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Claim by Gladstone Solicitors - UK CPM - Defence written (advice appreciated)

mrsdriver1
mrsdriver1 Posts: 17 Forumite
Third Anniversary 10 Posts Name Dropper
Hello,

In brief, I have received a PCN by UK CPM just over 1 year ago and since then have received multiple debt collector company letters and lastly including Gladstone Solicitor letters. As it is a private parking firm, I ignored them at my best until recently I received a County Court letter stating Gladstone is claiming against me for a PCN given by UK CPM on my windscreen.

Date of PCN: 06/20
County Court Letter: 08/21

Initial PCN was at £100 now after being sent to court is around £270.

The PCN was given as I "parked" into a private bay belonging to a residential area that I have been parking for 19 years probably longer than UK CPM has been around. The issue with this is for many years I have not noticed that the location I park at belongs to the residential flats, nor, have I seen a marked bay or an indication inside or in front of the bay stating that it belongs to UK CPM (there is a vague small sign on the residential flat which is about 1-2 meters away from the bay that has green bushes around the pavement. I did not assume it was related to this specific bay I rather assumed it stated that this residential flat has a private parking space inside, as the area has their own flat parking in between the buildings anyway). In addition to this, coincidentally that specific day my car had electrical dashboard faults which caused me to keep the car there (this isn't related to the PCN, as I would have parked there regardless) later to get towed.

When I received the PCN I had sent in an appeal to UK CPM stating I had been parking there for nearly 2 decades and that my car was not moveable, however, it was rejected then the bombardment of debt collecting letters came with an additional few Gladstone Solicitor letters and finally they have taken me to County Court.

I have never been taken to court for such matters, as it is my first I wasn't sure on how to handle it so I am here asking for some advice. I have seen the sticky threads with templates for PCN appeals/Court Defences. I would like to know if I can use the suggested template defence for my specific case above and I also have filed for an AoS. I am sadly on holiday and have to rely on a family friend to visit my house every few days to see if any further letters have arrived. I roughly have just over a week to send my defence into MCOL.

Just to add I have never seen a single PCN in my 19 years of parking in that location besides mine. Also, I have checked via Google images to see the parking sign that it includes no bay related statements I am not sure if this relates to my situation but I parked into a 2 car bay.

Any advice/help is appreciated. Thanks in advance.

Kind Regards
«13

Comments

  • KeithP
    KeithP Posts: 41,278 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 27 September 2021 at 4:50PM
    Hello and welcome.

    It looks like you may have received a County Court Claim Form.

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

    Upon what date did you file an Acknowledgment of Service?
    Your MCOL Claim History will have the definitive answer to that.
  • KeithP said:
    Hello and welcome.

    It looks like you may have received a County Court Claim Form.

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

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

    Hello KeithP,

    I made a mistake on the post and unfortunately cannot edit as I am a new member I believe.

    The issue date is 08/09/2021 and my AoS was accepted on 17/09.

    Kind Regards

  • D_P_Dance
    D_P_Dance Posts: 11,586 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Initial PCN was at £100 now after being sent to court is around £270.

    They have added what appears to be an extra unlawful amount for debt collection. Judges have dismissed an entire claim because of this. 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

    You never know how far you can go until you go too far.
  • KeithP
    KeithP Posts: 41,278 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    KeithP said:
    Hello and welcome.

    It looks like you may have received a County Court Claim Form.

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

    Upon what date did you file an Acknowledgment of Service?
    Your MCOL Claim History will have the definitive answer to that.
    The issue date is 08/09/2021 and my AoS was accepted on 17/09.

    With a Claim Issue Date of 8th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 11th October 2021 to file your Defence.

    That's 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.

    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'.
  • Firstly, take notice of Keith, he knows what he is doing

    Secondly, here we have UK CPM again who out of ignorance place their trust in Gladstones.

    Gladstones invented the IPC/IAS scam and are currently under investigation with the SRA

    Follow the instructions you will be given and read what happens to the hapless Gladstones in court

    https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1

    You will read about abuse of process, which is not what you claim .. BUT, the added fake amount is known as double recovery which really means abuse of process

    In a nushell, Gladstones are not fit to be solicitors 


  • D_P_Dance said:
    Initial PCN was at £100 now after being sent to court is around £270.

    They have added what appears to be an extra unlawful amount for debt collection. Judges have dismissed an entire claim because of this. 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''.
    dropbox.com /s/16qovzulab1szem/G4QZ465V%20Excel%20v%20Wilkinson.pdf?dl=0

    Can I include that final sum is the total including the fine and court fees. So we are looking at around 180 for the fine itself and the rest being court fees. Does this include an unlawful amount? I think the £270 makes it look like its just the fine itself want to clear up any confusions.

  • KeithP said:
    KeithP said:
    Hello and welcome.

    It looks like you may have received a County Court Claim Form.

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

    Upon what date did you file an Acknowledgment of Service?
    Your MCOL Claim History will have the definitive answer to that.
    The issue date is 08/09/2021 and my AoS was accepted on 17/09.

    With a Claim Issue Date of 8th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 11th October 2021 to file your Defence.

    That's 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.

    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'.

    Thank you KeithP,

    Does the standard defence template fit my scenario in this case? If so I will start on writing up my defence as soon as possible.

    Kind Regards
  • KeithP
    KeithP Posts: 41,278 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    KeithP said:
    KeithP said:
    Hello and welcome.

    It looks like you may have received a County Court Claim Form.

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

    Upon what date did you file an Acknowledgment of Service?
    Your MCOL Claim History will have the definitive answer to that.
    The issue date is 08/09/2021 and my AoS was accepted on 17/09.

    With a Claim Issue Date of 8th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 11th October 2021 to file your Defence.

    That's 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.

    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'.

    Thank you KeithP,

    Does the standard defence template fit my scenario in this case? If so I will start on writing up my defence as soon as possible.

    Kind Regards
    Yes it does.
  • Coupon-mad
    Coupon-mad Posts: 149,358 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The template is for ALL non ParkingEye cases and you know the PCN can't have been over £100 because the template defence explains why not.  Read and understand it.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • @KeithP @Coupon-mad Would it be possible if you are able to checkout my defence? I shaped the sections that I had to edit so I am pasting in those parts only.

    Kind Regards

    1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.


    The facts as known to the Defendant:

    2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question, but liability is denied.

    3.    First and foremost, the address of where the penalty charge was given to the vehicle has been used by the Defendant for nineteen years for parking. In addition to this, the location is a two slot car bay with no specific signage in front or within the bay indicating that it is being controlled by UK CPM.

    4.    Only after receiving a penalty charge was the Defendant able to notice a sign that vaguely states there is a private parking enforcement but has no indications as to whether it enforces the specific bay where the Defendant’s vehicle was parked at the time or if it is a sign to notify road users that you are entering into a private car park with enforcement. Nor are there markings on ground or signage within or close to the bay itself indicating it is a private car bay. 

    5.    It is also important to note that the Defendant's vehicle on that specific date was unable to move from the location as it was giving electrical faults on vehicle start up and required to be towed away. A claim against the penalty charge was sent only to be rejected at the time.




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