Private parking ticket gone to court - Help Needed!

hilly2020

Hi,
I would really appreciate anyones help in my court case, it has already been adjourned once, so ill do my best to explain and hopefully be better prepared the second time around.

I received a Claim Form from the County Court about 6 months ago for a ticket i received in December 2018, which was outside my work premises at the time.

The Claimant is Parking Control Management (UK) Ltd with Gladstones acting as their representatives.

I have spent a number of hours going through the forum for guidance and advice to this correspondence which has been very helpful.

I parked up briefly outside my work unit, I was unloading and must of been 10 minutes max. When I got back to my car I had a ticket.

I responded with my first letter refusing to pay, I then remembered I had paid for a parking permit (but wasn't displayed) and sent them a second letter explaining I had a permit but never responded, so I thought it was finished.

Roughly a couple of months later I got another ticket in the same place and proceeded with the letters refusing to pay, but this time my permit had expired, but this time there was a van blocking the sign and I found it very misleading.

I then received a Court judgement with there own reference on it, different to the PCN, so I assumed it was for the second parking ticket and took my evidence to court. 

It was for my first ticket but in their defence report they mentioned the van blocking the sign which is nothing to do with the first ticket. This was confusing for the judge and myself and as I didn't present the correct case in court it got adjourned. 

Because of corona virus this been put back but I want to make sure I give a good representation of myself the second time around in Court.

Any advice on how best to construct a defence given the circumstance would be helpful?

Kind regards

Hilly

Le_Kirk

Why did you attend court the first time?  Was it for a set-aside or your original case with defence and witness statement?  Has the judge (when he adjourned it) given you time and directions - did he/she say you must file and serve an amended defence?

hilly2020

Le_Kirk said:

Why did you attend court the first time?  Was it for a set-aside or your original case with defence and witness statement?  Has the judge (when he adjourned it) given you time and directions - did he/she say you must file and serve an amended defence?

Yea she advised me to get help with my defence and witness statement. Because it was my first time in court and didn't really know what to expect my defence statement was a joke, even though it was for a different ticket, that's why it was adjourned. (im assuming) 
She also let me photocopy their witness and defence statement because they never posted me it.

Le_Kirk

hilly2020 said:

Le_Kirk said:

Why did you attend court the first time?  Was it for a set-aside or your original case with defence and witness statement?  Has the judge (when he adjourned it) given you time and directions - did he/she say you must file and serve an amended defence?

Yea she advised me to get help with my defence and witness statement. Because it was my first time in court and didn't really know what to expect my defence statement was a joke, even though it was for a different ticket, that's why it was adjourned. (im assuming) 
She also let me photocopy their witness and defence statement because they never posted me it.

Who is their?  Why would you get a copy of someone else's defence?  How many cases do you now have to defend?  How much time do you have to write your defence?  Do you have to submit a witness statement at the same time?  What will be the thrust of your defence?  Have you read the NEWBIE sticky and seen the several defence examples in the second post?  Did the claimant or their solicitor add a spurious £60 as debt/admin/contractual costs?  If so you can use the standard defence template to be found on the first page of the forum.

hilly2020

They are: Parking Control Management (UK) Ltd with Gladstones acting as their representatives. 
I got a copy of the claimants witness statement.
I have 1 case to defend.
My thrust is: their witness statement is for a separate ticket and not the ticket in question. Also I had a parking permit at the time of the ticket.
Yes they added the extra fees. 
I have read a few posts and find them helpful. I had started writing my defence using templates but wanted to make sure i'm saying the right things, hence the reason for a new post.

Redx

until you post a dfraft defence, nobody will comment, the background info is helpful but you must post the draft, nobody here will do it for you, but you will get feedback on it once posted

nosferatu1001

This is confusing, and you didnt answer all the questions put to you. 
Despite them knowing this claim is for PCN ref XXXX and not YYYY, they havent been ordered to submit a new WS? 

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 in some cases, cancellation.

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,

Just as the clampers were finally closed down, so hopefully will many 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.

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.

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

Le_Kirk

hilly2020 said:

They are: Parking Control Management (UK) Ltd with Gladstones acting as their representatives. 
I got a copy of the claimants witness statement.
I have 1 case to defend.
My thrust is: their witness statement is for a separate ticket and not the ticket in question. Also I had a parking permit at the time of the ticket.
Yes they added the extra fees. 
I have read a few posts and find them helpful. I had started writing my defence using templates but wanted to make sure i'm saying the right things, hence the reason for a new post.

If they added extra costs then the defence template you want is here: -
https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1
By when do you have to submit your defence?  Do you have to submit your WS at the same time?  Have you a date for the new hearing?

hilly2020

nosferatu1001 said:

This is confusing, and you didnt answer all the questions put to you. 
Despite them knowing this claim is for PCN ref XXXX and not YYYY, they havent been ordered to submit a new WS? 

Because the judge wasn't aware of it at the time, it was really confusing because I was in court about a different ticket.
So the judge adjourned it and gave me advise to get help with my WS before coming back to court.

Coupon-mad

I then received a Court judgement 

Did you mean Court Claim?  Not a judgment.

Who is wrong, you or them as regards which ticket the claim is about? 

Following the hearing, what does the Judge's Order (that will have been posted, or will soon be posted) tell you to do, and by when (exact words or a scan of it, please)?