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UKCPM / Gladstones Court Claim

2

Comments

  • tomblam1
    tomblam1 Posts: 18 Forumite
    Coupon-mad wrote: »
    #8 and #13 are repetition, so remove one (or both, as they do not assist your case).

    The draft defence so far, has no facts telling the Judge about the location, what happened, whether it was dark, whether the driver saw no signs, etc. (if the Defendant was driving, I would defend as driver v UKCPM, not hide behind the POFA/keeper liability at all).



    So tell that story, like I did here (different facts but show you should state that the roadway appeared to be public highway, and that there were no visible signs & lines...or whatever):

    Thanks for your help.

    The additional points I've added are the following :
    3) 3) The defendant confirms the vehicle was parked on Nightingale Road on the 12/09/2017. There are a number of areas of Nightingale Road starting where it North Street, Gladstone Road and the council adopted highway section of Nightingale road that have no marking indicating the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. There is also no clear distinction between the council adopted and the privately owned section of Nightingale Road, nor is there any indication of a private road when joining from North Street or Gladstone Road.
    4) The terms on the Claimant's signage are illegible from a passing vehicle and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage can create a legally binding contract.

    Would anyone be able to give their advice on these?
    Thanks
  • Coupon-mad
    Coupon-mad Posts: 153,217 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes that looks fine.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • tomblam1
    tomblam1 Posts: 18 Forumite
    Coupon-mad wrote: »
    Yes that looks fine.
    Thanks.

    Would anyone be able to help regarding my address changing? How should those relevant be notified?

    I notified both UKCPM and Gladstones when I did the SAR.
  • General sanctions order was made on 17/12/2018?

    What would this be, I submitted the defence on time and the DQ was received on time?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    tomblam1 wrote: »
    General sanctions order was made on 17/12/2018?

    What would this be, I submitted the defence on time and the DQ was received on time?
    Sorry, but you'll need to provide more detail before anyone can answer your question.

    Who has the Order been made against? You or the Claimant?
  • KeithP wrote: »
    Sorry, but you'll need to provide more detail before anyone can answer your question.

    Who has the Order been made against? You or the Claimant?

    Doesn't give anymore information on MCOL, I'll contact them tomorrow.
  • Turns out that it was against me because they say I did not return the DQ in time (by the 17/12), yet according to Royal Mail they received it on the 17/12?
  • Hi,

    I have received the trial date (29 April). But there is no date in the letter which states when I must submit evidence by, however it does say 'Court bundles must be lodged not less than 2 working days before the hearing'. Is this where/when you submit evidence?

    Thanks for the help.
  • Coupon-mad
    Coupon-mad Posts: 153,217 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Is there nothing about 'filing and serving' witness statements?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • tomblam1
    tomblam1 Posts: 18 Forumite
    edited 28 February 2019 at 3:37PM
    Ah sorry I see it now, it says to deliver evidence to each other within 4 weeks and to the court at least 2 working days before the trial. It was in a separate letter to the hearing date.

    Would that mean within 4 weeks of the trial date or within 4 weeks of receiving that letter?

    Thanks for the help.
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