URGENT - Court Action started - PLEASE HELP!

JodeeMcD · 28 June 2016 at 2:23AM

Hi

Over the course of summer 2015 I received 3 parking tickets at Surrey University (private land). I had a season ticket to allow me to park there but on several occasions there was building work going on so car park spaces were limited (I have no evidence of this). On the days when I received tickets I had parked outside of a marked bay, such as on the end of a row.

I was advised by my tutor to ignore this tickets as it was private land and so I have ignored all letters from various debt collection agencies until now when I have received a County Court Claim Form from Horizon Parking represented by Gladstones Solicitors.

I should note that it was me who parked and got the tickets but the car is registers to my husband and so all paperwork including the court claim form is addressed to him!!!

Please can you give some advice about how to respond. Is it enough for him to say he wasn't the driver and therefore he does not have a contract with them?

We only have a couple of days left I respond as have just got home from holiday to discover the paperwork.

Thanks so much!
Jodee

Quentin · 28 June 2016 at 7:08AM

JodeeMcD wrote: »

Hi

Over the course of summer 2015 I received 3 parking tickets at Surrey University (private land). I had a season ticket to allow me to park there but on several occasions there was building work going on so car park spaces were limited (I have no evidence of this). On the days when I received tickets I had parked outside of a marked bay, such as on the end of a row.

I was advised by my tutor to ignore this tickets as it was private land and so I have ignored all letters from various debt collection agencies until now when I have received a County Court Claim Form from Horizon Parking represented by Gladstones Solicitors.

I should note that it was me who parked and got the tickets but the car is registers to my husband and so all paperwork including the court claim form is addressed to him!!!

Please can you give some advice about how to respond. Is it enough for him to say he wasn't the driver and therefore he does not have a contract with them?

We only have a couple of days left I respond as have just got home from holiday to discover the paperwork.

Thanks so much!
Jodee

Presumably you have been on a long holiday and he also just read the letter before court action that he will have been sent prior to the claim?

He should now send back the tear off acknowledgement of claim form to the court thereby getting an extra 14 days to deal with this.

Then set about #1 in the newbies faq thread near the top of the forum to see advice on dealing with court claims

Redx · 28 June 2016 at 8:44AM

JodeeMcD wrote: »

1) I was advised by my tutor to ignore this tickets as it was private land and so I have ignored all letters from various debt collection agencies until now when I have received a County Court Claim Form from Horizon Parking represented by Gladstones Solicitors.

2) I should note that it was me who parked and got the tickets but the car is registers to my husband and so all paperwork including the court claim form is addressed to him!!!

3) Is it enough for him to say he wasn't the driver and therefore he does not have a contract with them?

1) this tutor is an idiot and has misled you, I doubt he will wish to take the fall on this one but will have some mealy mouthed excuse

2) as your husband is the RK, he will have to deal with it, even if you are writing it and researching it on his behalf

3) no , not if they have followed a law called POFA2012 which came in almost 4 years ago which MAY transfer liability to the keeper

however, it is for them to prove they followed POFA2012 correctly or they cannot hold him liable for the alleged debts , so POFA2012 will feature as one of several defence points because they will have to prove their claim is valid in court, against the person they brought the claim against, providing you bring up legal points that you are disputing

so they would include

POFA2012 irregularities
NTK irregularities
no locus standii
poor signage (failing the CoP)
any other CoP failures
how your case differs from the BEAVIS case

plus anything else your research turns up

now read post #1 court sub-section of the NEWBIES sticky thread, especially the bargepole post that is linked there

read parking pranksters court guide too

and use the forum search box and suitable search words to find recent 2016 court claims that are ongoing (nothing older) and see what they have done and been advised to do and to write, to get an idea how your claim should progress

the first task is acknowledge the claim to get an extra 14 days to prepare the holding defence, but leave the defence box BLANK for the time being

JodeeMcD · 28 June 2016 at 9:53AM

Thank you for that, very helpful. I did receive the notice before court action but to be honest I just presumed it was just another debt collection type letter as all the previous letters had also mentioned court action.

I have done what you suggested and have entered the acknowledgment of service so I now have 14 days to enter a defence.

I have clicked through but I can't seem to find the court subsection of the Newbies thread - is there any way you can post a link please?

I had read that unless my husband declines to say who was driving (he wouldn't, if asked he would say it was me) then they can't prosecute him. Is that not the case?

Thanks again
Jodee

Quentin · 28 June 2016 at 10:11AM

Well, he cannot be prosecuted at all as this is a civil case

But he can get civil court action by way of a claim which is what is happening

Advice is in post #1 of the faq thread

Coupon-mad · 28 June 2016 at 12:49PM

JodeeMcD wrote: »

I have clicked through but I can't seem to find the court subsection of the Newbies thread

It's the section headed 'Small Claim? within the first post of 'NEWBIES PLEASE READ THESE FAQS FIRST' a sticky thread permanently 'stuck' near the top of this forum's thread list. No link - it's a click back to get to page one, or just start again at the forums and click on 'parking tickets, fines & parking' under the Motoring forum.

