Parking Control Management LTD / Gladstone Solicitors Letter Before Claim

YankeeBrit

fizzy1234 said:

Hey , I have submitted the defence to the email as a stated on the noobie guide. 

I have received an email from the claimants solicitors that has a DQ attached .. 

Do I need to do anything with this ? Is there anything I should do in regards to post defence submittal ?

I know the guide states to wait for the DQand prepare a witness statement when received a court date. Will I be notified by email when these happen ?

Coupon-mad said:
I feel quite sad that no-one seems to read half the resources that I put and link there.

If you "know" then why are you asking a question that is already answered in the 12-point checklist?

Do not upset @Coupon-mad... 

fizzy1234

Lol, I think I've upset @coupon-mad already.. I just want confirmation and affirmation  

Cabbage_Patch1

Hello,

I received this claim letter from the county court for a parking incident that occurred in August last year. I have read the newbies thread and so far I have:

 

I) Completed the AOS 24/07/23

II) Sent a letter to GS seeking debt advice 

III) Requested and received SAR from PCM UK

IV) Downloaded the August 2023 defence template

 

I am in the process of putting together my defence. I have copied and pasted the new August 2023 defence template and I am currently working on the body of my defence (#2&3).

 

From the SAR information sent by PCM UK I can see that the times between the photos taken of my parked vehicle is 1 minute.

Consequently I am planning to use  three main angels as the main basis of my defence.

 

 

1.    The legal requirement of Grace period in the IPC code of practice which PCM UK are a member of

2.    Granted permission by the legal tenant to park in allocated bay as a visitor to the property (Jopson v Home Guard (appeal) and PACE v Mr N)

3.    Confusing and deliberately signage - it is not apparent where permits can be obtained and where visitors can park within the housing complex.

 

Is it possible to provide links to the Jopson v Home Guard (appeal) and PACE v Mr N etc  as this case is about incurring the PCN whilst parked as a visitor in a residential space where the tenant/leaseholder has already been granted the right to park or unload.  

Additionally anyways I can apply this to my defence or anything else I can include in it will be greatly appreciated.

 

 

Many thanks 

 

Le_Kirk

@Cabbage_Patch1 did you mean to post on your own thread?  If you have one, copy it from this thread and post on yours, if not,suggest you start one and give us a bit of background info.  Of course if you are the OP of this thread and have changed your name, just carry on.

Cabbage_Patch1

@Le_Kirk Thank you I did start my own thread. @KeithP has replied unfortunatell I missed the defence deadline. 

fizzy1234

Hey, I finally have a court date. 




Any advice on where to go from here ?

I've read I should include a witness statement and evidence. How much difference is the defence between the witness statement? Also where is this uploaded to ? Money claim? 

KeithP

Look again at that Notice of Allocation. The Notice that gives the hearing date.

Is there not a sentence something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the second page.

Those 'documents on which you intend to rely' are your Witness Statement and evidence.

fizzy1234 said:

I've read I should include a witness statement and evidence. How much difference is the defence between the witness statement? Also where is this uploaded to ? Money claim? 

All those questions are answered either earlier in your thread or in the second post of the NEWBIES thread.

Coupon-mad

fizzy1234 said:

Hey, I finally have a court date. 




Any advice on where to go from here ?

You go to the NEWBIES thread section on WS & evidence stage and you read the info and the a-f Exhibit tips given.

MCOL is not involved. The CCBC was an admin centre  gateway only and you can see that Order came from your local court.

  

Le_Kirk

fizzy1234 said:

I've read I should include a witness statement and evidence. How much difference is the defence between the witness statement? Also where is this uploaded to ? Money claim? 

Apart from the advice given to you by @Coupon-mad and @KeithP see below: -

Your witness statement is "in support of your defence as already filed" and therefore should be ............... in support of and back up, whatever you put in your defence.  It is a narrative of what happened on the day and subsequently, written in the first person in your own words.  It happened to you so no one on here can write it for you.  Reduce the impact of anything negative and emphasise the impact of anything positive. It is also your chance to attach any evidence that you wrote about in your defence.  Read other witness statements (pointed out by @Coupon-mad) as examples of format and style and to see what those posters wrote - particularly successful ones.

A defence is a series of technical legal arguments written in the third person.

fizzy1234

Thanks all, yes I missed the last page. 



Here is a draft of my Witness Statement

I ****** declare as follows:

1.       I am the registered keeper of the Audi A4 registered under number *****.

2.       The facts and matters set out in this statement are within my own knowledge unless I state otherwise. I believe them to be true. Where I refer to information supplied by others, the source is identified. Facts and matters derived from other sources are true to the best of my knowledge and belief.

Summary of Events

3.       On the 8th August 2022, I return to my parking bay with someone parked half into my bay, which did not allow me to fully park within my bay, so I park alongisde it.

4.       On the 9th August 2022, I leave to go to Morocco to get married and have my honeymoon

5.       I arrive back to UK on the 7th September 2022, to find I have recevied a PCN through the post from CPM for parking outside my allocated bay.

6.       I have am the owner of my property *****  which has its allocated parking bay of number 27.

7.       I have been living at the above property since December 2018 and have always parked in the allocated pay.

8.       I have a parking permit that allows me to park in the bay that is always shown on the dashboard

9.       The problem with the location is that the property is directly opposite a shopping centre, this means that shoppers will try to avoid to pay for parking and park in my bay.

10.   This has also been an issue with all the outside bays that belong to the property.

11.   As owners of the bay, it is very difficult to then park elsewhere, as if I park in another bay, it will be contravening the parking contract.

Any help or guidance will be great