Claim Form | Gladstones | Premier Park Ltd - assistance required

AxelMoney

Hello to all,

My elderly father received a rude awakening with a court claim served on him by Gladstones (Premier Park) for two alleged offences for two vehicles both at a supermarket in 2022. 

I’m told PCN’s were sent at a steady rate but not reacted to (outdated strategy).  Nor is there much recollections of said offences.  So unsure of any defence for Gladstone.

I’ve been making my way through the pinned Newbie thread.  But would appreciate some further direction to keep me on track.  Dealing with this from a standing start for anxious fretting dad who wouldn’t do well in court and inclined to pay the £468 to make it go away.

Claim Form Issue date:  16 June 2023

Company:                        Premier Park Limited

Solicitors:                         Gladstones

Steps taken:

1) Acknowledgement of Service – completed 26th June 2023

2) SAR Request – pending.  Awaiting utility bill (no longer have vehicles).

3) Email to Gladstones – pending.  Will action immediately after SAR request.

 

The defence seems to be the hardest part.  Which template will be most relevant?  Incidentally, I note the LBC sent by Gladstones (20th June 2023) provides the option to dispute the debt.  Is that advisable (PAP) or should I press-on to draft the defence.

Appreciative of further guidance.

 AP

KeithP

AxelMoney said:

Claim Form Issue date:  16 June 2023

Steps taken:

1) Acknowledgement of Service – completed 26th June 2023

The defence seems to be the hardest part.  Which template will be most relevant?  Incidentally, I note the LBC sent by Gladstones (20th June 2023) provides the option to dispute the debt.  Is that advisable (PAP) or should I press-on to draft the defence.

Hello and welcome.
You are past the point disputing the debt via the PAP.

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

That's nearly 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'.

Although I have used the words 'you' and 'your', everything must be done in the name of the named Defendant.

Fruitcake

If a court claim has been received then it is too late to dispute the debt. You need to crack on with the defence using the guide to court written by bargepole that you will find in the second post of the NEWBIES as well as the defence template that includes a twelve step guide.

Only show us the parts of the template you have amended which would normally be paragraphs 2 and 3.

Coupon-mad

2) SAR Request – pending.  Awaiting utility bill (no longer have vehicles).

3) Email to Gladstones – pending.  Will action immediately after SAR request. 

But your Dad isn't at LBC stage.  Or is he? Stop!  What stage is he at?

On the one hand you say:

"Claim Form Issue date:  16 June 2023 - court claim served on him by Gladstones (Premier Park) for two alleged offences for two vehicles both at a supermarket in 2022."

A court claim?  They are served by the CCBC in Northampton not by individual solicitors. 

But on the other hand you say:

"the LBC sent by Gladstones (20th June 2023)"

Only a daft old Letter Before Claim then?

These are completely different stages.

If he's only at LBC (letter from Gladstones, not a N1 Court 'Claim form' - if unsure,look at one on Google images?) stage, then just get the retail park to step in and cancel the scam PCNs.

Be really robust if he's only at LBC stage - it can be very easy to get these cancelled, if you speak to the right person (angrily but politely) and it's not yet an actual claim.

Have you got his MP on board to assist with the complaint?  Assuming this is not yet a CLAIM FORM...

Please confirm.

Do you mean that one PCN is at Claim form stage and the other only at LBC stage?

Of course Dad doesn't PAY!  A claim is defendable without much sweat. No risk. Please reassure him this is easily handled and the timing this Summer is helpful because the law is changing.

AxelMoney

Please confirm.

Do you mean that one PCN is at Claim form stage and the other only at LBC stage?

Of course Dad doesn't PAY!  A claim is defendable without much sweat. No risk. Please reassure him this is easily handled and the timing this Summer is helpful because the law is changing.

Hi Coupon-mad, there is a bona fide County Claim form (County Court Biz Centre, Northampton).
Issue date 16th June '23.

On second inspection, it seems the LBC (of 20 June 2023) is related to another set of offences. 

Different times and dates which'll keep me busy.  Sad face.  

Coupon-mad

No 'offences' are involved.  There's no crime except some of the worst conduct by the more rogue parking companies sometimes crosses that threshold!

OK so separate the two.

The DEFENCE is the priority.  Run it by us first.  You DO NOT do a SAR or email Gladstones about the court claim. Your Dad defends it using our template defence.

The LBC - is that about PCNs at the same location, same facts but just a bunch of different dates?

If so, search the forum for

Dear Sirs Henderson cease desist 

easy one to reply to...

AxelMoney

The LBC - is that about PCNs at the same location, same facts but just a bunch of different dates?

Yes, same location different dates. 

Shall be working on a defence which ostensibly will be tenuous.

I’ve been able to find out the management of the supermarket car pack changed hands from Apcoa to Premier Parking (PP) last year.   Seems the first thing PP did was to end the one-hour free parking period.  Dad would’ve been oblivious to this.

AxelMoney

Coupon-mad said:

The DEFENCE is the priority.  Run it by us first.  You DO NOT do a SAR or email Gladstones about the court claim. Your Dad defends it using our template defence.

I'm drafting a defence at the moment. Just conscious i've not much to 'work with' & so not wanting to put dad through the additional stress of this process.

AxelMoney

You have loads to put and the Template Defence adds everything else he needs.

Hi CM, below is a high-level draft of a defence.  Its generic.  I’ll be visiting dad over the weekend to see if he can recall more facts. 

I note from reading other defences their template verbiage differs slightly?  I’m using the drop-box linked template from the pinned newbie thread posted by member B789 (can't link -no linking permissions). 

2. It is admitted that the Defendant was the registered keeper and driver of the vehicles.

 

3. The defendant visited the Priory Shopping Centre carpark on xx xx xx & xx xx xx.  On both occasions it was to visit Argos situated within Sainsburys.  It should be noted that the defendant has frequently parked in this particular car park on previous occasions without encountering any issues.    

4. Upon a return visit to said carpark, the defendant notes the claimant’s signs have vague/hidden terms and a mix of small font, such that they would be considered incapable of binding any person reading them under common contract law, and would also be considered void pursuant to Schedule 2 of the CRA.  Consequently, it is the Defendant’s position that no contract to pay an onerous penalty was agreed by the driver.  

5. The defendant contends that the parking charges were not clearly displayed on the way into Priory Shopping Centre, nor at the car park entrance where they parked their car or they would have paid the small charge commensurate with their stay. 

Coupon-mad

That's very good.

AxelMoney

Coupon-mad said:

That's very good.

Anything more to add or shall i proceed with this iteration?