Gladstones Claim Form - is contesting worth the risk?

BonzoGonzales

Hello
My son rented a flat with a tenancy agreement that gave him an allocated parking space (denoted by the flat number). The car park is managed by UK Car Park Management who issue resident permits. He broke up with his girlfriend who left taking the permit with her. In between getting the replacement permit he received two parking tickets which he refused to pay as he thought he was entitled to park in his allocated space by dint of his tenancy agreement.

He's now received a Claim Form from Gladstones for £247 (the PCN was £100).

A few facts:
- he did not receive a LBA
- the tenancy agreement says he has an 'allocated parking space'
- the Claim Form says he 'agreed to pay the PCN within 28 days' which is not true in the sense that any fair person would understand it - guessing it's true if it says it on the sign and the sign is considered a contract

The questions I have for you wise folk are:
- should he contest this claim or is he likely to lose?
- if he did lose could he incur additional costs?
- if he lost but paid immediately, would he avoid getting a CCJ registered?
- is there any potential damage to his credit rating if he did lose but paid immediately?
- there might be a second Claim in the pipeline so is it worth asking for an out of court figure to settle all the potential claims?

Thanks in advance

KeithP

What is the Issue Date on the Claim Form?

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

BonzoGonzales

25 Feb 2019
and yes it's from the County Court Business Centre in Northamption.

KeithP

BonzoGonzales wrote: »

25 March 2019
and yes it's from the County Court Business Centre in Northamption.

It's only 11th March today.

Please try again with the Issue Date.

BonzoGonzales

Yes my mistake - corrected to 25th of February

KeithP

BonzoGonzales wrote: »

25th of February

With a Claim Issue Date of 25th February, you have until Monday 18th 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 Monday 1st April 2019 to file your Defence.

That's three weeks 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.

Coupon-mad

The questions I have for you wise folk are:
- should he contest this claim or is he likely to lose?

We win 99% of defended cases here. No word of a lie.

- if he did lose could he incur additional costs?

NO, he would pay LESS than the inflated made up sum that are pursuing.

- if he lost but paid immediately, would he avoid getting a CCJ registered?

Yes, he avoids it. THERE IS NO RISK. The potential CCJ would be completely wiped and never appear on his credit rating, at all, as long as he paid within 30 days of judgment.

- is there any potential damage to his credit rating if he did lose but paid immediately?

None.

- there might be a second Claim in the pipeline so is it worth asking for an out of court figure to settle all the potential claims?

Nope, it's worth defending them, seeing off a scam and learning from the life experience and basking in the glory among friends & family! All good research & experience and he gets to see how the justice system works in the small claims track.

beamerguy

A few points I would make.

1: If the GF went off with the permit, does that mean that she had a car, parking on site as well

2: If the lease clearly states that your son has a parking space, when he signed the lease, did it say a permit had to be displayed.
Or was this permit saga after that when the PPC was installed

3: You say he did not receive a LBC ...... what communication did he receive, what about debt collector letters

4: Does the claim form really say " 'agreed to pay the PCN within 28 days' ??? Any signs display an amount for £100 and a discount if paid with 14 days

5: Your son does not owe £247. Gladstones have added a scam figure of £60 which is not allowed.

YES and YES again, follow this through, Gladstones Solicitors run a scam with UKCPM and the courts are fully aware of this. Plus the courts do not appreciate scammers wasting their time on residential cases.

READ THIS .... Residential Parking
https://parking-prankster.blogspot.com/search?q=RESIDENTIAL

Then read up about Gladstones
https://parking-prankster.blogspot.com/search?q=GLADSTONES

And UKCPM
https://parking-prankster.blogspot.com/search?q=UKCPM

Have you spoken to the MA, other residents about this ?
It is the MA or landowner that can get this problem cancelled

As a footnote, Gladstones are a hapless incompetent bunch

Get to grips with this scam, get a judge to whoop Gladstones and then claim your costs

BonzoGonzales

Posts crossed - sorry, I'll find out the answer to your questions beamerguy.

That all sounds encouraging and frankly I think we should defend it just out of principle.
But on what grounds can we defend it?
If the sign in the car park is a 'contract', does that override the tenancy agreement?
Does a lack of a LBA account for much?

Coupon-mad

Please read the links & info already provided; we have no time to repeat on what grounds a residential case can be defended when it is literally all over the forum.

Even just reading the Parking Prankster link given would give you a decent overview.

beamerguy

BonzoGonzales wrote: »

Posts crossed - sorry, I'll find out the answer to your questions beamerguy.

That all sounds encouraging and frankly I think we should defend it just out of principle.
But on what grounds can we defend it?
If the sign in the car park is a 'contract', does that override the tenancy agreement?
Does a lack of a LBA account for much?

A sign is not applicable if it was installed after the lease contract with your son.
Unless he agreed to a new contract

No LBC means Gladstones are acting illegally as the PaP (protocol)
dictates that the creditor provides proof of their claim and charges plus gives 30 days to respond.
This LBC also includes various forms which you do not complete.
Best check with your son