Gladstones /court defence help

Dane19

Hi All

My Father has received a county court claim form in regards to a occurrence 3 years ago where he stopped for 1min 23 sec (according to the photo time stamp) on a access road leading to car parks which leads to car parks of offices. At the time he was not aware it was a private road and most likely the signs would have not been readable. 

His appeal was rejected on the bases that signage clearly states NO PARKING ON ROADWAYS AT ANYTIME.

The claim is from CPM and the solicitors are Gladstones. Issue date is 12 nov 21

Amount claimed £199.28
court fee.            £35.00
legal rep fee.       £50.00
total.                    £284.28

My father only has the original charge notice and the decision letter of the appeal, all the rest of letters demanding money were binned. 

I’ve done some reading on others victims post and it seems there is no ANPR, just someone taking pictures. On google maps signs are not so clear so will have to go and take pics of the conditions.


I have read the newbies 2nd post defence draft and have few questions.

1. It mentions in the the template 2. Also, continue here in your words, by either also admitting to being the driver, or hirer/lessee, if you were.” I was under the impression the all this time not admitting being the driver will be an advantage in court so I’m confused now.

2. Do or can I still request a Sar? If yes do I need it 

3. Most of the template is about the excessive charges, Is there anything I can also use or wording saying it was stop not a park and to have acknowledged that parking wasn’t allowed you would have had to get out the car and read the signage which would take more time then 
1 min 23 sec. ?

4. Is there any regulation which speculates a time limit before issuing a ticket like in car parks?

Much appreciate any help.

Thank you

Coupon-mad

Admit to driving and state that there were no clear signs and deny any contract existed.  Deny that UKCPM allowed the reasonable consideration period that the Code of Practice requires.

KeithP

Dane19 said:

The claim is from CPM and the solicitors are Gladstones. Issue date is 12 nov 21

With a Claim Issue Date of 12th November, you have until Wednesday 1st December 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 Wednesday 15th December 2021 to file your Defence.

That's almost four 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'.

D_P_Dance

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%20Excel%20v%20Wilkinson.pdf?dl=0

Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

https://uk.trustpilot.com/review/www.gladstonessolicitors.co.uk

https://uk.trustpilot.com/review/www.gladstonessolicitors.co.uk

Dane19

KeithP 

Dane19 said:

The claim is from CPM and the solicitors are Gladstones. Issue date is 12 nov 21

With a Claim Issue Date of 12th November, you have until Wednesday 1st December 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 Wednesday 15th December 2021 to file your Defence.

That's almost four 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'.

Ok thanks , I have already filed an Aos, I did read emailing the defence I thought that was additional to filing it on MCOL website, but thanks for letting me know.

KeithP

Dane19 said:

KeithP 

Dane19 said:

The claim is from CPM and the solicitors are Gladstones. Issue date is 12 nov 21

With a Claim Issue Date of 12th November, you have until Wednesday 1st December 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 Wednesday 15th December 2021 to file your Defence.

That's almost four 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'.

I have already filed an Aos...

When exactly, date and time, was an AoS filed? 
Your MCOL Claim History will have the definitive answer to that.
It may affect you Defence filing deadline.

And I should've said earlier... everything must of course be done in the name of the named Defendant.

Redx

Dane19 said:

KeithP 

Dane19 said:

The claim is from CPM and the solicitors are Gladstones. Issue date is 12 nov 21

With a Claim Issue Date of 12th November, you have until Wednesday 1st December 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 Wednesday 15th December 2021 to file your Defence.

That's almost four 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'.

Ok thanks , I have already filed an Aos, I did read emailing the defence I thought that was additional to filing it on MCOL website, but thanks for letting me know.

Do not fill anything else in on the MCOL website , treat it as read only , no typing !! Everything else from now on is done by email only , no paperwork , no posting , no online submissions , just emails

You told KeithP that the AOS was already done , but no date , details are crucial in these matters , so check the MCOL claim history for exact details

Dane19

Redx said:

Do not fill anything else in on the MCOL website , treat it as read only , no typing !! Everything else from now on is done by email only , no paperwork , no posting , no online submissions , just emails

You told KeithP that the AOS was already done , but no date , details are crucial in these matters , so check the MCOL claim history for exact details

I filled it in yesterday which is 5 days after the issue date, I believe I now have 28 days. 

I’ve already started drafting using the template in newbies.

What would be the difference between this defence and the witness statement that will come later on? Meaning do I just have to touch on the points and elaborate them later or do I go full hands on.

Dane19

KeithP said:

When exactly, date and time, was an AoS filed? 
Your MCOL Claim History will have the definitive answer to that.
It may affect you Defence filing deadline.

And I should've said earlier... everything must of course be done in the name of the named Defendant.

It was yesterday before 2 pm , I wanted to ask will I be able to represent my father if it goes to court or is it too late now since Iv acknowledged as himself rather then a represtitive.

KeithP

Dane19 said:

KeithP said:

When exactly, date and time, was an AoS filed? 
Your MCOL Claim History will have the definitive answer to that.
It may affect you Defence filing deadline.

And I should've said earlier... everything must of course be done in the name of the named Defendant.

It was yesterday before 2 pm

Then the Defence filing deadline I gave you earlier is good.

Dane19 said:

KeithP said:

When exactly, date and time, was an AoS filed? 
Your MCOL Claim History will have the definitive answer to that.
It may affect you Defence filing deadline.

And I should've said earlier... everything must of course be done in the name of the named Defendant.

I wanted to ask will I be able to represent my father if it goes to court or is it too late now since Iv acknowledged as himself rather then a represtitive.

When the time comes for any hearing then you can act as the Defendant's Lay Representative.
The named Defendant must also attend the hearing.
Have a look at The Lay Representatives (Rights of Audience) Order 1999 and maybe print it out to show to the Judge.

Le_Kirk

Dane19 said:

What would be the difference between this defence and the witness statement that will come later on? Meaning do I just have to touch on the points and elaborate them later or do I go full hands on.

Check the NEWBIE sticky second post for advice on this, however, defence is a series of legal/technical arguments refuting the POC and the Witness Statement (WS) is your evidence supporting and backing up your defence.  Defence is written in third person and the WS is a first person account/narrative of what happened on the day and subsequently.