County Court Claim Form Gladstones/UKCPM

brentmeister2k

Hi there,

I have received a County Court Business Centre Claim Form with claimant UK CPM and solicitor Gladstones.

Paperwork was actually sent to my old address but Royal Mail redirect service I signed up for has meant it's found it's way to my new address.

The claim is for circa £250. Original PCN was £100.

Completely green on how to defend this but I understand that there is a way.

The alleged offence was a genuine mistake resulting from a confusing tariff with 2 free hours that I did not exceed and a machine that wasn't operating correctly.

If you need more detail please let me know.

Appreciate any guidance you can provide. If there are articles on here I can read please let me know, bit overwhelmed at present and have liited tme to reply as having received this notice through redirect it's already a week old and so have limited time.

Ralph-y

hi, and welcome to the forum ........

there will be plenty for you to read up on ...

go to the newbies thread

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou

the guide to court action is found post #2


that should be all you need .... but any questions please ask ...



what is your issue date ?


other useful info



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what is the court like ...
Have a look at this short video:

https://www.youtube.com/watch?v=n93eoaxhzpU


Oh ... and using a phone to browse the site can cause problems.. so please try a laptop/PC

Ralph:cool:

The_Deep

The claim is for circa £250. Original PCN was £100.

This is an abuse of process and some judges are throeing these out without a hearing, read this,

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, it can cause the scammer extra costs and work.

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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]

beamerguy

As said, read the newbies thread please

Part of the £250 will be an unknown £60 .... yes ?

That is Gladstones scamming you with a fake amount that the courts do not allow

GLADSTONES ARE ATTEMPTING ABUSE OF PROCESS

Read about Abuse of Process here

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

brentmeister2k

Thank you will have a good read through the forum and yes £60 is down as contractual costs.

Issue date is 12th November, so not long to go.

Redx

Complete the AOS online , after reading the newbies faq sticky thread post 2 , near the top of the forum , where there is a simple guide

Do not look at or fill in the Defence box , you will be emailing this later

Email a SAR to the DPO at the PPC claimant , attaching a copy of the claim form plus a copy of the V5C too , as your proof of I D under the GDPR law

beamerguy

brentmeister2k wrote: »

Thank you will have a good read through the forum and yes £60 is down as contractual costs.

Issue date is 12th November, so not long to go.

Contractual costs ?????? THAT IS A FAKE SCAM

WITHIN YOUR DEFENCE, you will use ABUSE OF PROCESS as shown in ...
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

Then, post # 14 by coupon-mad, copy that text. The judge must see that in your case Gladstones are adding a fake amount.

It's all ready for you to copy

brentmeister2k

Thanks for the responses, just want to claify a couple of points from the replies as not quite up to speed with the terms:
Redx - Whats the AOR?

Also DPO?

regarding sending in a copy of the V5C - I'm not sure we have this as the car was sold some time ago. Is there anything else that can be used?

bearmeguy - you mention in my defence, I understand I'm not to file this just yet though, is that right?

KeithP

brentmeister2k wrote: »

Issue date is 12th November.

With a Claim Issue Date of 12th November, you have until Monday 2nd December to do the Acknowledgment 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 December 2019 to file your Defence.

That's 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. No need to do anything on MCOL, but do check it 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 trying to keep you under pressure. Just file it.
   
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.

Coupon-mad

Acronyms are in post #5 of the NEWBIES thread.

You should send a redacted utility bill and copy of the claim form as proof that the person asking for the SAR is the right data subject.

brentmeister2k

Update, I've done the aknowledgement and also the SAR as suggested in the guidance thread, I've also written to Gladstones requesting they stop processing any data and put the case on hold.

As I understand it, my next step is to put together a defence and post here for fine tuning/feedback.

This part I'm struggling with and having read some of the defences I am a little concerned about how exactly I can defend my case.

Couple of additional facts that I think may be relevant:

I have none of the correspondence from UKPCM/Gladstones or any one else, only the court claim form. I don't even know the PCN number.

I think that in my very first email appeal to UKPCM after receiving the PCN I identified myself as the driver. I was not and have never been the car owner.

The basis of my appeal was an unclear sign, there were 2 hours free parking and I genuinely didn't realise that I needed to still obtain a pay and dispaly ticket from the machine.

Please let me know if I have a reasonable chance at defending this claim given this info.

I'm hoping that if the SAR works and I get all the documentation then it may throw up some more grounds to base my claim, however due to timings I'm not sure if it will be received in time. It was filed today so until 20th December to wait for this. Claim form is dated 11th Nov so 33 days means defence needs to be filed by 14th November I believe.

Any thoughts or suggested defences given this position?