UK Car Park Management/Gladstones Court claim

Ladybird150

I need urgent advice regarding acknowledgement of County Court Claim and counterclaim against UK Car Park Management via Gladstones.

We want to counterclaim against UK Car Park Management but I need some legal advice on Defendant’s name. The car in question is registered in my husband’s name but used solely for business purposes (car repair garage). I have insurance papers which confirm that 3 individuals (2 employees and my husband) were insured to drive this car. On the date in question my husband was absent from his business premises as it was half term and we were out for the day with our children. Luckily I still have our 2018 diary which shows that he was with me and our children that afternoon when the ticket was issued. We have another car which we use for private purposes only and which we used that day.

By the time we found out about the ticket (2 months later) the two employees could not remember who was driving the car.

The counterclaim is for another ticket which was issued whilst a customer's car was parked inside my husband’s business premises. We complained about this to UK Car Park Management and they apologised and cancelled this ticket. However the customer whose car was targeted got very angry and took his car away and we lost the business and any potential future business from this customer.

My question is this. The claim form is issued in my husband’s name as the registered keeper of the car. However I think we cannot counterclaim in mu husband’s name but only in his limited company name? Am I correct on this? How do we counterclaim in his business name?

On page 2 of the Counterclaim under Acknowledgement of Service we can change Defendant’s name but I am afraid if I change this to his business name the business will become liable for all 3 employees regardless of who was driving the car.

Any advice would be appreciated.

Umkomaas

On some of the questions you ask, you're moving well into legal matters which this forum does not cover in the depth that I think you require.

To be sure of best legal advice, either go over to the LegalBeagles forum, or seek professional advice from a solicitor - especially if you're looking to make a claim for loss of business.

Coupon-mad

My question is this. The claim form is issued in my husband’s name as the registered keeper of the car. However I think we cannot counterclaim in mu husband’s name but only in his limited company name? Am I correct on this? How do we counterclaim in his business name?

You can't, you'd have to counterclaim in his name.

Or just see how this pans out then separately file a claim (a new one, not a counterclaim) in the spring, in the name of the Ltd company, suing for the loss of business and man hours spent fighting ALL of the PCNs.

So, I'd wait, and tot up more money.

On page 2 of the Counterclaim under Acknowledgement of Service we can change Defendant’s name

You can't.

That's for cases where a lady has got married, etc.

Show us the draft defence, as we want to help.

Ladybird150

Thank you very much for quick responses.

Coupon-mad. We wrote a strongly worded letter to Gladstones advising them that if they pursue this matter and take us to court that we will counterclaim for loss of business. I sent them a picture of the customer's PCN which shows a car inside my husband's premises and advised them of loss of business but this had no effect. We feel we need to counterclaim now as a matter of principle.

If we counterclaim now does this mean my husband will need to attend court twice, ie for hearing of Gladstone's claim and then for our own hearing? Thank you in advance.

Coupon-mad

No, it's one hearing and he can certainly try a counterclaim. Costs a fee though (Google for it, depends on the sum claimed).

Why not add on man hours for defending this claim too? Got to be more than 20 hours time surely? Plus the counterclaim filing fee of course, like they did!

Set out clearly how the claim is quantified and what the D's cause of action is, trying to word it better than they worded their POC.

Don't add on ordinary costs like travel for attending the hearing, as costs are a separate sum you just ask for when you win!

The counter claim just gets stated with a separate heading and separate statement of truth, signature and date, straight under the defence word document so it's all in the same submission, and he will have to phone the CCBC to pay the filing fee to make sure they don't overlook it and to make it live.

Show us the draft for the defence & the counter claim and we'll help. Nothing to lose but a small court fee for trying, if the Judge doesn't award it. But if you can set out and (later in his WS for each) evidence the loss, then it might just get granted because some Judges certainly would, I reckon.

An example of a successful counter claim can be found by Googling Henry Hippo UKPC pepipoo, which is a thread where I helped write the counter claim and it was allowed.

The_Deep

Nine times out of ten these tickets are scams so consider complaining 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.

KeithP

What is the Issue Date on the Claim Form?

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

Castle

Ladybird150 wrote: »

We want to counterclaim against UK Car Park Management but I need some legal advice on Defendant’s name. The car in question is registered in my husband’s name but used solely for business purposes (car repair garage). I have insurance papers which confirm that 3 individuals (2 employees and my husband) were insured to drive this car.

Is the car insured in the name of the Ltd company or your Husband's name?

Umkomaas

You should get a witness statement from your lost customer outlining reasons for no further patronage and an estimate of the likely amount (£) of business that has been denied you as a direct result of the PPC's harassment.

Ladybird150

Couponmad. Thank you very much for your advice. I will go through everything and prepare the sum we want to recover.

KeithP. The issue date of the Claim Form is 13th August and it was received on 14th August. I still have another week to acknowledge the claim and respond.

Castle. The car is insured under company motor fleet insurance policy.

Umkomaas. I am not sure if we will be able to get a witness statement from the lost customer. I will speak to my husband and see if he would contact him.

Thank you all for time taken to respond to me.

Castle

Ladybird150 wrote: »

Castle. The car is insured under company motor fleet insurance policy.

Which would make the Ltd company the "keeper" for the purposes of POFA.