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Claim Form for UK Car Park Management / Gladstones

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Comments

  • Le_Kirk
    Le_Kirk Posts: 24,749 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I read it as 14 days from when you receive the DQ from the court. I believe that if you log on to MCOL as you have previously done, you will see: -
    DQ issued to Claimant on ...........
    DQ issued to defendant on .........
    DQ received from claimant on ..... etc.
    I also believe that Northampton CCBC are extremely busy and a bit behind at the moment.
  • wilsonf1
    wilsonf1 Posts: 56 Forumite
    Le_Kirk wrote: »
    I read it as 14 days from when you receive the DQ from the court. I believe that if you log on to MCOL as you have previously done, you will see: -
    DQ issued to Claimant on ...........
    DQ issued to defendant on .........
    DQ received from claimant on ..... etc.
    I also believe that Northampton CCBC are extremely busy and a bit behind at the moment.

    Sounds like it! I've only got the following - I'll sit tight for a while:
    Claim History
    Your acknowledgment of service was submitted on 08/03/2019 at 14:53:29

    Your acknowledgment of service was received on 08/03/2019 at 16:01:53

    Your defence was received on 01/04/2019
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As your Defence was received on 1st April by the CCBC, I suggest you might be a little early in expecting your DQ from them.

    To explain...

    The Claimant has 28 days after receiving your Defence from the CCBC to consider their options.

    No-one knows when the CCBC sent your Defence to the Claimant.

    No-one knows when the Claimant is going to respond to the CCBC.

    No-one knows what sort of backlog there might be in the CCBC which delays them processing the Claimant's response and sending you a DQ to complete.
  • wilsonf1
    wilsonf1 Posts: 56 Forumite
    Le_Kirk wrote: »
    Yes, that it the correct post to follow. Send it back to the same e-mail address that you sent your defence. When you have been allocated a court (local to you) you will receive further instructions as to when you must submit your WS. Send a copy by e-mail of the DQ to Gladstones. KEEP a copy for yourself!

    Also reread post # 4 in this thread for more info about DQs etc.

    I have now filled out my DQ which is ready to scan and email. (I have until May 7th)

    Do I have to also email that to Gladstones at this stage? Is that essential?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    wilsonf1 wrote: »
    I have now filled out my DQ which is ready to scan and email. (I have until May 7th)

    Do I have to also email that to Gladstones at this stage? Is that essential?

    Yes, that is essential.
  • wilsonf1
    wilsonf1 Posts: 56 Forumite
    KeithP wrote: »
    Yes, that is essential.

    Thank you. I CC'd the email to enquiries@gladstonessolicitors.co.uk
  • wilsonf1
    wilsonf1 Posts: 56 Forumite
    Greetings friends! Can't believe how long ago I was last posting here! What a long drawn out process. Here is the latest:

    Claim History
    DQ filed by claimant on 17/04/2019
    You filed a DQ on 20/05/2019
    Your claim was transferred to **My Local Court** on 20/05/2019

    The last document I received was:

    Notice of Allocation to the Small Claims Track (Hearing)

    "Unless the claimant does by 4.00pm on December 10 2019..."

    "The hearing will take place at 10:00am on 7 January 2020"


    I have looked back at the Newbies thread, am I to follow this list???:
    a) a copy of the Beavis case sign as a comparison to show how awful the small print sign was in yours case
    (b) photos proving the scarce and illegible small print signs in your case, a view showing the lack of entrance signs, etc.
    (c) a video of how it looks from a car is good evidence! You can get a passenger to hold a camera or phone and record the lack of signs seen.
    (d) a copy of Schedule 4 of the POFA - there is a link to it in post #1 above. The Judge will NOT have this to hand & is unlikely to be familiar with it. This is only applicable if you are defending as keeper.
    (e) a copy of Henry Greenslade's wording from the POPLA Annual Report 2015 'Understanding Keeper Liability' if defending as keeper.
    (f) a copy of your lease or tenancy agreement if this is an 'own space' or 'block of flats' dispute where YOU have primacy of contract.
    (g) the case transcripts that support your argument (get them from the Parking Prankster's case law page), e.g. if arguing prohibitive 'forbidding parking' signs which offer no contract a driver can accept, you need PCM v Bull; if arguing that this is a residential space where the tenant/leaseholder has already been granted (impliedly or explicitly) the right to park or unload you need Jopson v Home Guard (a persuasive Appeal case heard by a Senior Circuit Judge) and PACE v Mr N, etc.
    (h) the IPC or BPA Code of practice, where it supports your case (e.g. the grace periods section 13 of the CoP in a BPA few minutes' 'overstay' claim).
    (i) a Pay & Display ticket if you have it in such a case, e.g. if arguing it was displayed. DO NOT ARGUE 'no loss'!


    Any tips on starting this, i.e. a template I can modify?

    As ever, really appreciate your help! Lets win this!
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Erm, yes you really need to be getting ahead of this process

    WHEN PRECISELY do you need to deliver your documents? It WILL BE on the hearnig date letter. No exceptions.
  • wilsonf1
    wilsonf1 Posts: 56 Forumite
    Erm, yes you really need to be getting ahead of this process

    WHEN PRECISELY do you need to deliver your documents? It WILL BE on the hearnig date letter. No exceptions.

    From what I can tell, my latest document is requesting the Claimant (UKCPM) pay the £25 court fee by December 10th, otherwise the claim will be struck out.

    On the back page, it then says all documents related to the case from both sides must be received 14 days before the hearing (hearing is 7th Jan 2020. So I have until just before Christmas realistically.


    Can someone suggest a template or link where I can start to gather all my documents together please?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    wilsonf1 wrote: »
    Can someone suggest a template or link where I can start to gather all my documents together please?
    Yes, I can do that...

    Post #2 of the NEWBIES thread.

    You already have a link to that in post #4 above.
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