Gladstones/pcm claim form

beamerguy

Amount claimed 333.69

How do they break that down ... it's important

KeithP

Hoopy70 wrote: »

Issue date is 7 Oct 2019

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 over 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.

Hoopy70

100 per pcn, 60 per pcn contractual costs pursuant to contract and pcn terms and conditions, statutory interest of 16.39 pursuant to s69 of county courts act at 8% per annum continuing at £0.07 per day

Is this it?

Le_Kirk

60 per pcn contractual cost

They cannot claim that, it is an abuse of process. Normally I would tell posters to search for a thread by beamerguy but for you HERE is a link to the thread and HERE is a link to post # 14 of that thread.

beamerguy

Hoopy70 wrote: »

100 per pcn, 60 per pcn contractual costs pursuant to contract and pcn terms and conditions, statutory interest of 16.39 pursuant to s69 of county courts act at 8% per annum continuing at £0.07 per day

Is this it?

YES, meaning Gladstones are scamming you. A PCN is a parking charge notice which is the ticket placed on the car or sent by post. A contract is formed by the signs in the car park. A PCN is a notice sent after the event and cannot form a contract.

However, their can be no contractual charge because POFA2012 states that the MAXIMUM they can charge is the amount of £100 as per the parking sign
The Beavis case in the Supreme court stated ..
198. ''...The charge has to be and is set at a level which enables the managers to recover the costs of operating the scheme...''

Such costs will include the made up "contractual charge"

BUT, the IPC code of practice says "their maybe an opportunity for extra charges up to £60"

The code of practice only applies to the parking operator and is not applicable to the motorist as the motorist has never agreed to being bound by the code of practice. IE: What they claim is contractual costs ????

The motorist does not form a contract with the code of practice

The IPC code of practice encourages it's members to circumvent the law of POFA2012 and to circumvent the ruling of the Supreme Court

This is a mirror image of Wonga who the government clamped down on and then WONGA went bust after paying out huge sums in compensation

GLADSTONES PRACTICE ABUSE OF PROCESS
Take your time reading this which will form a major part of your defence
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

You have a valid permit which you will show a judge

READ THIS AS WELL >>>> RESIDENTIAL
https://parking-prankster.blogspot.com/search?q=RESIDENTIAL

Hoopy70

Ok thank you so much. Internet issues today and travelling tomorrow so I will deal with it all tomorrow evening. Thank you again for your help

Hoopy70

Everything went poop shaped, git a phone call to say 83 year old father in law who we were going to see was ill, in the rush letter got left behind and we didn't realise until 2 hours on the road and stuck in traffic. Got back late last night and remembered the damn thing. Have rung the court and they are allowing us to bung a defence in online tonight. So I have to come up with one quickly.

My defence of claim no xxxx is that I have a valid permit for the vehicle xxxx to park outside the house I rent. I had to apply online for it so it should be registered with pcm that I have one. It came unstuck from the windscreen after leaving the vehicle for the night and fell onto the dashboard sometime during the night. For this I received a penalty notice through the post. Checking the permit is on the windscreen everytime I leave the vehicle unfortunately it came off again a couple of nights later and again I received another fine. I appealed these on the basis that my permit is valid and if they had looked closer at the vehicle it would have been seen. The appeal was refused as they say it wasn't attached to the windscreen. Are us residents expected to go and check every 30 minutes all night that our permits have remained on the windscreen? The fines were received at 2am and 4am which at that time only residents are going to be parked there so the deterrent to non residents isn't really valid at that time and it would appear that they are targeting the residents. The parking scheme was introduced as a way to prevent non residents from parking and we had no say in it. Now we are being targeted.

Is this OK or have i completely stuffed it. I haven't sent anythingbyet

KeithP

Hoopy70 wrote: »

Have rung the court and they are allowing us to bung a defence in online tonight. So I have to come up with one quickly.

I don't understand this. What has gone wrong?

If you haven't yet done the Acknowledgment of Service, then that is all that needs to be done tonight - do that now!!
That buys you an extra fourteen days to work on your Defence.
Re-read the first paragraph of post #13 to see how to do that.

On 19th October, just over a week ago, I wrote...

Having done the AoS, you have until 4pm on Monday 11th November 2019 to file your Defence.

Hoopy70

Ok i have done the acknowledgement. Thank you.
Paperwork I was doing as soon as I got there, got left behind in the flurry of rounding up kids and panicking to get across country to father in law. As he was ill we stayed longer than had intended. Hence its all gone wrong. So the acknowledgement means I get longer? Thank you so much

KeithP

Hoopy70 wrote: »

Ok i have done the acknowledgement.

So the acknowledgement means I get longer?

As I said earlier...

Having done the AoS, you have until 4pm on Monday 11th November 2019 to file your Defence.

But don't now sit back.

Press on with creating that winning Defence - you have two weeks to do that.

Do it now - in case you again have to unexpectedly dash across the country.