Claim Form - Gladstones on behalf of National Parking Management

awlyy89

Hi all,

I received the Claim Fom on the 13th March. I previously received an LBC a year ago and responded as suggested in the Newbie thread by sending Gladstones and their client a SAR, asking for information on the owner, copies of signage and boundary site marking. This was sent last July, they then replied with PCN info, letters and photos. I then received the signage, site map (shows no indication you're entering private land, half of the estate has no signs or yellow lines) and images in October after emailing them to update my address. 

The car was in the garage at the time and I had to get it towed, as the clutch had gone. However, they recently put signs in the area about parking (weren't there on google maps 3 years ago). I am now in the process of starting the AOS and will soon after start the defence. Reading other threads it seems they've at least wisened up as they're charging 8% instead of 10%. 

Update: I have done the AOS

KeithP

What is the Issue Date on your Claim Form?

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

awlyy89

KeithP said:

What is the Issue Date on your Claim Form?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Apologies I meant to say the issue date was the 13th March, I have completed the AOS online some 20 minutes ago.

KeithP

With a Claim Issue Date of 13th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 15th April 2024 to file your Defence.

That's nearly four 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'.

Coupon-mad

Please show us the POC.

What do you mean by this?  What happened to get a PCN? What's the relevance of the bit in bold?  Was the car in a commercial garage for repairs and you didn't park it?

Where exactly is the place? Google streetview?

"...they then replied with PCN info, letters and photos. I then received the signage, site map (shows no indication you're entering private land, half of the estate has no signs or yellow lines) and images in October after emailing them to update my address.  The car was in the garage at the time and I had to get it towed, as the clutch had gone. However, they recently put signs in the area about parking."

awlyy89

POC: https://imgur.com/a/kOSDp1U

The reason stated for the PCN is "Vehicle not pre-authorised (no E-permit)". There's not much relevance as I pushed the car into a spot, I do believe it was moved into a different spot before the PCN. However, it's all the same car park so pretty insignificant. It wasn't a commercial garage as you'll see in streetview below: 

https://www.google.com/maps/@52.5952822,-0.2653128,3a,60y,112.39h,90t/data=!3m6!1e1!3m4!1shPkYXvTtXSNGRfLjm7lTqw!2e0!7i16384!8i8192?entry=ttu

Please show us the POC.

What do you mean by this?  What happened to get a PCN? What's the relevance of the bit in bold?  Was the car in a commercial garage for repairs and you didn't park it?

Where exactly is the place? Google streetview?

"...they then replied with PCN info, letters and photos. I then received the signage, site map (shows no indication you're entering private land, half of the estate has no signs or yellow lines) and images in October after emailing them to update my address.  The car was in the garage at the time and I had to get it towed, as the clutch had gone. However, they recently put signs in the area about parking."

Coupon-mad

The reason stated for the PCN is "Vehicle not pre-authorised (no E-permit)". There's not much relevance as I pushed the car into a spot, I do believe it was moved into a different spot before the PCN. However, it's all the same car park so pretty insignificant.

No it's very significant. The keys were with the garage after you pushed the car into their site, and their staff then parked it.  The defendant was therefore neither the 'keeper' nor driver on the material date.  The garage was.

You still have to defend but the above should go into your para 5 of facts where you explain what happened to the car.

USE THE HHARRY100 DEFENCE VERSION WITH THE CEL V CHAN IMAGES

awlyy89

No it's very significant. The keys were with the garage after you pushed the car into their site, and their staff then parked it.  The defendant was therefore neither the 'keeper' nor driver on the material date.  The garage was.

Technically it wasn't on their site as it was outside, but regardless it still would be classed as not being the keeper nor driver on the date correct? Also, regarding signage and lack of any entering the estate, would that hold weight or am I correct in assuming this is covered in the defence template? Thanks

Coupon-mad

Signage is covered generically in the bit about case law and the Consumer Rights Act, lower down in the template but most people elaborate on how inadequate the signs were, in the facts section of their defence.

KeithP

awlyy89 said:

POC: https://imgur.com/a/kOSDp1U

The reason stated for the PCN is "Vehicle not pre-authorised (no E-permit)".

That is nothing like what the Particulars of Claim say...

In fact the PoCs give no clue at all to what the driver may have done wrong.

awlyy89

That is nothing like what the Particulars of Claim say...

In fact the PoCs give no clue at all to what the driver may have done wrong.

Thank you I hadn't noticed that myself, actually had to dig up the NTK to find the exact reason. Where exactly would I mention this in the defence?