Gladstone/ AM parking services LTD CLAIM FORM

KeithP

Only a few days left. When are you going to show us your proposed Defence?

By the way, the is no letter 's' in the word Defence.

Coupon-mad

laurenjo12 said:

MP has replied and said they won't get involved in these issues and I should have responded when I first got the ticket. 
I'm really worried as my defense is due very soon but I havent received any response to my SAR
.There is no way I can write a defence if I don't know what the charge is for!

Really? Why not?  Everyone here does and no-one waits for the SAR, it's not needed.

D_P_Dance

Perhaps you should write to Sir Greg Knight asking him to have a word with his colleague.  This is not  a political matter, these companies are anti-consumer.

laurenjo12

The reason I am struggled to write a defence is because I do not recall getting the ticket. All I can see is what is stated on the claim form I received  saying I was "parked in breach of the terms of parking stipulated on the signage (the 'contract')  at ****** thus incurring the parking charge". 
I cannot see the signage so not sure how to argue my case. 
I have read the info on here and can see the defence template.
Was I wrong to have understood it that by sending the SAR and CPR I was aiming to get more info? (  ie a copy of the original pcn and photos of signage)

Coupon-mad

Which is exactly what lots of Defendants put in their paragraph 3.

Have you not read any like yours yet?  There are shedloads exactly like this.  It stops no-one.

Go read some recent threads here about five year old tickets.  Many 2016 Highview claims are like this so read them.  We had tons like this in May and no-one knew who was driving, let alone anything about the allegation.  Didn't stop them saying that in their defence and saying it is the Claimant's case to prove.

Or write it yourself. I've told you what to say and have written the rest of the defence for you so this should take you half an hour to show us the draft paragraph 2 and 3.

95Rollers

Just put what you know!  If you don't recall getting a ticket or have not received any correspondence then put this in the defence stating that you are Defending a matter/ accusation which is unknown to you and you have received no disclosure or fair warning. But you intend to make a Subject Access Request and will deal with the allegation to the best of your knowledge at Witness Statement stage as you will know more of what is going on at that stage. Its not your fault they are not cooperating or disclosing anything so you can only work with what you have or don't have in this case. You are not admitting or denying anything as you don't have enough or even any information at this stage so just do the Defence the best you can and not to worry. Just explain this on there in detail. I didn't have a great deal of info on mine and pretty much stated this whereas my WS was a 60 page epic!

laurenjo12

I will reread all threads again tomorrow and focus on the ones that will help me. 
Will put my draft on here ASAP. 
Thankyou for your advice

laurenjo12

To update.
Today I have received an email response to my SAR. There are multiple attachments. The last letter sent to me(according to their email) was in May 2018 from Zenith solicitors.  I have copies of letters but no photos of my car,signage or the original pcn( so I'm not really any clearer as to the reason for the ticket).
There is however a large wad of photos relating to another charge from Nov 19!! For this one there are letters and a photo of the signage. 
Absolutely overwhelmed:( 
I presume I just need to get my defence written and then will await another claim form through the post for the other ticket.

Coupon-mad

Zenith are far from 'solicitors'! 

They are just part of Debt Recovery Plus, waste of space aggressive debt chasers.

 I have copies of letters but no photos of my car,signage or the original pcn( so I'm not really any clearer as to the reason for the ticket).
There is however a large wad of photos relating to another charge from Nov 19!! For this one there are letters and a photo of the signage. 

Mention in your defence that the D has asked for a Subject Access Request and the C responded in December 2021 with not a single photograph of any signs, the car, any breach, any terms or even a copy of a supposed PCN.  Nothing at all relating to the parking charge mentioned in the Particulars was supplied, except for some aggressive debt recovery letters.  Nothing by way of evidence.  Hence the D is prejudiced and is none the wiser about the reason for the alleged parking charge and will have to respond at witness statement stage after being ambushed then. 

The D feels this cannot be right and the C is in breach of not only the GDPR rules about a SAR but the Civil Procedure rules and pre-action protocol too.  The D asks the court to use its case management powers to strike out the claim for want of full particulars, or alternatively, to Order the C to provide full and detailed particulars including all the images and all evidence that was withheld from the SAR response, and then time should be allowed for the D to respond to update their defence if they wish, at no expense to the D.

laurenjo12

I have spent many hours reading!! Thankyou all so much for giving me this Forum to be able to get some understanding and feel that this is something i can fight rather than pay (which is probably what i would have done in all honesty as all of the legal terminolgy is something i dont understand).
I have used the defence template and read up about how i need to submit that. From reading info i can see i adapt #2 and #3. All the rest i can leave the same (obviously editing the names etc)?
COUPON-MAD i very much appreciate you taking the time to write the above post for me. I hope it is ok to pretty much use word for word what you have written (so much better than i ever could have done).

 

 

The facts as known to the Defendant:

 

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

Is it worth mentioning that the Defendant is not the main/only driver of this vehicle.??? of no relevance. (was at my uni address so will assume it was me)

 

 

 3.   The defendant requested a Subject Access Request and the Claimant responded in December 2021 with not a single photograph of any signs, the car, any breach, any terms or even a copy of a supposed PCN.  Nothing at all relating to the parking charge mentioned in the Particulars was supplied, except for some aggressive debt recovery letters.  Nothing by way of evidence.  Hence the Defendant is prejudiced and is none the wiser about the reason for the alleged parking charge and will have to respond at witness statement stage after being ambushed then.

 

The Defendant feels this cannot be right and the Claimant is in breach of not only the GDPR rules about a SAR but the Civil Procedure rules and pre-action protocol too.  The Defendant asks the court to use its case management powers to strike out the claim for want of full particulars, or alternatively, to Order the Claimant to provide full and detailed particulars including all the images and all evidence that was withheld from the SAR response, and then time should be allowed for the Defendant to respond to update their defence if they wish, at no expense to the Defendant.

 

 I await your reponses...please go easy on me;)