Clam form from Gladstone Solicitors

Itakerisk

Hi, there,

I have also received a court claim form from Gladstone solicitors on Saturday, it's regarding my dad's (i was driving) car parked in June 2018, I have had received the parking ticket for £60 in Southall industrial state where I went to get my laptop repaired, (last year) My car was parked for only 5-10mins before it was moved as the shop keeper told me to move my car, he also mentioned the practice of the parking company fining people, (There were no visible signage or warning as such), After approx 5 months later I received £60 parking fine, I simply ignored the letters from the parking company as they seemed very dodgy, they didn't have a phone number or email address to discuss the matter and the given address was of a building with no office in it.

Now after 1 year later, I have received a claim form from county court business center.

The claimant "Hounslow enforcement limited"

Particulars of Claim :

The driver of the vehicle XXXX parked in breach of the terms of parking stipulated on the signage (the Contract) ?? at Southall enterprise business park on 21/06/2018 thus incurring the parking charge (PCN) The Claimant claims the unpaid PCN from the Defendant as the driver/keeper of the vehicle, the defendant has failed to settle their outstanding liability. The Claimant claims £100 for the PCN, £60 contractual costs, pursuant to the Contract and PCN terms and conditions, together with statutory interest of 9.76 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at £0.04 per day,

Please advice?

Coupon-mad

You simply need to do as you see in other threads and show us your draft defence. After reading the NEWBIES thread.

All cases are very similar.

If you ignored the letters how can YOU have got the claim? Surely your dad did?

What's the issue date of that claim?

Itakerisk

No he was out of the country and did not reply to them, I was driving his car so I am the driver, I ignored the letters as I want to talk to the parking company to explain my case, there was no website, no email addresses, no telephone numbers to talk to human or even the physical office didn't have an office in it, I then contacted the shop owner I visited in that business park and explained him about the parking fine, He advised me to ignore their letters as he told me that he has multiple customers complained about similar letters from this company in past too, he told me that these people are scam and they have no physical existence, they purposely harras people and some stay on right side of law, So I simply ignored their letters ..

Coupon-mad

I'll try again.

WHO IS THE NAMED DEFENDANT?

Can't be you as they do not know who you are if you never appealed.

Itakerisk

Named defendant is my DAD, Claim form is in his name,

Correct, it's not in my name and they don't know me.


My Dad was out of the country when this happened.

Coupon-mad

OK so this is not the case:

I have also received a court claim form from Gladstone solicitors

You should have said:

My Dad has a claim from Hounslow enforcement limited but he was not driving.

The fact is this is not your case and you can't defend it. Does Dad realise he will have to go to a hearing and get his head around defences and procedures and evidence?

And he will need to thoroughly understand the POFA to explain to the court why he is not liable, if the PPC's NTK was not a POFA one.

Your DAD must acknowledge the claim first, using his Govt Gateway account.

Itakerisk

OK so this is not the case:
Quote:
I have also received a court claim form from Gladstone solicitors
You should have said:

My Dad has a claim from Hounslow enforcement limited but he was not driving.

Apologies for misquoting it,

The fact is this is not your case and you can't defend it. Does Dad realize he will have to go to a hearing and get his head around defenses and procedures and evidence?

Yes he does, I have spoken to him about it as he the one who opened the letter,

And he will need to thoroughly understand the POFA to explain to the court why he is not liable if the PPC's NTK was not a POFA one.

This is a huge problem as he will have issues doing this, he is a pensioner and certainly won't be able to do this


Can I transfer the case in my name?

What would you advise in this situation?

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?


Please do not write off all pensioners as being unable to cope with this stuff. I am a pensioner, and have been for several years, but get by.

Of course I understand that many people have various reasons for struggling with this irritant, but being a pensioner is not one of those reasons.

Itakerisk

It is 6th of September, it has come from County court business center business center in Northampton,

English is not his first language but he is fully capable of appearing in court with defence, I will be helping and writing his defence statement for him,

I am very annoyed with these fraudster as the car park never had signage or visible enough atleast for me to not park there, on top I had moved my car with in 5 minutes and parked it in the parking bay that was allocated to the shop I was visit, I made multiple attempts to ring and speak to them on phone/via email but they have no website or other means to contact a Human, I felt it was planned con.

Coupon-mad

As long as you can get your head around the POFA Schedule 4 and why their NTK is not compliant (we hope) then you can speak for Dad as long as HE attends as well.

You cannot transfer the case now. He was wrong to tell you to ignore it if he wasn't up to this, he had his chance to name you as driver and can't now.

It's his case to acknowledge & defend and send a SAR to the parking firm, to urgently see the letters and photos that he threw away.

The NEWBIES thread tells him how to do all of the above. If he has no Govt Gateway account (i.e. he's never filed a self employed tax return or done other things using the Govt Gateway) then he needs to register online for one.

Itakerisk

I am going to get on with the stuff you have mentioned above,



I haven't acknowledge the claim yet, So i log in on government gateway site and select the AOS ?


Not Sure how i send SAR but I'll now jump in it and investigate.


I am committed and i am all in it to take them all the way.


I feel they are thieves and steel people money unjustly.


I will get back with my defense at earliest. Any guidance



on defense statement would be great thanks