Advice for Defence for overstay at private car park - Gladstones

minimonsta

So I've used the extra wording template with the links to cel v akande etc for this case as its with Gladstones and the POC is so vague simply saying 'was parked in breach of terms of parking on the signage'.

Now this was almost a year and a half ago so in all honestly I can barely remember the details but think the original letter (which I no longer have) was for overstaying, I think by about 15minutes. Now I'm pretty sure I wasn't driving at the time but in all honesty I can't be sure, I know I was there but had a very small baby at the time and was most likely just a passenger.

My question is, in point 6 of my defence, where I'm adding basic facts of my case, should I even mention the overstay? Or even that I was there? Or simply something like:

"With regards to this specific case, the defendant is aware that the driver had a valid ticket for the car park and was unaware of breaching any terms of parking"

Coupon-mad

You aren't using a defence with facts at point 6. I changed the template a month ago.

minimonsta

Ah, I see where I got confused. Am now back to up to date template and have simply added at the end of paragrpah two that the defendant wasn't driver and then added the two cases of Chan and Akande into paragraph 3 instead. I've not added any information about the events. So all as template except for:

"...The Defendant, has little recollection of events considering this was more than a year ago, and has little to add other than admitting that they were the registered keeper and not driver, so questions whether the Notice to Keeper was even POFA compliant.

3. With regards to the POC in question, two recent persuasive appeal judgments in Civil Enforcement Limited v Chan (Ref. E7GM9W44) and Car Park Management Service Ltd v Akande (Ref. K0DP5J30) would indicate the POC fails to comply with Civil Procedure Rule 16.4(1)(e) and Practice Direction Part 16.7.5. On the 15th August 2023, in the Chan case, HHJ Murch held: 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The same is true in this case and the Defendant trusts that the Court should strike out the extant claim, using its powers pursuant to CPR 3.4. The second recent persuasive appeal judgment also held that typical private parking case POC (like this) fail to comply with Part 16. On the 10 May 2024, in CPMS v Akande, HHJ Evans held: 'Particulars of Claim have to set out the basic facts upon which a party relies in order to prove his or her claim'."

Coupon-mad

Perfect Gladstones or Moorside new defence example!

MrProsperous25

Hi. Thanks for all the great work you guys have done to assist everyone with these matters

I am in a same situation and would like to prepare my defence. Where can I find the template to start my defence? A link would be much appreciated. 

Regards

Le_Kirk

MrProsperous25 said:

I am in a same situation and would like to prepare my defence. Where can I find the template to start my defence? A link would be much appreciated. 

Defence template (and NEWBIE sticky) are both on the first page of the forum and are marked as Announcements contained within a  dark blue rectangle.  We don't supply links as that way you won't learn how to hop around the forum.

minimonsta

I had the mediation call for this PCN today. They offered a sum about £50 less than what I supposedly owe - £220 or something, I tried to offer £10 to settle the case today and they simply refused, no negotiation. 

Just wondering how I can make my case stand it court beyond what I wrote in my defence. I haven't acknowledged that it was an overstay as I wasn't the driver and they didn't specify the details. Is this a strong enough point, that it's simply a very vague PCN, to persuade a judge? Also, how well do I need to know the background information around the cases I quoted in my defence? I wouldn't say I'm very confident speaker if I'm put on the spot so I need to be prepared! 

Gr1pr

You have not told us who the claimant is,  plus not shown us the redacted picture of the POC from the lower left of the claim form either,  so if we dont have the background information or basic facts,  how would we know in order to help you further   ?

Coupon-mad

minimonsta said:

I had the mediation call for this PCN today. They offered a sum about £50 less than what I supposedly owe - £220 or something, I tried to offer £10 to settle the case today and they simply refused, no negotiation. 

Just wondering how I can make my case stand it court beyond what I wrote in my defence. I haven't acknowledged that it was an overstay as I wasn't the driver and they didn't specify the details. Is this a strong enough point, that it's simply a very vague PCN, to persuade a judge? Also, how well do I need to know the background information around the cases I quoted in my defence? I wouldn't say I'm very confident speaker if I'm put on the spot so I need to be prepared! 

Read some completed Gladstones cases by searching the forum for something like:

Gladstones rep judge

Gladstones bites the dust

simbob

I am preparing a defence for DCB Legal, can I use the above example please? I’m very new to all of this and have been following the advice in newbies and template defence thread but unsure what to add in 3. to complete the template defence

Thanks!

Crwban

Hi simbob

First of all I'm a newbie too and sure there will be someone who will have much more experience. However, I'm in exactly the same position in preparing a case against DCB Legal. Mine is with Smart Parking originally and on the claim form they provide details in the 'Particulars of Claim' so the above doesn't apply. I have to respond to those details in para 3 of the template

If the company DCBL are representing was ParkingEye or CP Plus then you can use the suggested para above. On the claim form make sure there is just vague wording. The example above is 'was parked in breach of terms of parking on the signage'

If yours is Smart Parking or some other firm then you (we) have to address those points. I'm going to use the main template. As the PoC does contain specifics I don't think the first sentence applies (referring to CPR16.4 etc) but will use the bit about 'false fees' onwards. Para 3 you have to address their claim. So if it was a dodgy photo or you couldn't see the signs etc

Not quite sure how paras 4-10 apply as yet but working on it.

Good luck and keep fighting it