Claim Form / UKCPM - Gladstones

Doris40

Hi guys,
I've been reading info on this forum for 3 days and I am still a little confused with regards to Claim Form received from County Court on behalf of Gladstones. Could you please help/advise?

I received a claim form from County Court Business Centre, Northampton for Private/resident parking fine received back in January 2019. I have ignored all the letters unfortunately after finding out that UKCPM are considered as scam.
I am aware that I have to send AOS and then prepare defence but I am unsure of my rights/position. I'd appreciate any help.

Below are the details needed:
POC
Name of the Claimant – UK Car Park Management
Claimants Solicitors – Gladstones
Date of issue – 07/10/2019
(Deadlines - 21th October for AOS & 4th October for Defence)
Particulars of claim:
‘The driver of the vehicle with registration xxxxxx (the vehicle) parked in breach of the terms of parking stipulated on the signage (the contract) at 45-47 South Street – 45-47 South Street Bishops Stortford Hertordshire CM23 3AG, on 18/01/2019 thus incurring the parking charge (the PCN). The PCN was not paid within 28 days of issue. The claimant claims the unpaid PCN 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 £100 for the PCN, £60 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £8.11 pursuant to s69 of the County Court Act 1984 at 8.00% per annum, continuing at £0.4 per day.’
Value of the claim - £243.11
Date of the infringement – 18/01/2019
The PCN was left on a windscreen.
As mentioned, I did not respond to any communications.
I received, NTK, Formal Demand letter, two DRP letters, two Gladstones ‘letters before claim’ in August and September.

~As far as I remember I've parked there before 6pm for an hour visiting friend in the flats opposite. The bay I have park on had a sign 'Riverside visitors only' (as far as I can remember; I can take photos in the next few days)
The block of flats i was visiting is called Riverside I believe.
I'd appreciate any help.
Thank you in advance

Le_Kirk

You are correct in that you have to complete the AoS but this is best done in-line by using your Government Gateway account and the log-in and password that came with the claim form. You are advised now to read the 17 pre-written defence examples in the NEWBIE post # 2 to see if you can find one that fits your circumstances. If you were visiting a resident, do they have visitor passes (permits)? Could the person you were visiting have complained to the flats management committee on your behalf. Since you have ignored all letters before the claim form you have lost the right to appeal to the PPC but possibly a stern letter from a resident might do some good.

beamerguy

HE CLAIMANT CLAIMS £100 for the PCN, £60 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £8.11 pursuant to s69 of the County Court Act 1984 at 8.00% per annum, continuing at £0.4 per day.’
Value of the claim - £243.11

The same old rubbish from Gladstones
£60 contractual costs pursuant to the Contract and PCN terms and conditions

ABUSE OF PROCESS ....... THIS TIME GLADSTONES
READ THIS
https://forums.moneysavingexpert.com/discussion/comment/75929156#Comment_75929156

You will see that a Judge struck out a case from BWLegal for abuse of process and his reason was ......

"The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4

Doris40

Thank you.
Yes, I am reading all 17 defences and shortlisted couple only looking for gaps/changes as there isn't one matching my case.
I was planning on sending AoS via post. Do you advise against it?
I will have a letter from a friend that I have visited confirming that i was there but that is as much as we can provide as there is no visitor passes for premises.
Thanks again

KeithP

Doris40 wrote: »

I received a claim form from County Court Business Centre, Northampton...
Date of issue – 07/10/2019
(Deadlines - 21th October for AOS & 4th October for Defence)

You have more time than you think.


With a Claim Issue Date of 7th October, you have until Monday 28th October 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 11th November 2019 to file your Defence.

That's nearly four 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.