CPM UK - County Court Claim - Gladstones - Help Please!

StuartM1985

Hi all,

I have maybe foolishly been ignoring the multiple letters on this for a couple of years, however I have now received a claim form from the County Court.

Claimant: UK Car Park Management Ltd 
Claimant Solicitor: Gladstones 
Issue Date: 4th August 2021 (Acknowledged service today - 19th August 2021)

Particulars:

The driver of the vehicle with the registration XXXX XXX (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at XXX XXXXX XXXXX on XX/XX/2019 thus incurring the parking charge (the 'PCN').  The PCN was not paid within 28 days of issue.  The Claimant claims the unpaid PCN from the Defendant as the driver/keeper of the vehicle.  Despite demands being made, the Defendant has failed to settle their outstanding liability.  The claimant claims £100 for the PCN, £60 contractual costs pursuant to the contract and the PCN terms and conditions, together with statutory interest of £29.41 pursuant to s69 of the county courts act 1984 at 8.00% per annum, continuing at £0.04 per day.


This vehicle was a pool car at a company I previously worked for (2008-2019).  I was working for the company when the alleged parking offence was committed. 

I was not the driver when the parking notice was issued.

I have not been in contact with my previous employer about this.

I would like to defend on the basis that I was not the keeper or the driver.

There were no records kept of who drove this vehicle by my ex-employer.


I have Acknowledged service today - 19th August 2021.  When using the defense template, do I have to include all of the points (4-16) regarding unfair charges / landowner consent etc. as this doesn't seem relevant as I was not driving?



Thank you for your time reading this,

Stuart 

Redx

Yes , include everything , only adapt paragraphs 2 and 3 and post your proposed draft below , omitting every unchanged paragraph , only your homework needs to be checked , everything else stays the same

StuartM1985

Thank you Redx,

My very brief response is below;  Would you recommend sending a SAR request to Gladstones?

The facts as known to the Defendant:

2.       It is denied that the Defendant was the registered keeper or the driver of the vehicle in question.  Liability is denied. 

 

3.  The Vehicle, which according to the claimant breached the terms of parking, was not in my possession or control at the time of the alleged breach.  This vehicle was a ‘pool car’ of my previous employer where there were multiple users during the period of the lease.

Thank you 

Redx

I doubt that Gladstone's will have anything useful , so it's not a strategy that we recommend on here , only a SAR to the DPO at the correct PPC , so UK CPM !!

StuartM1985

Thank you Redx, 

Shall I go ahead and send defence off to them?

Castle

StuartM1985 said:

Thank you Redx,

My very brief response is below;  Would you recommend sending a SAR request to Gladstones?

The facts as known to the Defendant:

2.       It is denied that the Defendant was the registered keeper or the driver of the vehicle in question.  Liability is denied. 

 

3.  The Vehicle, which according to the claimant breached the terms of parking, was not in my possession or control at the time of the alleged breach.  This vehicle was a ‘pool car’ of my previous employer where there were multiple users during the period of the lease.

Thank you 

Registered Keeper is not the same as "Keeper".

Redx

StuartM1985 said:

Thank you Redx, 

Shall I go ahead and send defence off to them?

No , your deadline is around the 5th September , 33 days after the issue date

Remove the word registered

Le_Kirk

Defences are written in the third person, so remove "my" and rewrite.  Possibly "was not in possession or control of the defendant."

KeithP

StuartM1985 said:

I have maybe foolishly been ignoring the multiple letters on this for a couple of years, however I have now received a claim form from the County Court.

Claimant: UK Car Park Management Ltd 
Claimant Solicitor: Gladstones 
Issue Date: 4th August 2021 (Acknowledged service today - 19th August 2021)

With a Claim Issue Date of 4th August, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 6th September 2021 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 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.

D_P_Dance

The contractual charges are almost certainky unlawful, read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

StuartM1985

Thank you all,

It is much appreciated