10th June to submit a defence(?).

Your dates are not quite right because 27th May is a Bank Holiday.

With a Claim Issue Date of 8th May, you have until Tuesday 28th May 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 10th June 2019 to file your Defence.

That's over a month away. Loads of time to produce a perfect Defence, but 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.