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Gladstones UKCPM Court Claim
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dbruvoir
Posts: 18 Forumite

Hi there, I've read loads on the site which helped my write letters to UKCPM and Gladstones and I'm a bit surprised they don't seem to have taken heed of them but regardless I now have a Claim form from the County Court.
The car was parked on private land for a matter of minutes when my daughter required an emergency toilet visit. It lasted minutes. The driver didn't see any signs when they parked but I have subsequently been to site and there is one there. Some weeks later I received a PCN. I have sent them, and Gladstones letter but they don't seem to recognise the points raised.
Photos were taken but there was no grace period given (the driver wasn't there long enough had it been). The photos differ in seconds (timestamps on them).
I wrote in one of the letters that in order to get keeper details they needed to have signed KADOE which in turn requires they seek recovery in accordance with their ATA's COP They failed IPCs COP. on a few fronts:
Not really sure what else I would put down.
Cheers
dB
The car was parked on private land for a matter of minutes when my daughter required an emergency toilet visit. It lasted minutes. The driver didn't see any signs when they parked but I have subsequently been to site and there is one there. Some weeks later I received a PCN. I have sent them, and Gladstones letter but they don't seem to recognise the points raised.
Photos were taken but there was no grace period given (the driver wasn't there long enough had it been). The photos differ in seconds (timestamps on them).
I wrote in one of the letters that in order to get keeper details they needed to have signed KADOE which in turn requires they seek recovery in accordance with their ATA's COP They failed IPCs COP. on a few fronts:
- didn't provide written authority from land owner (IPC COP Part B, section 1.1)
- signs don't identify UKCPM as the creditor (IPC COP, Part B, section 2.1, part E, schedule 1).
- Signage doesn't have “clear and intelligible wording and be designed such that it is clear to the reasonable driver that he is entering into a contract with the creditor or committing a trespass”. (same section as previous)
- No grace time observed (IPC COP Part B, section 15)
- NTK must specify “the vehicle and the land on which it was parked”. It only mentioned a public road off which the UKCPM many other carparks come off (IPC COP, Part C, section 3.1, subsection b)
- No informing of the period of parking related to - because there was no grace period they clearly couldn't (IPC COP, section 3.1, subsections b,c,d)
Not really sure what else I would put down.
Cheers
dB
0
Comments
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What is the Issue Date on your Claim Form?
Did it come from the County Court Business Centre in Northampton, or from somewhere else?0 -
17 July but I've completed the AOS piece.
County Court Business Centre, Northampton0 -
17 July but I've completed the AOS piece
That's nearly three weeks away. Loads of time to produce a perfect Defence, but please 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.
- Sign it and date it.
- Scan the signed document back in and save it as a pdf.
- Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
- 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'.
- Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
- Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
- 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.
0 - Sign it and date it.
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Thanks Keith, did my content in the original post look good enough for the substance of the defence?0
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Sorry, I am not going to comment on your Defence, except to say... have you looked at the many example defences linked from post #2 of the NEWBIES thread?0
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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.You never know how far you can go until you go too far.0
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