Confused about parking

insania_pendeat

I have read the newbie forum and I missed my opportunity to send a complaint.


[Image removed by Form Team]

KeithP

insania_pendeat said:

I  received the CCBC (image below) issued 12.01.2023 from Private Parking Solutions sent by Gladstones  on 19.01.2023 and just sent an AOS and I want to attempt the defence that delivering / picking up packages is not parking. I have no defence really - I stayed longer than I should have. Security guard really took advantage of covid and  expected me to deliver in the maze that are those apartments rather than just leaving at concierge as normal but got lost, returned with most of the parcels as only one customer came out to meet me, and my knee injury flared up going up / down with those stairs so I was limping back.

Hello and welcome.

Are you saying that you have received a County Court Claim Form which has an Issue Date of 12th January 2023 on it and you have filed an Acknowledgment of Service?

Please confirm the Issue Date on your Claim Form and the date that you filed an Acknowledgment of Service.

Mouse007

I'm off to bed now, but from what you've given us so far I think you have a great defence and plenty of time to get this drafted properly. Well done for spotting Jopson and doing your homework. I'll be back when I'm sober awake.

Coupon-mad

The first paragraph is not from the current version of the Template Defence, so just a heads up to use the right version, not one you found in an older thread than 2022.

Mouse007

Can you show us on google street view where you parked - just copy the url here as a post


The Particulars of Claim (POC) say

Parked in breach of the terms of parking stipulated on the signage (the “contract”).

But they have not actually stated which terms were breached or supplied a copy of the alleged contract (the “sign”) which makes it difficult to respond.

Was it the Red Route No Parking at Anytime sign? or the Free Short Stay 20 Minutes Maximum sign? Or the Pick up / drop off taxi point sign? Or was it the Parking Conditions (unreadable) sign?

google street view will help us narrow down what you are defending

Mouse007

Do you know how long you were stopped for ? (note I did not say parked)

KeithP

insania_pendeat said:

KeithP said:

insania_pendeat said:

I  received the CCBC (image below) issued 12.01.2023 from Private Parking Solutions sent by Gladstones  on 19.01.2023 and just sent an AOS and I want to attempt the defence that delivering / picking up packages is not parking. I have no defence really - I stayed longer than I should have. Security guard really took advantage of covid and  expected me to deliver in the maze that are those apartments rather than just leaving at concierge as normal but got lost, returned with most of the parcels as only one customer came out to meet me, and my knee injury flared up going up / down with those stairs so I was limping back.

Hello and welcome.

Are you saying that you have received a County Court Claim Form which has an Issue Date of 12th January 2023 on it and you have filed an Acknowledgment of Service?

Please confirm the Issue Date on your Claim Form and the date that you filed an Acknowledgment of Service.

Yes. I double checked when I saw the date but it was issued on 12.01.2023 and I was handed it with a parcel by the postman on 19.01.2023 and filed an AOS last night 24.01.2023. I read that the 14 day countdown is 5 days after the issue day but going by the issue date I have until 07.02.2023 to file a defence

You have a few days more than you think.

With a Claim Issue Date of 12th January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 14th February 2023 to file your Defence.

That's almost three 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'.

Coupon-mad

You don't need to 'search' for anything. That is where you are going wrong.  Forums are a cinch to navigate.

You are always ONE click away from the first page of this forum and the resources in the 'Announcement' (sticky) threads.

The Template Defence thread, just like the NEWBIES thread, is pinned at the top of the parking board as an Announcement on page one....

...which is why my signature tells everyone how to click there...sooo easy!

Le_Kirk

insania_pendeat said:

The facts as known to the Defendant:

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

3. The vehicle was stopped in 1 Western Gateway to drop off and pick off up packages in the context of business activities.

Suggestion above

KeithP

insania_pendeat said:

Le_Kirk said:

insania_pendeat said:

The facts as known to the Defendant:

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

3. The vehicle was stopped in 1 Western Gateway to drop off and pick off up packages in the context of business activities.

Suggestion above

I am going to draft a defence but looking at the newbie thread, should I still do a SAR for information, complain to the landowner, and send an email to Gladstones for a 30 day hold, or that is not needed now that a claim is imminent?

Forget the thirty day hold idea. That is only relevant before a Claim is issued.
In your case, the claim is more than 'imminent' -- it has arrived.

Yes, send a SAR to the parking company. The information will be useful at Witness Statement time.

Coupon-mad

You cannot leave it like that.    Use the entire Template Defence.

We are not asking you to do any work or wrap your head around anything, just copy the whole thing and add your section.