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UK CPM and Gladstones strike again

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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    sa1601 wrote: »
    The date of Issue is the 15th November.
    With a Claim Issue Date of 15th November, you have until Tuesday 4th December 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 link from post #2 of the NEWBIES FAQ sticky thread.

    Having done the AoS, you then have until 4pm on Tuesday 18th December 2018 to file your Defence.

    That's nearly three weeks away. Loads of time to produce a very good 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.


    Of course, everywhere I have said 'you' or 'your' I am referring to the Defendant - your son.
  • Coupon-mad
    Coupon-mad Posts: 152,750 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Bargepole did say to save the case law for later (remove #11).
    7. The Defendant’s partner has ownership of car parking space
    Do they? Or maybe an allocated space?
    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
  • sa1601
    sa1601 Posts: 34 Forumite
    Fifth Anniversary Combo Breaker
    Do they? Or maybe an allocated space?

    The space comes as part of the flat. It's his as much as the flat is his I believe - for the 120 years left on the lease. The boundary of the property includes the car park space.
    IGNORANCE IS NOT BLISS
  • sa1601
    sa1601 Posts: 34 Forumite
    Fifth Anniversary Combo Breaker
    Coupon-mad wrote: »
    Bargepole did say to save the case law for later (remove #11).

    I know - I think it's a security blanket, but I will remove.
    IGNORANCE IS NOT BLISS
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    sa1601 wrote: »
    I know - I think it's a security blanket, but I will remove.

    You could reword it as follows:

    11. The principle of primacy of contract of the terms of a Lease, overriding any purported terms conveyed by a parking operator's signage, is well rehearsed in numerous persuasive Judgments given at various County Court hearing centres. The Defendant will provide transcripts of a selection of Approved Judgments supporting this principle at the appropriate time, should this matter proceed to trial.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • sa1601
    sa1601 Posts: 34 Forumite
    Fifth Anniversary Combo Breaker
    Thanks so much Bargepole. I will make that change. I feel a lot happier with the defence now thanks to your feedback and help from others.
    IGNORANCE IS NOT BLISS
  • I'm on this forum for the first time on any forum and apologise in advance ifI'm doing it wrong.

    I have a letter from Gladstones Solicitors after receiving Parking ticket, Letter from Civil Enforcement Ltd, 3 letters from DRP ltd and now a letter from Gladstones. I was of the opinion, encouraged by this forum that this is a scam and they do not have authority to chase a claim for wrongful parking. I was basically in a Visitors bay at an empty development I was doing an inspection on.

    After reading lots that has been said about them, I decided to not pay based on what is said on this forum.

    I am going away on business for 6 weeks and am now beginning to worry that something might happen whilst away.

    Can anyone out there put my mind at rest please.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I'm on this forum for the first time on any forum and apologise in advance ifI'm doing it wrong.

    You have broken into a thread that does not belong to you

    Read the NEWBIES thread and then start your own thread please
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    sa1601 wrote: »
    Coupon-mad wrote: »
    Bargepole did say to save the case law for later (remove #11).

    I know - I think it's a security blanket, but I will remove.
    Have you gone ONLINE and acknowledged the claim yet?
    I Cannot see confirmation you have done so
    Do that TODAY. Do NOT delay it. This gives you a total of 33 days from the date of issue, not just 19.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    The space comes as part of the flat. It's his as much as the flat is his I believe - for the 120 years left on the lease. The boundary of the property includes the car park space.

    Have you read this?

    https://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

    Mr Davey is a barrister. I believe that since this took place the law has changed and you can now counter-claim against the PPC for misuse of of you data under the Data Protection Act.

    Please also read what MPs think of this scam.

    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.
    You never know how far you can go until you go too far.
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