County Court Summons Received

jman247

Hello all,


I have today received a letter as keeper of a vehicle notifying me of a claim by Gladstone's Solicitors on behalf of GXS Services, pertaining to a parking infringement in July 2017. Issue date is June 11th, 2019. The keeper's car was parked on private land, on double yellow lines. There were no signs of any sort regarding no loading etc next to where the car was parked, and the one and only sign setting out the terms of parking is located over 250m from where the ticket was issued on the window (measured on Google Maps). The ticket and subsequent debt collection letters were ignored, and there has been no more correspondence until now.


I have read the newbie thread, and submitted a SAR to the company, as well as filing my Acknowledgement of Service with the court.



I am looking for a bit of advice going forward for when I file the defence on the angle to take here, the sign regarded as the contract is exceptionally small and cannot be read from a passing vehicle, and as I stated was over 250m from where the car was parked. It does state that there should be no parking on yellow lines, however I have read conflicting things on whether yellow lines are enforceable on private land, so I'm unsure on whether I'm most likely to succeed by disputing the validity of the contract as a result of the sign being so unclear and so far away, or by disputing the validity of yellow lines on private land.



They have claimed £100 for the initial parking charge, plus '£60 contractual costs pursuant to the contract and PCN terms and conditions' plus legal costs and interest, totalling £258.31.



Any advice on which option to take is greatly appreciated!

KeithP

Hi and welcome.

What is the Issue Date on the Claim Form?

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

You need to realise this is not a summons. You decide whether to attend court or not as this is not a criminal case.

Redx

its not a "summons" , its a civil case Money Claim from the CCBC in Northampton (government office)

post the ISSUE DATE on the top right of the claim form

edit your first post and remove words like "MY , ME , MYSELF & I"

the DRIVER drove and parked on the day in question

the KEEPER received all the subsequent letters and the KEEPER is being taken to court

only use those 2 words , plus CLAIMANT and DEFENDANT , nothing else

Half_way

Do you know where this car park/DYL's were/are located?
was the vehicle unloading to a property attached the the car park/road?
was this a residential case/car park?


Are you aware of Homeguard vs Jopson?

beamerguy

They have claimed £100 for the initial parking charge, plus '£60 contractual costs pursuant to the contract and PCN terms and conditions' plus legal costs and interest, totalling £258.31.


WHAT CONTRACTUAL COSTS ???
Doubt you will see this on the signs apart (maybe) in the very small print T&C's

Gladstones have added a scam charge which is Abuse of Process

Recently a District Judge kicked such a case out of court without a hearing. This was with BWLegal who also practice this scam add-on

The Judge said this was abuse of process and that's what Gladstones are doing.

Southampton court threw out a case from BWLegal because of Abuse of Process regarding the fake BWLegal add-on. READ ALL ABOUT IT .... POST #10
Claim number is F0DP201T District Judge Taylor
https://forums.moneysavingexpert.com/discussion/comment/75917866#Comment_75917866

You must therefore bring this to the attention of the Judge, inviting him/her to read what District Judge Taylor has said and done

jman247

Thanks for your response Keith - the issue date is June 11th, 2019. It came from the County Court Business Centre in Northampton yes, sorry for my confusion over things!

jman247

Half_way wrote: »

Do you know where this car park/DYL's were/are located?
was the vehicle unloading to a property attached the the car park/road?
was this a residential case/car park?


Are you aware of Homeguard vs Jopson?

The road (part of the private land) on which the car was parked is in Shoreham, East Sussex. The vehicle was parked on DYL outside a business attached to this road. It's not a residential area/car park. And no I'm not aware of Homeguard vs Jopson but I will read up now!

jman247

beamerguy wrote: »

They have claimed £100 for the initial parking charge, plus '£60 contractual costs pursuant to the contract and PCN terms and conditions' plus legal costs and interest, totalling £258.31.


WHAT CONTRACTUAL COSTS ???
Doubt you will see this on the signs apart (maybe) in the very small print T&C's

Gladstones have added a scam charge which is Abuse of Process

Recently a District Judge kicked such a case out of court without a hearing. This was with BWLegal who also practice this scam add-on

The Judge said this was abuse of process and that's what Gladstones are doing.

Southampton court threw out a case from BWLegal because of Abuse of Process regarding the fake BWLegal add-on. READ ALL ABOUT IT .... POST #10
Claim number is F0DP201T District Judge Taylor


You must therefore bring this to the attention of the Judge, inviting him/her to read what District Judge Taylor has said and done

Thanks for this! I don't seem to be able to upload a picture, but the sign reads as follows:


PRIVATE LAND - Vehicles must be parked fully within the confine of a marked parking bay. No parking on double yellow lines, hatched areas, or outside of a marked bay. Breach of ANY term or condition will result in the driver being liable for a parking charge of £100. By entering or remaining on this land you agree to abide by all of the terms and conditions. Parking charges are to be paid within 28 days. Additional parking charges apply for each 24 hour period or part thereof that the vehicle remains within breach of it or returns at any time. Terms and conditions apply 24 hours a day, all year round. Where a parking charge becomes due an application may be made to the DVLA for the keepers details. Non payment will result in additional charges which will be added to the value of the charge and for which the driver will be liable on an indemnity basis. Automatic number plate recognition may be in use. Images may be captured and retained for enforcement purposes. We are not liable for any loss or damage howsoever caused to any person or property whilst on this site save under any statutory exceptions.

Redx

host any pics on tinypic and add a dead URL to your post to link it, changing http to hxxp

KeithP

jman247 wrote: »

The issue date is June 11th, 2019. It came from the County Court Business Centre in Northampton.

With a Claim Issue Date of 11th June, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 15th July 2019 to file your Defence.

That's a whole month away. Loads of time to produce a perfect Defence, but don't leave it to the 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 an early copy of the Claimant's Directions Questionnaire, they are just trying to keep 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.

jman247

Redx wrote: »

host any pics on tinypic and add a dead URL to your post to link it, changing http to hxxp

Thanks again, much appreciated.


hxxp://i68.tinypic.com/303bhvk.jpg[/IMG]


hxxp://tinypic.com/r/303bhvk/9