County Court Claim

Staatsgrenze

Gladstones Solicitors have sent me a County Court Claim Form dated 6th Jan 2020. Which gives me 7 days on Monday 13th Jan 2020 to respond. I have registered with MCOL and go-ing on the advice from various posts I’d like to defend my case if in fact its worthwhile in this instance. At this stage I intend to respond with Acknowledgement of Service giving me 28 days to draft and return my defence.
This all stems from a 'failure to display a valid parking ticket' at my place of employment on 23rd Feb 2018. I had actually purchased a rub off ticket for that day at a cost of 50p although I did rub off the March month in error instead of the Feb the date of the 23rd was correct..I did actually purchase a ticket for the day in question –although it’s irrelevant from their POV.
I presented this minor error to One Parking at the time but it was rejected. which was probably an automated response.
I ignored threatening letters from One Parking Solution LTD and heard nothing from them after approx June 2018. Then of course Gladstones get involved sending me unsigned letters in Nov 2019 which I duly ignored. As expected they issued a County Court Claim against me this week with the added fees, this being Court fee £25 and Legal Rep costs £60.
• So, I would like some advice on what the strength of my defence actually has if any and
how I should structure my written defence .
• Also what would I expect after I send my defence? Will I be expected to attend court or is
the defence decided upon by them independently?
• Would I incur any added costs if my defence is rejected?

Any advice warmly appreciated.
Thanks in advance.

Redx

Your questions are answered in the newbies faq sticky thread near the top of the forum , in post #2

If you lost in court then you would object to the fake additional costs meaning it should be less , not more , read the threads by CEC16 and basher52 and the abuse of process thread by beamerguy

Do the AOS online , email a SAR to OPS , then start drafting your defence based on all the other OPS threads posted on here recently, post your proposed draft below

The claimant is OPS , not Gladstone's , the form was issued by the CCBC in Northampton

KeithP

Staatsgrenze wrote: »

Gladstones Solicitors have sent me a County Court Claim Form dated 6th Jan 2020.

With a Claim Issue Date of 6th January, you have until Monday 27th January to file an Acknowledgment of Service. If possible, do not file an AoS before 12th January, but otherwise there is nothing to be gained by delaying it. To file an 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 filed an AoS, you have until 4pm on Monday 10th February 2020 to file your Defence.

That's over 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.

Having filed your Defence, your work is not yet complete.

1. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
2. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet, and then complete it as described by bargepole in his 'what happens when' post.
3. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
4. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

Coupon-mad

As it is One Parking Solution, is this is Sussex and if so, the usual offer applies:

https://forums.moneysavingexpert.com/discussion/comment/76698503#Comment_76698503

Even if you are not in Sussex, the first 3 paragraphs of that link still help you.

And BTW, OPS lose every case we see and go to watch, where the D turns up!

Staatsgrenze

Hi Coupon Mad.
Yes the car park in question is in West Sussex. In which section of the link are the 3 paragraphs you are referring to?
Would the land owner being my employer actually be worth anything in my defence?
Thanks.

Le_Kirk

I would suggest post # 14 of that thread that was linked, go and search for the basher52 thread then go and read the defence. Just hit community at the top of the forum page, members, search members and input basher52. Note it is case sensitive.

Coupon-mad

Staatsgrenze wrote: »

Hi Coupon Mad.
Yes the car park in question is in West Sussex. In which section of the link are the 3 paragraphs you are referring to?

The one it lands on, if you let it settle on the post I linked (NOT THREAD). Do not click on it before it settles on the POST I linked you to read.

I will add you to my allowed private messages list, an can help you in person if you like, if I a free and if your local court is Worthing?

Staatsgrenze

Hi Coupon.
Thanks for the PM privilege.
I Sent a SAR to One Parking requesting all documents they hold on me and used the cert of posting. Should I send one to Gladstones requesting the same?
I have pics of the parking signs but can't see how to load them here!
My AoS has been acknowledged via the Money Claim.Gov. on 13/1/20.
My defence so far is looking like this;

1. A ticket was indeed purchased and displayed on 23/2/18. As a consequence no party was financially disadvantaged.
2. Should I contest the additional charges that being £25 AND £60 as Abuse of Service?
3. Should I say something about the car park being private land and the NPC is an invoice and not a fine?

How should I strengthen my defence?
Thanks.

Redx

no need for a SAR to gladrags, just the OPS one which you have already done

use imgur and add a dead URL link, not a live one (you cannot load them onto MSE, its not a file hosting site)

your defence should be looking more like the one by coupon mad in the basher52 thread

your defence is based on the following

NO LANDOWNER AUTHORITY (obviously its private land)
POOR & INADEQUATE SIGNAGE
Address the POC by rebutting it

its ABUSE OF PROCESS , not SERVICE, covered in that basher52 thread by coupon mad

you strengthen it by adapting the basher52 defence, thats how

Staatsgrenze

Woops Process yes!

Thanks I'll take another look at Basher52's defence now I have some focused points. The fact a ticket was purchased with the correct date on the 23rd -should I keep this as a fact but not allude to the incorrect month?
I will say the signage is quite numerous around the car park. But yes the wording could be seen as unclear regarding 'contractual' agreements etc.

Staatsgrenze

The parking notice referring to contractual agreement states; 'By parking or remaining on this site other than in accordance with the above you the driver are agreeing to the following contractual terms. You agree to pay a PCN in the sum of £80 to be paid within 28 days of issue this is reduced to £40 if aid within 14 days of issue.'