Gladstones taking me to court for UK CPM

Yettym

Hello guys, 

Thank you for all the wonderful job you guys are doing, I must say I am well impressed by the amount of cases you guys have dealt with so far. 

I received a county court claim form last week from Gladstone solicitors in regards to a parking ticket from from PCM last year June . I was ordered to pay £270 or defend it in court. I am not sure if I should defend this claim or just pay them. Unfortunately I misplaced the first page of the letter however I emailed them to resend it but no response yet. I called them today, the lady I spoke with said they can’t resend it to me. I request for the breakdown of the claim be send to me but she said she can only explain verbally what it’s for but can’t send it to me via email.

Could you please advise.

Background: this parking ticket (one of many)was issued to me in June 2020. I ignored as advised by my friend saying they can’t take me to court.

When I moved into the flat in 2018, according to my contract the car park was not controlled ,a year later I was sent a permit by the estate management (not my landlord/estate agent)saying the car park is now controlled by PCM. I displayed the permit. 

In June 2020, a ticket was issued to me , it was during COVID period. I have two extremely vulnerable children and was told to shield, so I don’t use the car for a long time.I think the permit must have fallen off from where I placed it. I dispute this ticket by writing them and sending photos of the permit but they insist I have to pay because it wasn’t displayed at the time. So I ignored them. There was series of debt collectors letter, which I also ignored, until now they are claiming £270.

Few months later they claimed the permit have expired ( no expiry date on the permit itself)and I called the estate management severally (I should have email but they didn’t provide one)to send a new one of which they didn’t so PCM continue to send me tickets which I ignored following by friends advise.

My worry now is 

1. Can I win this case if I defend it ? my defence  being my rent contract, also my appeal where they admitted I have always have permit but not on this occasion because I didn’t display it.(I have the letter). unfortunately I don’t have the permit it self anymore but I have the picture on my phone (misplaced it when I moved house).
2. If I pay them now , will they not bring up the other tickets 
   

As per my address, they send the claim and all other correspondence to my old address although my car is still registered at the address and my sister lives there and I don’t want to change it because I am currently living in a temporary accommodation.

Please help me get out of this .

Thank you .

PS: Excuse my use of English……English is not my first language.

Thanks again 

KeithP

Do you still have the County Court Claim Form?

If so, please tell us the Issue Date on it.

Yettym

Thank you Keithp the letter stated 8/09/21 but unfortunately I have misplaced the first page 

KeithP

OK, I'm not talking about any letter.

Do you have a County Court Claim Form?

If so, what is in this box?...

Yettym

Yes , the claim form was dated 8/09/21 , but I misplaced  this very page(first page) , I have the claim no and all 

KeithP

Yettym said:

Yes , the claim form was dated 8/09/21

With a Claim Issue Date of 8th September, you have until Monday 27th September to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Monday 11th October 2021 to file your Defence.

That's a little 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Redx

1) if you don't defend it , they will win by default

Defending the claim may win , but even a loss in court will cost you say £200 for one PCN , much less than they are claiming ( how much was the total claimed and for how many PCNs ? )

2) look at cause of action estoppel , and Henderson Vs Henderson , to see how you can object to further court claims for historical PCN s

Email a SAR to the DPO at the parking company and attach copies of 2 recent redacted utility bills as proof of I D under the GDPR law to obtain all your data , asap , include a request for a copy of the claim form too

See the newbies FAQ sticky thread near the top of the forum in announcements for further advice , information and explanations etc

Yettym

Thank you Keithp, will do as advised. But one question please. Do you think I have a case? 

Redx

Yettym said:

Thank you Keithp, will do as advised. But one question please. Do you think I have a case? 

We cannot comment on legal advice , only give opinions , and Court is a lottery !

Without all the facts from both sides , nobody can assess your case , too many variables ! We haven't seen

The landowner authority or contract

The signage

The claim form

The PCN NTK letters

Your lease or tenancy agreement

Etc

Yettym

thank you Redx , I lost count of the number of tickets, they are claiming £270 for one of the tickets (the one I appeal). I will check out the court of action estoppel. What is SAR and where can I find the email address for the  DPO at PCN. Thank you 

Redx

You need to know how many PCN s are on the claim form in the POC and the total amount being claimed too ( shame you misplaced the claim form so quickly , find it )

Your other questions are explained in the newbies FAQ sticky thread I asked you to read , a shame that you have ignored that advice

Try the parking company privacy page for DPO contact details at PCM UK ( not PCN ) , same as every company has to have under GDPR