Gladstone Solicitors Claim form for parking ticket

Mattmay247

Hello- my first ever post on here ... I have read the sticky and tried to come to a better understanding of all this

Okay, well on 15/07/18 The driver went to Southend under HX CAR PARK MANAGEMENT. & parked and went to pay for a ticket. kept trying to put money in but it wouldn’t accept the money in the machine. So The driver decided to go into the casino on the site to change some money up. paid for the ticket eventually ( maybe 10 minutes ) and everything was okay ( )
A few weeks later The keeper got a letter from the company saying I had breached the contract of the ‘Grace period’ and demanded them to pay £100 pcn. I. I ignored the letter as thought it was a scam.. Some time passed and I opened a letter from Gladstones solicitors a letter before claim. I replied to that letter asking for more details about the case but they never replied. Toda I had a claim form from Northampton county court business centre and the amount Gladstones want is £168.18 ( amount claimed) court fee £25, Legal representatives costs £50. Total amount £243.18!!!!

I am sorry if this post isn’t in the right place but I have read dozens of different cases and defences and it’s just gotten me even more confused. Complete newbie here. Any advice?

Redx

edit your post and remove any hint of who was driving on the day , plus put some paragraphs in so we can actually read it

the DRIVER drove on the day

the KEEPER received the subsequent paperwork in the post

do not use "MY , ME , MYSELF & I" , pointless you asking for help on a public internet forum if your PPC can take screenshots and produce them against you in court (is it not ?)

what is the DATE OF ISSUE on that claim form ?

do the AOS online by following the walkthrough in the NEWBIES STICKY THREAD , POST #2

then start drafting your defence and post the draft below for critique

if you want a legal opinion on your chances , consult a lawyer

we will tell you what needs doing and what you should read, we dont give legal opinions, this is not a legal aid forum , its a consumer rights forum (MARTIN LEWIS would tell you to consult a solicitor, which costs a lot of money if you engage them)

come back with the DATE OF ISSUE and tell us you have done the AOS online as well

then start on your defence

here is what CM said recently

most people can use bargepole's concise template defence from the NEWBIES thread, and add in a point or two about the facts of the case/contravention/why they are not liable.
And a point about no landowner authority as seen in other defences.

fisherjim

No those costs are not reasonable and some are considered fraudulent on here.


Also the grace periods are supposed to be a period of leeway to assist the motorist with the scam that is anpr which isn't fit for purpose and banned by the government for use in council car parks.


These scammers have even tried to turn that to their scamming advantage.


Follow Redx' advice and also stop calling your invoice from a scammer a"fine".

Mattmay247

Hi, thank you for your responses. The issue date is the 8th of April 2019 ( so 2 days ago ) & I have just done the AOS online. Thanks

Redx

do a search for FRUSTRATION OF CONTRACT as well as GRACE PERIODS etc

as long as the money was eventually paid and a ticket was purchased by the driver then hopefully a judge will see it for what it was, and award judgment in your favour

do an SAR by email to the DPO at HX for all your data, tonight , no excuses

then start drafting your defence and post it below for critique

KeithP

Mattmay247 wrote: »

The issue date is the 8th of April 2019 ( so 2 days ago ) & I have just done the AOS online.

With a Claim Issue Date of 8th April, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 13th May 2019 to file your Defence.

That's over 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 "defence received". 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.

Mattmay247

Great advice, a big thanks to you guys for pointing me in the right direction. I can imagine my kind of post can be quite be repetitive dealing with these newbie enquiries all the time. Once I’ve arranged my defence I’ll post on here to get some constructive criticism.

Really appreciative of your support.

KeithP

Does the Claimant already know the identity of the driver?

If not why does your Defence tell them that?

Coupon-mad

Mattmay247 wrote: »

I had a claim form from Northampton county court business centre and the amount Gladstones want is £168.18 ( amount claimed) court fee £25, Legal representatives costs £50. Total amount £243.18!!!! Is this reasonable for their machine that wouldn’t take my money

Credit to coupon mad, saw this draft on one of these forums.

Not one we'd recommend now though - far too long.

It's not one I link in the NEWBIES thread.

You were encouraged to use bargepole's CONCISE defence example and adapt it to suit with the facts. Do that instead, and add the bit here from #11 onwards about costs:

https://forums.moneysavingexpert.com/discussion/comment/75697191#Comment_75697191

That example also deals with a driver making 'reasonable endeavours' to pay when the system wasn't working (your is similar if it wasn't accepting coins properly).

Please bin the defence draft you just showed. Start again.

Mattmay247

Thank you for the replies. I’ll do that now.

Coupon-mad

Much better. Add in the Jolley v Carmel 'reasonable endeavours' paragraph.

Point #2 needs a full stop or two. I ran out of breath reading that long sentence!