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ES Parking Enforcement - Gladstones LBC

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Comments

  • ryou4me
    ryou4me Posts: 63 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    Hi All

    Have now received a County Court Claim in the post dated 6th September 2019 from ES Parking Enforcement Limited.

    I have done AOS on Money Claim - so 33 days would take me to Tuesday 8th October 2019

    Will post up draft defence here in coming days

    Thanks
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    With a Claim Issue Date of 6th September, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Wednesday 9th October 2019 to file your Defence.

    That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


    When you are happy with the content, your Defence could 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.
  • ryou4me
    ryou4me Posts: 63 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    edited 8 October 2019 at 9:05PM
    defence submitted and MCOL have marked it as received online as of today's date

    just waiting on DQ now - unless its better for me to download and submit?
  • 1505grandad
    1505grandad Posts: 3,841 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Your post #12:-

    "I have done AOS on Money Claim - so 33 days would take me to Tuesday 8th October 2019

    Will post up draft defence here in coming days"

    What happened re posting of Defence?
  • Hi All
    This is my first ever post, therefore apologies if my terminology is incorrect or I miss something.
    I have read the threads, but have some questions if anyone can please help...
    I have received court order from CEL and sent off my defence (unfortunately I did this before I read all the threads) and I ask for mediation.
    My defences was as follows:
    I would like to appeal/defend this parking charge due to my car
    breaking down. I can provide a copy of the Mansfield Breakdown
    Assistance Report if required as evidence.

    I entered the parking area unintentionally, due to difficulties
    with driving my car. I parked the car to call my breakdown
    assistance cover. Thereafter I was unable to start or move the
    vehicle and waited for the recovery team to attend. My car was
    then recovered to a local garage for repair.

    I would also like to point out that I have not received any
    correspondence from Civil Enforcement Ltd regarding this parking
    charge. I have recently moved to my new address (*******, ******).

    I hope this is sufficient information, however please do not
    hesitate to contact me if you require any further information.
    Kind regards…
    I received a hearing letter confirming to attend court next week on the 17th and a letter from CEL that they would reduce the amount to £125 if I would pay in 7 days (last day for this today).
    Do you think I should bite the bullet and make payment, I have put a witness statement together yet and a bit unsure how to do this.
    Any help or advice would be greatly appreciated.
    Many thanks, Rick
  • Umkomaas
    Umkomaas Posts: 43,492 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Unashamed SPAM - this isn't even about this PPC nor the car park location.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • ryou4me
    ryou4me Posts: 63 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    Hi

    Received an email dated 27th Jan 2020 from Gladstones Solicitors as follows (with a copy of the N159 notice of allocation to the small claims track)

    "We act for the Claimant.

    Please find attached our completed N159 form,
    which has also been filed at Court.

    Kind regards "

    They ticked under the Reply to Court box A - "I agree that the claim should be dealt with on the papers alone" and box C which is they agree a copy was sent to me

    This was sent to me by an Admin Assistant

    However the N159 form was signed by a Paralegal Assistant - is this ok?

    And what should my next steps now be
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 3 February 2020 at 9:04PM
    ryou4me wrote: »
    And what should my next steps now be
    Your next step is to re-read items 7 and 8 in the list in post #13 above.
  • ryou4me
    ryou4me Posts: 63 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    I have already sent my Directions Questionnaire to the court and a copy to Gladstones

    Guess will wait for a notice of allocation now?

    and once a date is received start writing a skeleton
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Don't overlook the need for a Witness Statement, evidence and a Costs Schedule. All of which are described in post #2 of the NEWBIES thread.
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