Gladstone solicitors ltd parking charge

tallac

Gone through the excellent sticky post on how to handle the parking charge my father was issued.

He received a Claim Form from Civil National Business Centre, in Northampton with the claimaint from a parking company via Gladstone Solicitors.

Issue date was 13 October 2023. I filed the Acknowledgement Service after 5 days from this date. So the deadline to submit the defence is 13 Oct + 5 days + 28 days which comes to 15 November by my calculation.

I've written the defence so it's ready to send out but it's still 2 weeks away before the deadline so I'm guessing I shouldn't send it from now? If I give myself 2 working days, does sending it out on 13 November seem sensible?

KeithP

You are right with your date calculations but there might be something useful here...

With a Claim Issue Date of 13th October, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 15th November 2023 to file your Defence.

That's over two weeks away. Plenty of time to produce a Defence and it is good to see that you are not leaving 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'.

Note the words about filing a Defence by email and also if your father is the named Defendant it is important that everything is done in his name.

Have you noticed the recent developments of the template Defence? In particular, have you incorporated details of the Civil Enforcement Limited v Chan case?

Coupon-mad

Has your defence included the words and transcript images of CEL v Chan, as linked in the Template Defence?

What have you put as your facts section, underneath those paragraphs about Chan?

I hope your Dad did the AOS, not you?

tallac

I used the template created by yourself (@coupon-mad) here. The post was updated just 2 weeks ago so I assumed this was the latest template to use for the defence. However, I can't see any reference to "Chan". Am I missing something, is there a more up to date version of the template?

I did things for my dad at his computer together obviously with his consent. Everything was done under his name. He's not very tech savvy and gets flustered with the entire process, if I wasn't helping him then he would have just paid the charge money.

With regards to the question, even though I've got my defence ready in ample time, should I intentionally be filing it as close to the deadline as possible? (with a little room to spare, e.g. 2 days before the deadline?)

1505grandad

Who is the claimant?

Le_Kirk

You say your/your Dad's defence is "ready to send out" but do you mean it is ready to be e-mailed as per the instructions in the template defence thread?  If you read the NEWBIE sticky as pointed at by @KeithP you will find the link to the Chan defence pointed out by @Coupon-mad

KeithP

tallac said:

With regards to the question, even though I've got my defence ready in ample time, should I intentionally be filing it as close to the deadline as possible? (with a little room to spare, e.g. 2 days before the deadline?)

Email gets there instantly - well almost.

tallac

Le_Kirk said:

You say your/your Dad's defence is "ready to send out" but do you mean it is ready to be e-mailed as per the instructions in the template defence thread?  If you read the NEWBIE sticky as pointed at by @KeithP you will find the link to the Chan defence pointed out by @Coupon-mad

People keep referring to "Chan" but that keyword does not appear anywhere on this page:
https://forums.moneysavingexpert.com/discussion/comment/64350585/

In the second post of the above page titled "SMALL CLAIM?" there are 4 example links to defences that can be used:

1. http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html
2. http://parking-prankster.blogspot.co.uk/2017/06/residential-ticket-only-cancelled-after.html
   
3. https://forums.moneysavingexpert.com/discussion/comment/80232190/#Comment_80232190
   
4. https://forums.moneysavingexpert.com/discussion/comment/74708527#Comment_74708527"Chan". The two links to forum posts, do not mention "Chan" in the opening post either.
   
   So I'm really confused with everyone referring to the "Chan" defence.

tallac

KeithP said:

tallac said:

With regards to the question, even though I've got my defence ready in ample time, should I intentionally be filing it as close to the deadline as possible? (with a little room to spare, e.g. 2 days before the deadline?)

Email gets there instantly - well almost.

Indeed it does but my question is still unanswered.

Let me rephrase for clarity, should I intentionally be sending the defence as late as practically possible?

Le_Kirk

If you go to the NEWBIE sticky, the one that you have posted a link to, then the second post (where you have been signposted), you read through that and you come to the template defence with a link, when you get there, in the actual defence are some words about: -

Most claims do not even state the alleged breach (QDR claims excepted). If yours doesn't state the breach, add the paragraphs and judgments seen in the defence by @hharry100 here: ....

........... with a link to the defence written by @hharry100 and there you will find the transcript for CEL v Chan.
When you think the defence is ready and you have given enough time for regulars to critique it, send it any time before the deadline.

Coupon-mad

As above. It's in the Template Defence itself, in my commentary on what to put.