Court Claim - Forbidding Parking PCN - 5 years ago

tygrysek

Hi All,

I did read a lot of posts and so far it has been very helpful but I need to start preparing defence to court and I thought I could do with some advice on my particular case. 

Thanks to your helpful posts so far I did:

- AOS to CCBC for claim issued on 16/05/2023 (probably few days too early but never mind).

- SAR to parking company - thanks to that in just couple of days I received the pictures and letters which really helps as I haven't kept them all.

To keep the story short:

- As a registered keeper I received a county court claim from National Parking Management (Gladstones Solicitors) for parking fine which was issued over 5 years ago in March 2018. The claim says I as a registered keeper was in breach of ‘Contract’ however reading other posts, I belive that there was never a contract due to ‘Forbidding’ signage. 

- Also the claim is for £343 (amount claimed - £258, court fee - £35, legal repre - £50). Original claim for PCN was £100, £70 was added as contractual costs, £88 interest). I believe that £70 is not exactly legal as it was not mentioned on the signage? I’d need to quote couple of court cases you had mentioned.

- According to the picture the car was parked in No Parking area  (internal road next to a blocks of flats). The road was previously okay go park on. There was a visitor permit displayed which also shows on the pictures I obtained. The new signs were now added to a wall on the blocks of flats, but it's quite far to read from the road and there was nothing close to the road or when you enter the road. Also there was a single yellow line added on the road.

- I chose to ignore the letters, haven't appealed and never responded.

- I never received a 'Letter before Claim' - I did get a few reminders from solicitors but no formal LBC before court claim arrived.

- When I went to check the signs now, there a lot more signs added then it used to be 5 years ago, including 2 signs next to the road and the signage from the building was moved to the fencing near the road - which may help support 'Insufficient signage' defence?

I am now contemplating whether to appeal to a Landowner / Management company (if I can find the details) – and if I do, what are the ‘good’ reasons the claim may be cancelled? I.e. Should I claim insufficient signage or a different defence? I don’t want it to affect court defence.          

I have attached some pictures of the claim and original sings, and signs as they are there now.

Look forward to some advice and thank you in advance. 

.

tygrysek

pictures from SAR

tygrysek

signs from SAR, now the wording has changed.

tygrysek

signs now on the same road - 5 years later

KeithP

Hello and welcome.

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

B789

Is the PCN PoFA compliant? If not keep para #4 and just adapt paras #2 and #3 of this defence:

https://www.dropbox.com/s/5r7vbqttho3q948/2023 defence.pdf?dl=0

@KeithP will be along to confirm but I reckon your defence should be filed no later than 19th June or earlier if you filed your AoS before the 21st May.

tygrysek

KeithP said:

Hello and welcome.

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

I filed on 18th and it was received on 19.05.

KeithP

tygrysek said:

- AOS to CCBC for claim issued on 16/05/2023 (probably few days too early but never mind).

tygrysek said:

KeithP said:

Hello and welcome.

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

I filed in 18th and it was received on 19.05.

With a Claim Issue Date of 16th May, and having filed an Acknowledgment of Service on 19th May, you have until 4pm on Friday 16th June 2023 to file your Defence.

That's over 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'.

tygrysek

B789 said:

Is the PCN PoFA compliant? If not keep para #4 and just adapt paras #2 and #3 of this defence:

https://www.dropbox.com/s/5r7vbqttho3q948/2023 defence.pdf?dl=0

@KeithP will be along to confirm but I reckon your defence should be filed no later than 19th June or earlier if you filed your AoS before the 21st May.

Thank you very much, that's very helpful. I'll check re PoFA as well.

patient_dream

Gladstones are taking the p*ss. they have been told many times about the fake add-on of £70

You say that the wording has changed ?   The only wording that is applicable is the day of the ticket.  Both signs you show have small type terms but on neither can I see the words there are contractual costs of £70 ?

This is a fairy tale dream by Gladstones who invented the great IPC/IAS scam.

Who signed the Gladstones claim trying to tell a judge IT IS TRUE ?

And £88 interest ?  Why did National Parking Management not take action sooner ... or is this extortion/penalty money ?
Judges do not normally allow extortion fake claims

Gladstones are not the smartest of legals and the cases they take on, revolve around IPC members like National Parking Management

IE:  you lose the appeal with the PPC, you lose the appeal with IAS, ALONG comes the inventor of the scam.... GLADSTONES Solicitors

B789

Interestingly a very recent case where the defendant lost but the judge threw out the "extra" £70 because they already added on £40 after the original £60 discounted charge to cover their "extra costs".

Needs rewording better to be included in all future defences methinks.