UK CPM Court Claim Own Bay Parking

alanta22

Hello Everyone,
I am new to this or any other forums. Sorry if something is not how it should be in here.

I have read the thread Own Apartment Parking Fine, my situation is the same but.... I am the owner of the apartment with an allocated parking space. I received a Court Claim on the 8 Nov 2018, done the acknowledgement of service online on the 18 Nov 2018. I am now working on the draft of the Defence. I read the templates posted here, very useful.

The claim is a complete surprise for me. I was not aware about any parking tickets and any correspondence that should of come after them. The charges in the Claim are from two events in July 2017. I resided in the property with my ex at that time. So he must have simply thrown the tickets away without letting me know. He used to check all my letters and I think threw away all the letters with demands to pay the fines. Since I have been a sole occupant of the property from March 2018 i have not received any letters regrading the fines.

My question is should I explain all this in my Defence or shall I leave it?

Other thing in the PoC that's concerning me that it does not state my vehicle's Reg Number. Is it correct? How shall I know that it's my vehicle they are referring to in the claim?

POC at it states: The driver of the vehicle registration (the "Vehicle") incurred the parking charge(s) on 28/07/2017 & 24/07?2017 for breaching the terms of parking on the land at XXX. The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle.
AND THE CLAIMANT CLAIMS
£320 for Parking Charges/ Demages and indemnity costs if applicable, together with interest of £30.96 pursuant to s69 of the Country Courts Act 1984 at 8%pa, continuing to Judgement at £0.07 per day.
++++++++++++++++++++++
Amount claimed: 350.96, Court fee £35.00, Legal costs £50,00, Total: 435.96

Thanks for your help in advance!

KeithP

Hi and welcome.

With a Claim Issue Date of 8th November, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Tuesday 11th December 2018 to file your Defence.

That's three weeks. Loads of time to produce a perfect Defence, but 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.

alanta22

Thank you! I will do as soon as I finish my Defence.
Just need to understand if i should explain why I did not try to resolve it before it came to Court.
Or not knowing about the fine does not mean that you are not liable for it? How the Court will look at it?

beamerguy

The driver of the vehicle registration (the "Vehicle") incurred the parking charge(s) on 28/07/2017 & 24/07?2017 for breaching the terms of parking on the land at XXX. The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle.
AND THE CLAIMANT CLAIMS
£320 for Parking Charges/ Demages and indemnity costs if applicable, together with interest of £30.96 pursuant to s69 of the Country Courts Act 1984 at 8%pa, continuing to Judgement at £0.07 per day.
++++++++++++++++++++++
Amount claimed: 350.96, Court fee £35.00, Legal costs £50,00, Total: 435.96

So you have two parking tickets ? MAX CLAIM IS £200

They are claiming £320 .... the extra £120 is a fake debt collector charge to which Gladstones are trying to extort money from you
Damages and indemnity is total rubbish

1: Did you not receive a letter of claim giving proof of their claim
2: Did you receive debt collector letters and from whom ?

Gladstones have very little chances of winning such a claim as the courts understand all about residential parking plus, the courts are fully aware of the incompetent rubbish claims from Gladstones

Read up about this so called legal
https://parking-prankster.blogspot.com/search?q=gladstones

alanta22

Unfortunately, I didn't receive any letters. Or maybe there were any but my ex threw them away. I assume there should of been letters. What shall i do then?

alanta22

Also is it correct that they didn't specify the vehicle reg number? " the vehicle registration (the "Vehicle")"

beamerguy

alanta22 wrote: »

Unfortunately, I didn't receive any letters. Or maybe there were any but my ex threw them away. I assume there should of been letters. What shall i do then?

OK, no big deal. there are some very clever members on here, some solicitors who are much smarter than Gladstones.

Be guided by them, there is every chance that Gladstones will be whooped in court YET AGAIN, and then you can claim costs

Gladstones tend to send a "rent a mouth" odd ball legal who are not clued up and make a pigs ear of it.

Do not forget that Gladstones are trying to extort money from you, something a court will not allow.

All Gladstones are good for is inventing scams

alanta22

beamerguy wrote: »

OK, no big deal. there are some very clever members on here, some solicitors who are much smarter than Gladstones.

Be guided by them, there is every chance that Gladstones will be whooped in court YET AGAIN, and then you can claim costs

Gladstones tend to send a "rent a mouth" odd ball legal who are not clued up and make a pigs ear of it.

Does it mean there will be a court hearing? OMG! I was hoping the Court will just dismiss the claim

beamerguy

alanta22 wrote: »

Does it mean there will be a court hearing? OMG! I was hoping the Court will just dismiss the claim

You have a court claim. Your defence will play a key part as to whether the bonzos will continue or not.

As said, you now follow the sound advice on here

Coupon-mad

alanta22 wrote: »

Does it mean there will be a court hearing? OMG! I was hoping the Court will just dismiss the claim

Calm down - ordinary people here report wins in 99% of cases. Almost no-one loses, and you just need to read many more residential defences (not just one thread or two).

If you want to firstly read all the wins, with ''court reports'' (not scary) just search this forum for these words:

another one bites the dust

...using ADVANCED search and change to 'show results as POSTS'.

alanta22

Will definitely read up on this, thanks! I am not scared of the hearing, just want to make sure my Defence is strong and there is nothing they can try to caught me on.

Could someone advise whether or not to include in my Defence the explanation about not being in touch with the Claimant before getting a Court claim? I feel like that might be my weakest point. Shall i bring it up or better leave it?

Thanks !