Claim Form from County Court

rumi786

Hi

I have received a claim form from the country court today.

I parked in front of my house. They changed it to private parking a while back but they never check so i park there. Many people park here and they never check so I risked it (obviously realised it was a stupid thing to do now and did the permit for the year)

I have never received the ticket on my car but I received a letter saying I had to pay the fine.
I have ignored that letter and they kept sending more letter. Recently they have hired Gladstone Brookes to fight this and take the case to the court. I ignored their previous letters, as I read somewhere you don't need to pay PCM.
I am not sure what I should do now.
Any help would be really appreciated. I have never gone through this so please dumb down as much as you can with your explanations. I have read other discussions but haven't found anything that applies to my situation. I have parked here many times, nothing happened. Please let me know how I need to appeal and send any link for the defence letter. Thanks in advance

Redx

some fiction in the above post

for a start , Gladstone Brookes have nothing to do with this saga

its probably PCM UK ( or UK CPM) and they hired Gladstones of Knutsford, not Gladstone Brookes (you have been watching too many daytime tv adverts about PPI)

much too late to appeal and appealing would have been futile anyway , THAT SHIP SAILED MONTHS AGO

you need to post the DATE OF ISSUE and the POC details and the costs claimed and total below, minus any personal info

then find the NEWBIES FAQ sticky thread , third thread down from the top of this forum, and read through post #2 (post 2 from 5)

then start to draft your defence based on the examples in there, like the BARGEPOLE ones, post it below for critique when completed

bear in mind almost every newbie who comes here hasnt done it before (I havent either) so its new to all of you, nobody expects you to know about this topic, but posting fiction or assumptions wont help

WelshGoblin

Rather than an automatic response I would firstly suggest you look at this realistically. You parked there and admit you know you were "risking it".

Check whether the signage is clear and obvious and check whether you have any right as a tenant to park there. If its not signed properly or you have a superior right to park there then defend and fight fully on that basis, but if the answers are that the signage is clear and you have no right to park there you will then have a choice to make. You can either fight on every potential point as set out in the newbies thread which is a scatter gun approach but some points may hit or the PPC may drop the matter for a number of reasons. Alternatively, you could contact them on a without prejudice save as to costs basis and try to negotiate as low a realistic settlement as possible, say £80-£120. You will need to decide on your own red lines but be realistic as these can protect you from costs later if the PPC unreasonably refuses but wins the case.

To me it seems your approach to risk is the critical factor here, you may win but if you don't it may get more expensive.

rumi786

Sorry, it is Gladstone Solicitors Limited, hired by PCM (UK) Limited.


Issue Date was 10/12/2018.


Parking charge incurred for Breaching the term of parking on the land at .....


Amount claimed: 167.62
Court fee: 25
Legal rep cost: 50
Toatal amount: 242.62


Thanks for your response. I will have a look at the thread you suggested.

rumi786

The parking was free before, once they changed it they didn't send any letter to the residents to inform them.


Right now there is a sign there but its only for visitors, it doesn't mention anything for the resident living there.


I will have a think about what you said. Thanks for your response

KeithP

rumi786 wrote: »

Issue Date was 10/12/2018.

With a Claim Issue Date of 10th December, you have until Monday 31st 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 [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL].

Having done the AoS, you then have until 4pm on Monday 14th January 2019 to file your Defence.

That's nearly a month away. 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 suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. 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'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] to find out exactly what to do with it.

rumi786

Hi Keith
Thank you for your response
I have filled in the AoS using the dropbox guidance.

I have taken pictures of the entrace of the residential parking. There is nothing on my side of the entrance, I usually use my side for entering and exiting. On the other entrance they have a visitors display thing which say to ask the host how to park.

We have never been sent any letting telling us to get permit or how the visitor should park. I also took pictures of how everyone is parked over the pavement and double yellow line. There is no rules or regulation.

Can you send a link of where i can find example of defence so I have something to use as guidance. I am still trying to figure out how to use this webpage.

Thanks once again

KeithP

rumi786 wrote: »

Can you send a link of where i can find example of defence so I have something to use as guidance.

As Redx suggested a week ago, you need to be reading post #2 of the NEWBIES FAQ sticky thread.

Redx also mentioned that there is a lot of guidance on how to write a Defence, together with several examples, in that post.

It really is difficult to understand why you have asked that question, as in post #4 above you wrote: "I will have a look at the thread you suggested."

My post on Saturday supplied you with a link to that thread - in fact the link is in that post twice - you can't miss it.

rumi786

Thanks for your help.

I wrote the appeal below using Bargepole template, as the situation was pretty similar.

Please have a look and let me know if it makes sense.

I have kept it simple as I didn't have too many points to make.

DEFENCE
________________________________________

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts are that the vehicle, registration XXXX, of which the Defendant is the registered keeper, was parked on the date in a unmarked bay allocated to residents and visitors at Grand xxxxxxxxxxx. The car can be kept there for free, no siganage to say otherwise.

3. The Particulars of Claim state that the Defendant; was the registered keeper and/or the driver of the vehicle(s). These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.

4. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

5. Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. There is no sign on the entrance to the car parking space or on the inside. I have photographic evidence that I will also be supplying.

6. The defendant will also be providing pictures taken over different times to show how badly the parking spaces are managed. There is no rules or regulation or any concern for safety of the people as cars are parked everywhere.

7. The Claimant is put to strict proof that it has sufficient prorpietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

8. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

9. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

I believe the facts contained in this Defence are true.
xxxxx
xxxxx

Thanks in advance guys.

rumi786

Hi Keith


If you get a chance would you be able to have a look at my defence.


I am a little bit unsure, do I send the pictures with the email of my defence or send it at a later stage.


Thanks

Redx

rumi786 wrote: »

Hi Keith

If you get a chance would you be able to have a look at my defence.

I am a little bit unsure, do I send the pictures with the email of my defence or send it at a later stage.

Thanks

only people with legal training, knowledge and experience should be looking at a defence and advising you, unless its to spot glaring errors and issues etc (common sense) - I have no legal training so make NO comments on its content

if you had done what I told you to do weeks ago and read the NEWBIES FAQ sticky thread post #2 , you would and should have read the walkthrough by member BARGEPOLE that tells you what is done and when it is done

your defence is something like what you wrote above, a set of words, nothing more, no pictures, no evidence , nothing else

if and when this goes to your local court, you will be told what they require , which is your evidence and Witness Statement (WS) and the date it has to be submitted by

if you are using a phone , STOP USING IT , use a laptop , and carefully study that post #2, including links, it will help you to do so