Gladstones Court Claim Documents - incorrect particulars

Jeff1279

Hi All,

Just putting at the top here - the judge ruled in my favour today using Jopson VS homeguard (stopping vs parking) and the fact that UKPCM had changed the signs after the event to try and cover that.

Awarded me costs as well. Thanks to all the team here for their help!!!

—————-


(I've read the Newbies thread and will submit receipt online tonight for the form
I got today)

KEY QUESTION: In the particulars of the claim from Gladstones it says: "The Driver of the vehicle agreed to pay the PCN within 28 days of issue yet failed to do so".

As I have ignored every letter sent, never corresponded with UK CPM at any point - how can they claim I ever agreed to pay and then didn't?

And does this mean I have further grounds to add to my defence?

Details: I received court claim docs today for an alleged parking infringement at a local residential development last year - never had signs or parking restrictions for years - you could park anywhere - suddenly signs go up - and for the first few days they clearly had someone hiding with a camera to catch people as they snapped a picture from street level of the back of our car in a bay, ,when we stopped to jump out to get cash from the Tescos on the site. Obviously we'd not seen the signs as they'd never been there before

Ignored all the letters - now have a County court claim form as per the above. Usual totally sparse particulars.

Any guidance on the above phrase gratefully appreciated.

KeithP

Only yesterday I wrote this:

KeithP wrote: »

They are saying that by parking there the driver agreed to the terms and conditions of parking displayed on the signs.

Have a close look at the small print on the signs. Do they say something like "failure to comply with the rules means the driver agrees to pay £nn within 28 days"?

There is no such thing as a new question.


What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

Jeff1279

Hi there,

Will hit google streetview now on the signs or look tomorrow. Yep - Northhampton, issue date 22 Feb.

Jeff1279

A google streetview quick look shows that the "small print" is bloody small!

KeithP

Jeff1279 wrote: »

Yep - Northhampton, issue date 22 Feb.

With a Claim Issue Date of 22nd February, you have until Wednesday 13th March 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. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Wednesday 27th March 2019 to file your Defence.

That's 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 the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Jeff1279 wrote: »

A google streetview quick look shows that the "small print" is bloody small!

Which is exactly why you didn't realise that you had made that agreement.

Jeff1279

On the defence side - is that there was no warning given to users of the site like us (who didn't live on it) that there was due to be "enforcement" put in that there should have been a grace period etc etc?

KeithP

It is a valid defence point if they have changed the rules in the car park without publicising them.

On page 24 of the IPC CoP it says:

Changes in Operator’s Terms and Conditions

Where there is any change to any pre-existing terms and conditions that would not be immediately apparent to a person visiting the site and which materially affects the motorist you should place additional (temporary) signage at the entrance making it clear that new terms and conditions/charges apply, such that regular visitors who may be familiar with the old terms do not inadvertently incur parking charges. This signage should be in addition to the signage ordinarily required and left in place for an appropriate period.

Jeff1279

Ah good. Certainly no recollection of anything like that. How would they prove that there had been such signs?

Coupon-mad

By showing them! They won't be able to.

Fight_the_good_fight

Q-M I feel your pain and frustration and sympathise totally I do wonder how you and others keep this up

Jeff1279

Hi All - an update here as I prep my response. I went back to the carpark yesterday to find that they had added a sticker to each sign in the car park saying "No Stopping/Waiting".

NOW here's the point - I went on Google streetview and the signs DO NOT have those stickers on in the imagery i.e. when we got a ticket they weren't there.

Our car was stopped with the engine running while we grabbed some cash from the cash machine.

Can I use that as we were "stopped" rather than parked - but that clearly the car park felt it had to cover this at a later date by adding the stickers that we should be exempt from the ticket?

This is separate to the fact that from a car, or even 5 feet away it is impossible to read the small print terms and conditions saying you've "agreed to pay" the fine as per the beginning of my thread.

Thanks all.