Letter before claim from Gladstones

Coupon-mad

If you want to buy another 30 days, email Gs and tell them you are seeking debt advice.

Joey_Santiago

Hi, thanks for the tip but wouldn't that confuse my argument?
My stance is that the fine is unjust and I am happy to go to court and argue that point. Wouldn't that tell them I have changed my mind and now want to pay?

The_Deep

Hi, thanks for the tip but wouldn't that confuse my argument?

No, you could have a gambling habit and not paid your Council Tax. Think outside the box, they are trying to scam you.

Gladstones had refused my restriction of processing of data

Can they do that? Has anyone challenged it with the SRA? What do the other low rent dirty shirts do?

Coupon-mad

Joey_Santiago wrote: »

Hi, thanks for the tip but wouldn't that confuse my argument?
My stance is that the fine is unjust and I am happy to go to court and argue that point. Wouldn't that tell them I have changed my mind and now want to pay?

Not at all. You can do what you like and are entitled to that time.

It means nothing at all and you can seek 'debt advice' here!

Not that you tell them where. Do as I said, they must then put it on hold.

sievewright30

Hi I have received a Gladstone letter for parking charge from 2016 can I ask do I send them a reply requesting information from them. I see people have sent SRA request where do I get that from and do.i send to Gladstone.

Coupon-mad

Welcome to MSE forums - but you are hijacking someone else's thread.

Please see my signature below for where to read the NEWBIES thread that tells all.

Joey_Santiago

Update - County Court Acknowledgement of Service Form

After a bit of to-and-fro months ago now, they responded to my SAR request and sent all the required information, photographs etc. I asked for another extension and did not hear anything else until yesterday when I received a County Court Acknowledgement of Service form.

Initial thoughts are to respond saying I will defend the claim with something like the following as my defence but would appreciate any advice and anything else I should include.

nb. I have found out from the SAR that the signs didn't used to have the smallprint about the child leaving the car, they changed the signs a few weeks before I parked there so they obviously saw a new income stream that they had been missing!

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Firstly, it is stated that I 'agreed to pay the PCN within 28 days of issue...'
I have never agreed to pay the charge. I notified the claimant the day after I received the notification and informed them I thought the PCN was unjust and explained that I had a child in the car and could prove that fact.

The car park in question is located in a group of local shops and the claimant is well known locally for issuing unjust PCN's. The shop owners are suffering loss of business due to the claimants activities and have formed action groups to help drivers. Two local politicians are also providing advice and our MP XXXX XXXXX is requesting a meeting with the claimant to take the matter further.

On arriving in the bay I fully intended for my son, my partner and myself to leave the car and use the shops. My son had been very upset on the journey home and as I went to remove him from the car I realised he was just dropping off to sleep.
In order to not disturb him we decided I would stay with him and my partner would pop in to the shop alone – we were in the bay for 7 mins.

I intend to defend the claim on the following grounds.

1. When arriving in the parent parking bay, no signs are in front of the bay and I believe it reasonable for the driver to think the symbol in the bay indicates it is for the use of parents with children in the car. It is unreasonable to assume the driver would think there is additional 'small print' or contract applied and go searching for information pertaining to that.

2. I now know that there is detail on a sign elsewhere in the car park which states you 'have to be accompanied out of the vehicle by a child under the age of 12'. I believe this to be vague and unreasonable. I opened the car door with the intention of removing my child. If I had lifted my son out of the car and put him back would that constitute 'out of the vehicle'? Do his feet need to touch the ground? Does carrying him 1 metre away comply?

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KeithP

Have you received a County Court Claim form?

If so, what is the Issue Date on it and did it come from the County Court Business Centre in Northampton, or from somewhere else?

Do not send off County Court Acknowledgement of Service Form.

Joey_Santiago

It was acknowledgment of service. A load of people locally all got them the same day last week. Looked legit and from the county court business centre in Northampton as you say.

It gave 3 options - defend all, defend part, contest jurisdiction.
It gave the url moneyclaim.gov.uk to do it online or complete the form.

I was going to respond and go for option 1 'defend all of the claim' with the reasons I had put above.
Why do you think we should not send off? Is it not from the court?

Redx

along with the AOS form you should have received a pack with the N1 claim form included , with the POC

if you tell KeithP the ISSUE DATE listed on that form he will answer your questions about service , so stop jumping the gun and answer the basics we need to start helping you

ISSUE DATE

please


ps:- what you wrote above is NOT a defence, its a WS (Witness Statement)


a defence has the legalities listed in it, not the story