LBC - Gladstones - Parking Control Management - Kindly requesting advice and review

Boat_to_Bolivia

You can report the opening post by clicking on the exclamation mark in the red box below the post.

Have you read the NEWBIES thread, all your questions are answered there.

There also a template defence which is there for you to adapt to your case, and the regulars will critique any paragraphs you add or change.

Once your defence is submitted and if the case proceeds, you will be given the opportunity to select the court nearest to your home.

Again this is all the NEWBIES thread, so I suggest you go and read it a few times and get a better understanding of the process.

Coupon-mad

"Are the members of this board able to help me prepare for my defence ?"

Yes - but you don't need much help because you'll have already read the Newbies thread 2nd post and the Template Defence sticky thread too. It is that easy...

-          "When this happens would I have to physically turn up to court? I don’t live near Northampton county court."

Why do people think small claims hearings are based at Northampton court just because the claim form initial admin starts at that central hub?  Of course it wouldn't be at Northampton.  You get to choose your local court.  And hearings are often by phone these days.

KeithP

ifish12 said:

-          I understand at this stage I am just to await a Court Hearing from Gladstones so I can submit a MCOL.

Submit a MCOL?
I don't understand.
MCOL = Money Claims Online.
You will not be submitting any sort of claim.

ifish12 said:

-          I am then to write up a defence. And prepare for court ?

-          Are the members of this board able to help me prepare for my defence ?

That's right, and they will.

I did write earlier...

KeithP said:

It is good that you are trying to 'plan ahead', and if you post again on this thread when you receive a County Court Claim Form - sometime in high summer - and we'll help you further.
When you do post again, please tell us the Issue Date on your Claim Form.

ifish12 said:

-          When this happens would I have to physically turn up to court? I don’t live near Northampton county court.

You will never have to go to Northampton.
Later in the process, if a hearing ever takes place, you will get to choose a court convenient to you.

ifish12 said:

-          I also wanted to ask if someone court direct me on how I can contact a board guide to get my initial post edited.

Perhaps the easiest way to make that happen, is to simply hit the Report button -  - below your post and ask for the opening post to be adjusted .

But keep in mind... MSE's Forum Team doesn't work at weekends.

Johnersh

I did not have a valid reason to be parking there.

Says who? The parking company? 

Surely if you were visiting a resident that's reason to be there. 

Some thoughts... 

The terms of that sign are for *breach* not a fee for parking. So my next question is whether it is ever possible for anyone not ordinarily resident to come onto the land, for any period whatsoever without (according to that wording) becoming liable to pay £100? 

It could be argued that the contract is simply impossible for the o/p to perform, such that it was void ab initio. There is no reference to visitor permits (if they are available) or how to obtain them. 

OR

It might be argued that in fact it doesn't offer parking at all to non-permit holders. As such the wording of the sign might only apply to residents if the court accepts that there is no offer of parking for a non resident to accept. The £100 isn't consideration for non-residents (ie a payment to park) but is expressly a breach of contract fee. 

The wording makes lawful visitors, the postman, delivery drivers all risk a PCN, which self-evidently cannot have been the intention of the contracting landlord and interferes with the residents rights to receive visitors or enjoy use of their property. 

ifish12

Guys, Seriously Thank you for your responses, 

KeithP - Apologies I may have missed that.  

I understand, I will slowly start getting on with my defence then and write up a decent draft, 

Fingers crossed

Le_Kirk

ifish12 said:

Guys, Seriously Thank you for your responses, 
KeithP - Apologies I may have missed that.  
I understand, I will slowly start getting on with my defence then and write up a decent draft, 
Fingers crossed

When you do, just show us your paragraphs 2 & 3 (and any you add) we do NOT need to see the rest of the template defence.

ifish12

Hi guys,

I hope you are all well,

So just reaching out regarding this case once again. Since my last contact to yourselves I haven’t heard anything from Gladstones until late last week. 

My last correspondence was in May stating the general “debt and finance” statement. 

Gladstones have responded with the following: 

———————————————————————

Good afternoon, 

 

We write further to your email.

 

In order to provide a substantial response to you, we kindly request further information from you in order to satisfy our identification checks. 

 

Please can you kindly confirm;

 

1.     Your full name

2.     Your previous residential address 

3.     Your current residential address

4.     Your Vehicle Registration Number 

 

We look forward to hearing from you. 

——————————————————————-

ifish12

What would you guys advise. Should I respond to this with the information they are requesting. 

Please do let me know when you can. 

I am grateful to your help as always 

Coupon-mad

My last correspondence was in May stating the general “debt and finance” statement. 

But you didn't fill that in of course.

ifish12

No I didn’t response back if that’s what you mean.