County Court Claim (Gladstones)

Powerhouse888

Hi

Apologies if ive missed anything but tried to quickly read noobs thread.

Currently being pursued by Gladstones on behalf of CPM for parking charges of £100 (x4)
(June 2018) for bays that are unmarked and poorly maintained.

after moving into a flat for the first time i was handed a car pass with no real instructions formal or verbal on the permit system, replacements, fees etc

after someone failed to break in time and crashed into he back of me my remote locking system has failed (door /boot open symbol) so after a few days without realising im now stuck with manual only and ive reason to believe my iPhone charger, car pass and a few miscellaneous items where stolen.
This took me a few days to realise however and ive had parking charges in that time.

my landlord was slow to respond and CPM where also slow to release the next pass i bought
so i received more.

i send the following letter on 16/7/2019 but had no reply

[16/07/2018]
Appeals Department
UK CPM
PO Box 3114
Lancing
BN15 5BR

Dear Sir or Madam

Ticket number:
Vehicle registration number:

You issued me with a parking ticket on 21/24/26 June and 2nd July 2018 but I believe it was unfair unlawfully issued. I reject your demand for payment for the following reasons and I won’t be following your appeals process as don’t want to acknowledge the validity of the tickets.
I believe the in house appeals process to be biased as you’re not BPA or IPC registered.

• There was insufficient signage
. The parking conditions state I must park within a marked bay but the area in question has no clearly marked bay making this request literally impossible and unenforceable.
This means no contract can be formed with the landowner and all tickets are issued illegally and I refute any presumed consent.
The car park in question has no clear signage to explain what the process is around permit replacements. .
Please see attached evidence, I have gathered as proof.

• Mitigating circumstances
There are mitigating circumstances to explain why the vehicle was parked without a permit and the charge should be waived for this reason.
I’ve recently had a car accident in which another driver collided into the back of my vehicle causing damage to the boot which means my automatic/key fob lock has been damaged. Resulting in my permit, iphone cable and other miscellaneous items being stolen as I was unable to secure my vehicle.
(I was not aware of this theft until after I had received a ticket)

Since moving in my landlord didn’t inform me how to go about ordering a permit which led to some confusion and delay.

Between paying and ordering the permit replacement on 25/06/2018 there was a huge delay in me receiving the permit and I only received confirmation on 11/07/2018 after I complained, this meant I didn’t have a temporary code to pace in my dash to void 2nd , 3rd , 4th alleged parking notices.

Please see attached evidence,

The charge is disproportionate and not a genuine pre-estimate of loss
The amount you have charged is not based upon any genuine pre-estimate of loss to your company or the landowner.

In my case, the £100 (x4) charges you are asking for far exceeds the cost to the landowner as the car park doesn’t take or collect charges as only residents of the parking bay question may park there meaning there is no enforceable loss on the landowners part or CPM. I therefore feel the amount you are asking for is excessive.



• Upon agreeing to rent this flat spaces where listed but the penalty charges and permit system was not explained to me.

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

I’m also happy to defend my stance in court as i feel strongly about my numerous amounts of evidence.

Yours faithfully,




at the time id just left the RAF and changed address on driving licence but forgotten about log book so i thought the letter had worked but since and RAF colleague has just handed me this last week it seems not.

The RAF know my forward address not sure if this helps my defence


any advice greatly appreciated!

notice served 14th august excluding 5 days

im on holiday 2nd - 16th in usa so not wanting to drag this out too long.

Fruitcake

Have you done the AoS yet? Have you read the guide to court written by bargepole you will find in post 2 of the NEWBIES?

Have you changed your V5 address with the DVLA? That could cost you a grand if you haven't.

What does your lease/AST say about parking, parking permits, parking charges, and court? Just as important, what doesn't it say about the above.

Who brought in the scammers? What did the landowner and MA if there is one say when you complained

If there is no requirement on your lease/AST to display a permit, why are you paying for one?

Have you complained to your MP yet about this unregulated scam.

waamo

You say you are being chased but what exactly have you had? I suspect it's just debt collectors rubbish but it would be useful to know

beamerguy

Is this really a county court claim, did it come from Northampton

Powerhouse888

V5 Submitted - School boy error on this front.

I followed the steps with the intention of completing an AoS but hesitated as the extension isn't needed as id still be on holiday at the time action would be needed. ( is that all its for or have i misunderstood)

I've had correspondence from Northampton County Court claim requiring a response

I'm looking into the lease details and no i haven't lodged an complaints to anyone yet .

appreciate the responses

KeithP

What is the Issue Date on your County Court Claim Form?


You would be wise to edit your opening post to remove your name.


Also, have you based your forum username on your real name?

If so, you are best advised to get it changed to something much more anonymous.

To help with that, you might like to read this short extract from The MSE Forum Guide - Frequently Asked Questions & Rules:

Q. How can I change my username?

A. In most circumstances, this is not permitted.

The only reason we will change your username is if it puts your privacy at risk. This usually means you've inadvertently registered using your name, email address or something that gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com and request that it is changed, giving three alternative usernames in order of preference.

Powerhouse888

Issue Date - 14th August 2019

Thanks for the advice regarding user names.

Powerhouse888

14th August 2019

Thanks for the advice

KeithP

louth88 wrote: »

Issue Date - 14th August 2019

With a Claim Issue Date of 14th August, you have until Monday 2nd September to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 16th September 2019 to file your Defence.

That's nearly three 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.

Powerhouse888

Thanks again for the advice.

as mentioned im away 2-16th (USA) so i thought better to get my defence sorted and sent in rather than delay.

Ive got the dropbox guide to Aos up as a tab now but does that serve any other purpose than delay?

Also with regards to printing and signing my defence is this in addition to the Mcol defence? or instead of?

also is the best option to email evidence to CCBCAQ@Justice.gov.uk? rather than the MCOL portal?



Thanks again!

Powerhouse888

Update ive submitted an Aos as advised.