Read in particular, Bargepole's post there about what happens and by when, and which boxes to tick/where to send the information at each stage of court directions.

Then, just search 'defence Gladstones' as keywords within the forum itself when you are back on page one (not within a thread like you are now). Read ANY other threads from 2016 only, not just Horizon ones as they are new. There are other Gladstones ones from this year re other PPCs, where the defence drafts people have worked on have been shown.

Copy & adapt one for you and show us first!

DO NOT reply to any private messages from anyone with less than a thousand posts to their name, offering to 'help' as they could be anyone with a vested interest. We will assist on the open forum here.

Find some examples from 2016 by searching and adapt a defence to suit, then show us.

Oh, and you did the acknowledgement in your OH's name I hope? Have you broken it to him that the defence has to be from him and if it goes to a hearing he has to turn up? NOT JUST YOU!

Redx · 28 June 2016 at 1:28PM

JodeeMcD wrote: »

T

I have clicked through but I can't seem to find the court subsection of the Newbies thread - is there any way you can post a link please?

I had read that unless my husband declines to say who was driving (he wouldn't, if asked he would say it was me) then they can't prosecute him. Is that not the case?

Thanks again
Jodee

its definitely in that thread, post #1 , read it again

AND NOBODY IS BEING PROSECUTED, THIS IS A CIVIL COURT CASE, NOT A CRIMINAL CASE

if you dont understand why they can take him to court for this, search for POFA2012 and read the law that says they CAN, if they follow the rules in that law (its an ENGLISH law , dated october 2012)

JodeeMcD · 10 July 2016 at 5:37PM

Hi thanks for your help so far. I have done everything you have asked and have read pages and pages of forums but I am so confused by it all that I could cry. The language is so confusing that I really don't understand where to start. I haven't come across any defences which sound similar to my case, such as where the person on the court papers wasn't driving and therefore doesn't have a contract. I don't understand what POFA2012 irregularities or NOK irregularities are and I dont understand what you mean by locus standii - why wouldnt they have a right to bring this to court?

I did the AOS in my husbands name but he works abroad so I am trying to do all the paperwork myself. He is very upset with me and I have promised to sort it all out but I am panicking because I think I am out of my depth and I don't know what to do.

I have been cutting and pasting loads of peoples defences but I dont think any of them apply to me?

I have managed to obtain copies of my original parking permits from the university which confirm that I had a permit to park on each occasion. The particulars of claim does not give any details about why I have incurred parking fines (it just says the dates and amounts and that the claimant is claiming parking charges and indemnity costs). I have gone through the various debt collection letters and they say the first date was 'Parking on Cross Hatching', the second 'Obstructive Parking' and the third 'Unauthorised Parking'. On all 3 occasions I parked on the end of a row of parked cars and was not obstructive in any way - I left plenty of room for other vehicles to manouvre and get around my vehicle. I was not the only vehicle to park in this manner as the car park was subject to uilding work and spaces were limited despite the fact that I had pre-paid for a parking permit.

Can I just say exactly that in my defence? They have never asked my husband who was driving. If they asked him he would tell them.

Please help, I am so stuck with this!

Coupon-mad · 10 July 2016 at 5:41PM

I haven't come across any defences which sound similar to my case, such as where the person on the court papers wasn't driving and therefore doesn't have a contract.

They are almost all like that, which is why you will see defences saying 'the keeper cannot be held liable' and 'wasn't the driver'. The forum is littered with them.

Horizon Parking represented by Gladstones Solicitors...I did the AOS in my husbands name but he works abroad so I am trying to do all the paperwork myself.

Have you acknowledged the claim in the name of the KEEPER? Not you.

And why not send a private message (not to me, I don't take them) by clicking on the username of posters with Horizon claims, like this one:

http://forums.moneysavingexpert.com/showthread.php?t=5484104

Calm down and compare defence notes with others.

Also, here is a recent pepipoo thread showing a typical defence statement re a Gladstones/Horizon claim:

http://forums.pepipoo.com/index.php?showtopic=106641

Show us yours!!

JodeeMcD · 10 July 2016 at 6:27PM

Thank you Coupon Mad - I will have a read of those links now. Yes I filled in the paperwork in my husbands name (he is the Reg Keeper) on Money claim online.

JodeeMcD · 10 July 2016 at 6:29PM

Ah yes Ive read both of those already but because neither are saying they are not the driver I didnt think they would be relevant?

URGENT - Court Action started - PLEASE HELP!

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