Got my 1st CCBC Claim from Gladstone - Please Help

ParkingTicketGuy

Good morning dear all,
If you can help a fellow in need it will be greatly appreciated.
My situation is as follows.

I used to live in Ferguson Close, E14, London from 09.12.2016 to 01.09.2017 and I had 3 cars parked on this private land without having issues with any parking tickets. Since 1996, when they built this residential area, they had also displayed a £100 warning sign for parking on private land...but this was never enforced at least until I left the address on September 2017. There was a security guy who was doing daily checks but not parking tickets.
At the end of 2016, they implemented some sort of private permits that needed to be displayed at all time during the parking (the permits were given for maximum 2 cars per flat with a tenancy or a landlord contract). I got one for my main vehicle(which I don't have anymore because I sold the car and I moved from that area) but I still had 2 other cars with no permits.
I mention I never had any issues/tickets for parking the cars there.
In the meantime, I moved a few blocks away from this address and in April 2019 I bought a car. While I was waiting for a buyer for my old car and not having a second space for parking it, and knowing that close by the car would have been secure I decided to park the car for a few days at my previous address. After 3 days I found 3 x £100 Private Parking Tickets. Reading this forum I decided to not paying and ignoring the letters (which were claiming 3 x £160) as the Claimants were always different until Gladstone (the last ones) sent me a final warning letter.
After this letter, I received the official Claim Form in the County Court Business Centre for which I have replied with the Acknowledgement form today, 23rd of September 2019.
Now I have 15 more days to build my defence.
Apart from saying that I knew as a past tenant that the parking was 'free'(and if I would have known that it was enforceable, I would either have paid or staid away), I don't know what else I could bring to the table in my defence.

Do I have any chance to defend this or should I pay?

The Particulars of Claim are as follows:
Particulars of Claim
The driver of the vehicle with registration ******** (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at Ferguson Close Nos 7-108 London E14 3SH - 7 - 108 Ferguson Close off Westferry Road Millwall London E 14 3SH, on ****3 days**** thus incurring the parking charges (the 'PCN's'). The PCN's were not paid within 28 days of issue. The Claimant claims the unpaid PCN's from the Defendant as the driver/keeper of the Vehicle. Despite demands being made, the Defendant has failed to settle their outstanding liability. THE CLAIMANT CLAIMS E 100 per PCN, €60.00 per PCN contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of E 12.05 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at £0.11 per day.

I have noticed a mistake in this text...instead of mentioning all 3 days they mentioned one day twice and so they are stating literally 2 days in these particulars of the claim but this is just the smallest issue.

The court is:

7372 COUNTY COURT BUSINESS CENTRE
4TH FLOOR ST KATHARINE'S HOUSE
21-27 ST KATHARINE'S STREET
NORTHAMPTON
NNI 2LH
Court telephone number: 0300 123 1056

The Issue Date is 06 SEP 2019

Any advice would help a lot.
Thank you,

beamerguy

THE CLAIMANT CLAIMS E 100 per PCN, €60.00 per PCN contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of E 12.05 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at £0.11 per day.

Gladstones still in scam mode

THE FAKE £60 CHARGE is not allowed pursuant to POFA 2012
This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4

Gladstones must explain to the court on what authority do they have to circumvent the law and the courts own double recovery rules.

The Contractual charge does NOT wash water and Gladstones know it.

The interest, the question is for a judge is why did they take so long to persue, doubt a judge will allow that especially when Gladstones are trying to scam you with a fake £60

Umkomaas

You need to spend some time reading carefully the NEWBIES FAQ sticky, post #2 which has been written by legally qualified and those with experience of court proceedings. It will take you right through the court process.

Please note, it is not a 'skim read', it is detailed to help you with the significant effort you will need to put in to defend this claim.

ParkingTicketGuy

This community is gold...I was not expecting any replies any time soon...I will read carefully post No.2 and follow the steps...I will come back with questions.
Thank you once again.

The_Deep

Have you read this?

https://parking-prankster.blogspot.com/2016/11/residential-parking.html

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, many of whom are former clampers, 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

beamerguy

This community is gold...I was not expecting any replies any time soon...I will read carefully post No.2 and follow the steps...I will come back with questions.


Sorry, forgot to add

ABUSE OF PROCESS ...... that is what Gladstones are doing
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

KeithP

ParkingTicketGuy wrote: »

I received the official Claim Form in the County Court Business Centre for which I have replied with the Acknowledgement form today, 23rd of September 2019.
Now I have 15 more days to build my defence.

The Issue Date is 06 SEP 2019

With a Claim Issue Date of 6th September, and having done the Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 9th October 2019 to file your Defence.

As you say, just over two 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.

ParkingTicketGuy

Hi all,
I have read post #2 of the NEWBIES FAQ sticky thread many times now and I am a few days away from the acknowledgement deadline, I am now trying to put together my defence for this case.

At the beginning of the Newbies FAQ, I see that at the LBC stage the best thing to do is to find out their hand by sending them a SAR.

'Pre-action stage:
If you have a real 'Letter of claim' or Letter Before Claim (LBC), a claim IS likely. I don't mean one asking you to pay a debt collector, I mean a 'real' LBC like here, which you can tell due to the 30-day deadline and mention of reply forms:
this is a chance to see the parking firm's hand - to send them (NOT their solicitor, if they are using one) a Subject Access Request 'SAR' listing what you want to see by way of data they hold about you.'

My questions are as follows:
1. As I have already passed that LBC stage, is it still a good idea to send them a SAR just to find out everything they have on me?
2. I mention that I have the details of both the parking company and their solicitors firm (Gladstone). To whom should I send the SAR at this stage?

Thank you for your support. It is greatly appreciated!

nosferatu1001

1) Yes, of course it is.
2) The parking firm, and for giggles, Gladstones. Gladstones wont even have any documents at this point - they never do.

But why ar eyou thinking SAR? Your defence is paramount. Youve wasted enough time - the closer yo uget without showing us something, the less time you have for anyone to even glance at it. Get to it!

ParkingTicketGuy

First of all, thank you for your reply,
By later today, I hope I will have something for the defence posted here...I am working on it.
I will send SAR also.

BTW this is the sign/contract (photo attached) and I find it hard to put together a defence when I was in breach of the first term stated in that sign.
I know what to say about those £60 extra for and the further interest.... but I did not find anything for the full defence. Every example has something that you can work with (poor signage, poor bay markings, etc.) ...but mine is pretty clear as I did not have a valid residential permit....is there a particular case/link I can read in order not to just hoover again through all the Newbies FAQ as it is very time-consuming?

Thank you for your support! It is greatly appreciated!

ParkingTicketGuy

OK...as a new user I see I can't attach links but this is the text on the signage:

WARNING PRIVATE LAND
24 Hour Enforcement Zone
This site is managed and operated by Ace Security Services
Terms and Conditions
1.Vehicles must display a valid permit prominently and comply with any conditions on that permit;
2.Vehicles must not cause an obstruction to roadways, other road users, emergency access areas or bin areas.
The driver, by breaching any of the above Terms and Conditions while parking or remaining on this land, accepts liability for a Charge of 100 payable within 28 days of issue.
You will be liable for additional Charges for each and any subsequent 24-hour period (or part thereof) that the vehicle remains or if it returns at any time.
Failure to pay the Charge within 28 days of issue may result in the vehicle's registered keeper details being requested from the DVLA and further action being taken for the payment of the Charge. This may involve passing the debt to solicitors which may incur additional cost for which you will be liable to pay.

If you are unsure, DO NOT PARK and call -
Ace Security Services 0344 80 999 40