HELP WITH MY DEFENCE : GLADSTONES COUNTY COURT CLAIM

DebtHurricane

Deleted (see below thread)

Umkomaas

Why not use the latest template defence produced by Coupon-mad. It aims to get the case thrown out before it gets to a hearing?

https://forums.moneysavingexpert.com/discussion/comment/76880595#Comment_76880595

Le_Kirk

Umkomaas said:

Why not use the latest template defence produced by Coupon-mad. It aims to get the case thrown out before it gets to a hearing?

https://forums.moneysavingexpert.com/discussion/comment/76880595#Comment_76880595

Good idea but if you don't decide to take Umkomaas's advice, you need to tidy up your opening three paragraphs as they are repetitive and confusing.

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.

KeithP

What is the Issue Date on your County Court Claim Form?

On what date did you file an Acknowledgment of Service?
Your MCOL claim history has the definitive answer to that question.

beamerguy

Umkomaas is 100% right ...........   you are playing a game with a scammer.   Whoever thought we would call a solicitor a scammer ?   Gladstones have proven that's just what they are and you must complain to the SRA as they make the SRA  look like the protectors of scammers

Very sad that a so called professional body like the SRA don't want to kick Gladstones into the long grass for scamming the public
 

DebtHurricane

Thanks for your replies everyone. You're all right- my first draft was waffling.

Issue date: 09/Mar/20
AOS filed online: 21/Mar/20

I've used CouponMad's template and would appreciate any help with what else I can add to my 16/17th paragraphs. 

16.  The Defendant was the driver of this vehicle. It is not accepted that the location included prominent signs giving ‘adequate notice’ of the onerous parking charge. A compliant Notice to Keeper (‘NTK’) was not properly served in strict accordance with section 8 or 9 (as the case may be) of the POFA.

17.  The Defendant was a resident of the ********** Estate and had a valid resident parking permit clearly displayed in the vehicle. The Claimant issued the alleged parking ticket stating: ‘no parking outside of a marked bay’. The estate has no painted or signposted parking bays.  There is no way to distinguish what a ‘marked bay’ should be as there are no physical markings. The Defendant avers that as there are no clear marked bays, it is impossible for the alleged contravention to have occurred. Photographs:  Appendix D.

(I HAVE PHOTOS showing that there aren't actually any marked bays at all in the estate, its really confusing to know where to park) Would I attach these photos the same as the other appendices? or simply state I have the photos as above?

This all makes me so nervous. I suffer with anxiety so I appreciate all your help.

KeithP

A compliant Notice to Keeper (‘NTK’) was not properly served in strict accordance with section 8 or 9 (as the case may be) of the POFA.

So which is it? Paragraph 8, or paragraph 9?

If a Notice to Driver was issued, then paragraph 8 is applicable. If no Notice to Driver was issued then paragraph 9 applies.

KeithP

DebtHurricane said:

Issue date: 09/Mar/20
AOS filed online: 21/Mar/20

With a Claim Issue Date of 9th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 14th April 2020 to file your Defence.

That's over two weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To file a Defence, follow the guidance in this post:

https://forums.moneysavingexpert.com/discussion/comment/76880595#Comment_76880595

As you've seen, guidance on creating a Defence is also in that thread - in the first post on that thread.

Don't miss the deadline for filing a Defence.

DebtHurricane

Cant for the life of me remember if I got a proper NOTICE TO KEEPER. I am pretty confident I didn't get one. Ill go with that.

In terms of the rest of what I have said- is that all ok? I've read all the posts about filing a defence but with my case its pretty simple- there aren't any bays which are marked so there's not much more to say?!

beamerguy

As long as you remember that you are dealing with A scammer, they being Gladstones. Easily beaten for their stupid claims which include fake amounts.   What sort of idiot goes to court expecting a spanking ... 
YOU GOT IT ......... GLADSTONES