UKCPM & Gladstones - County Court Defence

kimaru

Ticket Reason: Not Displaying a Valid Permit
Claimant & Solicitors: UK CPM & Gladstones

I've submitted the AOS. I think it's too late for a SAR now unfortunately as they won't get back in time for submitting my defence.

Current Defence:
1. - The claimant has stated that under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012, they have the right to recover the unpaid amount from the keeper of the vehicle. However, the claimant has failed to comply with the Protection of Freedoms Act 2012.

Under the conditions that have to be met for the right to claim unpaid parking charges from the keeper of the vehicle (Paragraph 4), Paragraph 7(2)(f) states that the notice to the keeper must 'specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates.' The claimant has failed to specify the period of parking. The PCN states a time of 12:04, which is not a period of time.

2. - The photographic evidence provided does not show the vehicle clearly 'Not displaying a valid permit.' The two photos are taken from a distance, behind the vehicle.

3. - The photographic evidence provided shows the vehicle situated in an area with no clear marked bays; therefore, it has not been made clear and obvious where the claimant constitutes where drivers are made liable for parking charges.

If these defences are good, I'll be adding them to Coupon-mad's excellent defence template.

Any critiques, other defence ideas or feedback?

Thanks!

KeithP

Hello and welcome.

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

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

kimaru

KeithP said:

Hello and welcome.

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

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Hi Kieth, thanks for your reply.

Issue date is 10th of May.
Acknowledgment of service was submitted on 12/05/2021
Acknowledgment of service was received on 13/05/2021

Should I be careful noting specifics to my case on these forums, such as the above?

KeithP

kimaru said:

KeithP said:

Hello and welcome.

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

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Issue date is 10th of May.
Acknowledgment of service was submitted on 12/05/2021
Acknowledgment of service was received on 13/05/2021

With a Claim Issue Date of 10th May, and having filed an Acknowledgment of Service on 13th May, you have until 4pm on Thursday 10th June 2021 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.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

beamerguy

GLADSTONES ?    Probably the most incompetent legal in the UK

They either discontinue or fail to turn up in court.  UKCPM knows this, must cost them a lot of money through incompetence.  It's like the blind following the blind ?

You will see here what happens to Gladstones in court when they add fakery to their claim ... and UKCPM still use them ....... got to be a joke ? ... or stupidity

https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2

kimaru

KeithP said:

kimaru said:

KeithP said:

Hello and welcome.

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

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Issue date is 10th of May.
Acknowledgment of service was submitted on 12/05/2021
Acknowledgment of service was received on 13/05/2021

With a Claim Issue Date of 10th May, and having filed an Acknowledgment of Service on 13th May, you have until 4pm on Thursday 10th June 2021 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.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Great, thanks for this clarification Keith.

kimaru

beamerguy said:

GLADSTONES ?    Probably the most incompetent legal in the UK

They either discontinue or fail to turn up in court.  UKCPM knows this, must cost them a lot of money through incompetence.  It's like the blind following the blind ?

You will see here what happens to Gladstones in court when they add fakery to their claim ... and UKCPM still use them ....... got to be a joke ? ... or stupidity

https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2

That's great to hear. I'm sure gladstones know the situation and have some kind of unethical arrangement with UKCPM.
If I add those 3 defences to the template, am I good to submit my defence? Otherwise, any feedback?

D_P_Dance

If you think that Gladstones have acted inappropriately complain here

https://www.sra.org.uk/

Have you complained to your MP?

kimaru

D_P_Dance said:

If you think that Gladstones have acted inappropriately complain here

------------------------------

Have you complained to your MP?

I haven't no, how much impact would that have on the case?
Also, any critiques or advice on my defence?

D_P_Dance

I haven't no, how much impact would that have on the case?

That would depend on how eager your MP is to help you.  My own MP is a cabinet minister, when I complained  about an incompetent judge he passed the complaint to the MOJ and the matter was speedily concluded to my satisfaction.  Sorry, I do not read defences.

kimaru

D_P_Dance said:

I haven't no, how much impact would that have on the case?

That would depend on how eager your MP is to help you.  My own MP is a cabinet minister, when I complained  about an incompetent judge he passed the complaint to the MOJ and the matter was speedily concluded to my satisfaction.  Sorry, I do not read defences.

Sounds like you have a great MP, hopefully I won't need to go down that route.
Do you know any forum members who could advise on my defence?