UK CPM GLADSTONES court claim SUCCESS

Nosy

Hi, hoping someone can help please.

I have received a letter before claim from Gladstone in September 2024 and then another letter before claim at the start of October 2024. This is for a PCN which I received for parking 12mins in a car park without paying. I appealed and it was dismissed by IAS. The parking event occurred in November 2023. 

This was issued for parking 12mins in a car park from an ANPR system.  The car park has one entrance which is also used for the exit. The signs can be seen when exiting vehicle and looking carefully close up but by that time you are already in the car park and outside the car. 

Anyway I wanted some advise on how to respond to Gladstones. After the IAS dismissed the appeal I have not been in touch with thenoarking company or Gladstones. 

KeithP

The first few paragraphs of the second post of the NEWBIES thread explain exactly how to react upon receipt of a Letter of Claim.

Which parking company is involved?

Coupon-mad

Please show the IAS decision.

Nosy

Hi @Coupon-mad @KeithP, I hope you are both doing well, good to see you here helping people.

Unfortunately life has got in the way, and I forgot about this . As a result, I received a claim letter through the post on 17/12/24

@KeithP parking company is UK CPM Ltd.

@Coupon-mad
Below is the IAS decision
"It is important that the Appellant understands that the adjudicator is not in a position to give his legal advice. The adjudicator's role is to look at whether the parking charge has a basis in law and was properly issued in the circumstances of each particular case. The adjudicator's decision is not legally binding on the Appellant (it is intended to be a guide) and they are free to obtain independent legal advice if they so wish. However, the adjudicator is legally qualified (a barrister or solicitor) and decides the appeal according to their understanding of the law and legal principles.

The terms of this appeal are that I am only allowed to consider the charge being appealed and not the circumstances of other drivers or other parking events. The guidance to this appeal also makes it clear that I am bound by the law of contract and can only consider legal challenges not mistakes or extenuating circumstances. I am satisfied that the Operator's signage, which was on display throughout the site, makes it sufficiently clear that the terms and conditions are in force at all times and that a PCN will be issued to drivers who fail to comply with the terms and conditions, regardless of a driver's reasons for being on site or any mitigating factors. While noting their comments, it is clear from the evidence provided to this appeal that the Appellant did indeed enter and use the site otherwise than in accordance with the displayed terms by failing to ensure that their vehicle was properly registered with a valid payment, having been allowed an adequate consideration period prior to the charge being issued. It is the driver's (rather than a third party's) responsibility to ensure that the terms and conditions of parking are properly complied with. Due to the nature of the terms, whether the vehicle was left unattended at any point is largely irrelevant to this appeal. Having considered the evidence provided I am satisfied that the Operator has the authority to issue and enforce PCNs at this location.

I am satisfied that the Operator has proven their prima facie case. Whilst having some sympathy with the Appellant's circumstances, once liability has been established, only the Operator has the discretion to vary or cancel the parking charge based on mitigating circumstances. Accordingly this appeal is dismissed."

KeithP

You say you have "received a claim letter through the post on 17/12/24".

If you have received a Claim Form, please tell us the Issue Date on it.

Coupon-mad

And if this is a Claim Form please show it here, covering the same 4 things everyone else does on all the other Gladstones claim form threads you'll find when you search the forum (filter to NEWEST results only).

Nosy

The issue date is 17/12/24. I have attached an image of the claim form. Can you advise which defence I should be using from the newbies thread?  The last time I had to defend a claim was during the pandemic so not sure how much has changed since then  is all still done online?

[Image removed by Forum Team]

Coupon-mad

You've only redacted 3 things.

Search the forum for:

Chan Akande denied persuasive defence

KeithP

With a Claim Issue Date of 17th December, you have until Monday 6th January 2025 to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 20th January 2025 to file a Defence.

That's over 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

You need to be aware that those Particulars of Claim are totally inadequate.

It is alleged that the driver 'parked in breach the terms of parking stipulated on the signage (the contract)'.

Nowhere in those Particulars is there any explanation of what the driver is alleged to have done wrong.

This will be an easy win.

Nosy

Coupon-mad said:

You've only redacted 3 things.

Search the forum for:

Chan Akande denied persuasive defence

Have redacted properly now and also filed acknowledgement of service yesterday.

I have searched the forum for Chan Akande denied persuasive defence and found a few posts related to Chan Akande but not the diect post/defence. Is there a specific defence you would advise to use which is similar to my case? 

Gr1pr

Please change the thread title to something more suitable,  like

UK CPM GLADSTONES court claim