Gladstones /court defence help

Dane19

Is this ok , the rest ill copy from the template 

IN THE COUNTY COURT

Claim No.: xxxxxxx

Between

UK car park management limited

(Claimant) 

- and -  

                   xxxxxxxxxxxxxxx                        

 (Defendant)

____________________

DEFENCE

____________________

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 on the date of the alleged event, but liability is denied.

 3.      The Defendant was traveling to a nearby location when a wrong turn was taken into the road, The Defendant was not aware it was a private road as no signs were visible at the entrance. The Defendant drove until the end and upon realizing he was in the wrong place stopped to gather bearings then left the street, this action did not constitute parking.

4.     A subsequent site visit showed that

a)    There were no signs at the entrance of the road stating any parking conditions or in regard to it being a private road hence by entering the land how is the defendant agreeing to the terms and conditions as the claimant suggests.

b)     where signs were to be found they were above and some even high up lampposts, the claimant's own evidence shows the signage to be above,

c)      The writing on the signs are too small that even by leaving the car and getting close up they cannot be easily read, and being unable to do so denies that the Claimant’s signage is capable of creating a legally binding contract.

d)     Even if the signs were readable its vagueness would be considered incapable of binding any person reading them under common contract law and would also be considered void pursuant to Sch2 of the CRA.  

5.       The Claimant did not allow a fair sufficient period to read the signs which the International Parking Community code of practice requires. 15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so they may make an informed decision as to whether or not to remain on the site.

Coupon-mad

Very good.

D_P_Dance

I disagree.  You can get virtually any info you want from a council if you are persistent enough.  Perhaps are not asserive enough CM.  

Le_Kirk

Dane19 said:

4.     A subsequent site visit showed that

a)    There were no signs at the entrance of the road stating any parking conditions nor in regard to it being a private road hence by entering the land how is the defendant agreeing to the terms and conditions as the claimant suggests.

b)     where signs were to be found they were above head height/visible eye line height and with some even high up lampposts, the claimant's own evidence shows the signage to be above [what???],

c)      The writing on the signs are was too so small that even by leaving the car and getting close up they the signs cannot could not be easily read, and being unable to do so denies that the Claimant’s signage is capable of creating a legally binding contract.

d)     Even if the signs were readable its vagueness would be considered incapable of binding any person reading them under common contract law and would also be considered void pursuant to Sch2 of the CRA.  

5.       The Claimant did not allow a fair sufficient period to read the signs which the International Parking Community code of practice requires. 15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so they may make an informed decision as to whether or not to remain on the site.

Couple of changes for you as above.
b) [What???] this just seems to stop!

Dane19

Quick question , I emailed the defence 10th Dec , Gladstone’s sent me confirmation of receipt of defence 0n 16th Dec and were kind enough enough to reduce £50  . So do I now just wait for the DQ form? In the newbies it mentions after some days/weeks it will be sent. How many weeks should I wait before contacting them ?
Thank you 

Le_Kirk

Check your MCOL status and see when/if the CCBC have sent out DQs to you and or claimant.

Dane19

Le_Kirk said:

Check your MCOL status and see when/if the CCBC have sent out DQs to you and or claimant.

I did , it just shows defence received 10th Dec on the status.

Le_Kirk

OK, check every couple of days (missing out the holiday week).

Dane19

Le_Kirk said:

OK, check every couple of days (missing out the holiday week).

Hello Everyone, hope all had a good holiday and are geared up for the coming year.
Received this just before the holidays, Still no DQ form shown sent out in the MCOL status, would this be coming with what ever the court will inform us of what will happen or is it sent out separately?

Thanks. 

KeithP

The CCBC have sent you a letter saying the Claimant has twenty eight days to consider your Defence.

What you don't know is when the CCBC sent a copy of your Defence to the Claimant. 

It follows from that that it is not known when the Claimant has to respond to the CCBC. 

Further, we don't know what delays there are in the CCBC that means they don't send you a DQ as promptly as you might like.

Can I suggest that you keep checking your MCOL Claim History and as soon as you see that the CCBC has sent a DQ to you, you are ready to download a DQ, complete it and fire it back to the CCBC, remembering to send a copy to the Claimant of course.