Next steps

Octopus75

I would appreciate some advice.

I received a parking charge notice as I didn't have my parking bay permit in my windscreen.

I was parked in my allocated bay which is paid for monthly in advance, and where I park every day.

The office car park is managed by CPM.

When I received the notice I called them and told them I was in the correct bay and its paid for so I won't be paying a £120 fine.

Letters from them then ensued. I received a letter with a link to a website to put in my appeal. So I did explaining the situation and the next day they issued a claim against me in the courts. At this point, they had added their court fees and legal costs so it's up to £250.
I responded to the court claim online stating I will e defending it as I was parked in the right bay and the bay is paid for.

4 days later I received an email from 'Andrew' at Gladstones stating that the case can be dealt with on the papers but was open to listening to a genuine payment proposal.

I replied asking what financial impact their client had incurred, and what inconvenience was caused to any other parking tenants before I decided next steps.

I wrote this on the 13th November but have not had a response as yet.

What should I do for my next steps? Do they have a time limit in which to respond, and can I request the courts throw out the claim if they don't reply?

beamerguy

What £120 ???? did their ticket actually say £120 ??

Andrew at Gladstones is trying to scam you with mediation.
If Gladstones really thought they would win, they would go to court.

SAY NO TO MEDIATION ........ it's a complete waste of time

I assume that this Andrew fully understands that he works for the great Gladstones/IPC/IAS scam ..... he should get a proper job.

Gladstones have a very short memory, this is just one case where
Gladstones lost (as usual) ...... yours is the same

https://parking-prankster.blogspot.com/2017/06/residential-ticket-only-cancelled-after.html

You can prove you paid so go and whoop them in court and claim your costs. For you though, it's time to go straight to the landowner. Whilst talking to the landowner, impress on them the terrible decision they made taking on UKCPM

Coxeter House get rid of UK CPM due to shambolic enforcement.

https://parking-prankster.blogspot.com/2017/03/coxeter-house-get-rid-of-uk-cpm-due-to.html

Gladstones survive on scam cases which is very sad

Redx

read post #2 of the NEWBIES FAQ sticky thread

in there is a link to a post made by member BARGEPOLE over 2 years ago, it details all the "next steps" , so please read it

post the POC and a costs breakdown below, plus a copy of your draft defence too

nosferatu1001

Gah!
Please show us your FULL defence that you submitted
I really hpoe it had a little more to it than that...

When paying for parking, what did it say about the need to display a permit? Did it say you would incur a charge? You need to dig any paperwork out you got or signed...

You MUST and i mean MUSt read post 2 of the newbies thread. Tells you EXACTLY what you need to do, including filling out your OWN DQ (which is the stage you are at).

nosferatu1001

RedX - you didnt read, theyve already submitted a defence.

Redx

nosferatu1001 wrote: »

RedX - you didnt read, theyve already submitted a defence.

yes I did, I already realised that a defence had been submitted and I also realised like you it was probably a poor defence too

which was why I asked for the details of that defence and the POC so we could see what the claim was for and what the charges were

I did not ask for DATE OF ISSUE because I knew the defence had been submitted and also that GLADRAGS had sent out their DQ form which this OP had replied to proving that a defence had already been submitted and that it was at DQ stage

so yes I did read it and knew where this OP was at

Octopus75

FIlled out counterclaim online.

Filled in the below

I am disputing this claim for the following reasons

1 - I have only ever parked in my allocated bay

2 - The fees for parking in this bay have always been paid in
advance and up to date

3 - I informed the claimant of this fact in February 2018

4 - I responded to their pre-court request providing this
information again last week.

Then received an email from 'Andrew' asking for a genuine payment proposal. I asked him what financial impact their client has incurred.

Received no response.

Redx

I do not believe that you filled in a counter claim at all because you pay a £25 fee for that

I believe you filled in the defence box and wrote what you said above in the defence box (after completing the AOS)

as you are at DQ stage, you are awaiting the DQ from the CCBC in Northampton

read the BARGEPOLE post, it tells you all the steps

if what you wrote above was in your DEFENCE box, its terrible and not a legal defence

The_Deep

£240 is far more than the Law allows for this sort of claim. The down market solicitors whom the PPCs engage know this, but, because they are solicitors, know that a lot of people will pay up.

It is in fact double charging and non claimable debt collectors' add ons. Imo, this is fraud, or, at the very least, improper conduct.

Were this to get to court and win, the judge would be unlikely to award the claimant more than £175 - £200.

I urge you to report this grubby law firm to their regulatory body, the SRA.

https://www.sra.org.uk/solicitors/handbook/code/content.page

as I am sure they do not condone this conduct.

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

nosferatu1001

Redx - you asked for their draft defence, which suggested you thought they hadnt submitted anything yet.

I agree it isnt a good defnece

OP - you need to hook out your paperwork. Presumably, asyou are paying for pakring, you signed something? What does that CONTRACT say about any of this?
That is what is important here. NOT that you paid for the space, at all.

Redx

nosferatu1001 wrote: »

Redx - you asked for their draft defence, which suggested you thought they hadnt submitted anything yet.

I agree it isnt a good defnece
.

not to me it doesnt, although it may to you

my opinion on a draft is that it would have been their final defence MINUS any references or personal details, no VRM, no MCOL ref , nothing , so a draft and incomplete

in any case, I have too much respect for you and your posts so would never decide to question your posts as I always show you the courtesy of being a knowledgeable and helpful "regular" on here

I would like the same respect and courtesy for my posts, so if your definition of "draft" is different than mine, then we shall have to agree to disagree (but I would not be pulling you up on your posts , or your mis spellings etc, because I too mis spell things due to mild dyslexia)