Claim Form (Four PCN's)

ESWE

Dear All

New time poster seeking advice on how to respond to a County Court Claim form. I have tried to look for all the relevant answers in other posts but have not quite found the answers I need and therefore starting a new post.

The facts are as follows:

- In summer 2016 I received four PCN's in quick succession from National Parking Enforcement for parking in a small private car park which served the block of flats by girlfriend lived in at the time. (Not relevant I know, but all the flats had allocated spaces most of which were not used, nevertheless I parked my car in an unmarked area which did not hinder any of the Landlords tenants or rob them of their space.)
- Rightly or wrongly I adopted what is described on this site as the 'Militant' approach and ignored the PCN's and subsequent threat letters from various debt collectors & Gladstones Solicitors.
- The letters dried up and I thought 'hurrah' I have beaten the system. I haven't had anything in about a year and then all of a sudden I received a County Court Claim Form last week.
- Gladstones are claiming £60 per original parking charge, a further £100 late payment, interest, Court Fee and Legal costs. In total just over £900.

I do not really want to pay these cockroaches a penny but also want to bring matters to an end. I would be grateful for any helpful advice on how to proceed further, advice on what I should have done three years ago will be less helpful!

I am considering an admission of part and defence of the first ticket and offering to pay £180 (three x £60 original fee). I do not intend to pay additional charges, interest or Court Fees & Legal Costs which I understand they should not be claiming anyway.

Does anyone have any thoughts of this approach or suggestions on how best to proceed.

Many thanks in advance for your help

ESWE

The_Deep

- Gladstones are claiming £60 per original parking charge, a further £100 late payment, interest, Court Fee and Legal costs. In total just over £900.

I think that they msy be trying it on, complain to their regulatory body that they are demanding monies to which they have no entitlement, (fraud in my book).

http://www.sra.org.uk/home/home.page.

Read this

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

and you may be able to get them all thrown out, and get your MP involved.

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

beamerguy

This what they are entitled to claim

4 x £60 = £240
court fee = £25
Legal fee = £50
TOTAL = £315
Interest at a daily rate

Gladstones are not entitled to a £100 late payment charge, that is ABUSE OF PROCESS

They claim just over £900. How much is the interest charge ?

Coupon-mad

I am considering an admission of part and defence

Absolutely NOT. Defend in full.

What's the issue date of the claim?

KeithP

What is the Issue Date on your Claim Form?

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

ESWE

Thanks to all who have responded so far. To answer follow up queries:

- Interest claimed is £143.48 (pursuant of s69 of the County Courts Act 1984 at 8% pa continuing at £0.14 per day.
- Issue date was 17 July. I have a couple of days left to respond in someway
- Issued from County Court Business Centre, Northampton

nosferatu1001

You have to acknowledge the claim TODAY.
Do it online
Do it using the instruction in the newbies thread. No ifs or buts. Do it today. Online.

ESWE

Thanks Nosferatu1001. I have acknowledged online already.

KeithP

ESWE wrote: »

- Issue date was 17 July. I have a couple of days left to respond in someway
- Issued from County Court Business Centre, Northampton

Please try again. Detail is important.

There is absolutely no way that you have a Claim Form with an Issue Date of 17 July.

ESWE

17 June 2019

Coupon-mad

I'd be looking at Jopson v Homeguard defences on here by searching, as I bet NPE ran out and took photos over just a minute or two, thus they won't be able to disprove that these were occasions when you were visiting briefly to unload or re-load bags or belongings to/from the flat or helping your gf by transporting furniture (like in Jopson).

No admitting to any of these and no admitting to being parked all night, etc.