Gladstones County Court Claim Form

CaptainRandomName

Hello All,

I'm aware I've left this somewhat late and have about 7 days left to submit my defence paperwork to the online portal. I have read the very helpful guide a few weeks back on acknowledgement of service but I'm somewhat overwhelmed by the information available now when trying to structure a defence.

I did find a lady in a similar situation when I started, however I cannot for the life of me find that threat again. Anyway, my story is that I had a courtesy car after dropping mine at the garage one lunch time and parked it in my old companies allocated bay on a business park in a multistory. Usually there would be a permit in my window, however as I had a courtesy car, there was not. Signage doesn't state that a permit had to be displayed either, only "associated permit holders only" and I owned a valid permit and had the permission of my company to park there.

The courtesy car was obvious too, with the name of the garage stuck all over it. I came back to the car after work to find a penalty charge and tried to write back to the UK Car Park Management about why I shouldn't have to pay as it costs them nothing, and I was in my work bay, and their signage doesn't state i need to display a permit. They just proceeded to ignore the facts and tell me signage states a permit must be displayed (They actually changed the signage to add on a sticker that said a permit must be displayed shortly after my letters)

Anyway here we are, almost 2 years down the line and I'm facing court. I've tried to appeal to the land owners too, however they just seem to be in on it with the parking firm and have no intentions to help.

Any help would be much appreciated. Do you think i have a chance?

Thanks,
Random

Redx

no idea, but as you are defending then continue, only a judge can decide, if it gets that far (we would need all the facts, like pics of the signs, the unredacted landowner contract , the NTK (PCN) and how long it took to arrive , all kinds of legal facts to determine your case, as would a judge)

post your DATE OF ISSUE and the exact POC below

send an SAR for all the evidence like docs and pics etc

then read recent defences , including ones written or honed by member BARGEPOLE

then post your proposed draft defence below for critique

KeithP

Please also tell us exactly when you did the Acknowledgement of Service.

CaptainRandomName

Hi Guys,

Firstly, thank you for your help.

I am away this weekend and most likely will not be able to reply until Sunday. I will be sure to look in to Bargepole's thread upon m,y return. Please could you tell me what a POC is? I already have images etc on the first letter they sent me, but not land owner contract.

The date of issue was 16/09/16 and the date of AOS would have been 23/09/18

Thanks,
Random

Redx

please read posts #2 and #5 of the NEWBIES FAQ sticky thread near the top of this forum, second thread down

System

One of the points you'll need to look at is "what contract did the driver breach". Were they the ones that came with the permit or are they the ones on the signs?

As this is a permit issue, it is on balance better to reveal the name of the person with the contractual rights to park there. When you got the permit initially what were the terms / what was the understanding about it's use.

Also what you'll be trying to do is to show why the Beavis case does not apply here. The Beavis case is all about punishing the "free parking brigade" - those that will dump their car or overstay their welcome. You did neither so the £100 charge should fail - unless you have a grumpy judge.

So check which contract and work on Beavis not applying.

CaptainRandomName

Right, I'm back online and in typical me fashion I have left things quite late. Work has been getting in the way but I'm going to research the points above suggested by redx and I'll update you all after.

BR,
Random

KeithP

Please can you post the Date of Issue on your Claim Form?

CaptainRandomName

I am ..... so happy. I've managed to stumble across the thread for the issue that matched mine, the thread I lost. Bargepole has been kind enough to formulate a response for the individual and post it in it's own section. I will attempt to edit it to fit my charges etc.

I will post back.

Thanks,
Random

CaptainRandomName

Certainly, it was the 19th Sept 2018.

KeithP

CaptainRandomName wrote: »

Certainly, it was the 19th Sept 2018.

With a Claim Issue Date of 19th September, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 22nd October 2018 to file your Defence.

That's quite close. Please don't leave it to the very last minute.


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

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) 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'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.