Court Claim - Gladstones

Coupon-mad · 22 April 2018 at 10:25PM

Re. the £1 parking charge, until today I was certain the parking there was free, I actually parked there previously before the fine without paying and no charge was given. When writing my defence I thought i'd ring up the owner of the land and confirm what I thought I already new. That's when I found out there was indeed a charge, so I added it into the defence as there was already a section on parking cost in the template I used.

OK, that gives you more to put in your defence, if the parking WAS free, and has changed, yet there are no prominent signs alerting drivers to the new(ish) change in restrictions.

Have a look at the BPA Code of Practice regarding extra signs needed when restrictions change, so that drivers familiar with a car park are alerted to a 'contract'.

If it's never been free and you've just never known, then go to town on the signage as your main defence. It can't be clear if you can park up and not see a PDT machine and signs.

Sean88661046 · 29 April 2018 at 9:26AM

Coup, red

Thanks for both of your responses, i've spent a fair amount of time reading up on what you have both suggested.I plan on visiting the car park and taking a look at any signage and i'll rewrite my defence statement as necessary. I also read up on the other things you mentioned too (using a keeper based defence ect).

My new predicament is that my partner does not want to go to court. the notice was sent to her as the keeper, who was also the driver.
She has never been to court before and is scared of the whole process, being made to look like she has done something wrong ect and possibly being forced to pay a fine. I don't want to put that pressure on her and make her feel uncomfortable and anxious leading up to it. The second issue is we will not be able to take time off work for a hearing.

Am i able to submit my defence and see if MB/GS goes any further with it, knowing I will pay just before the court hearing if it does? I'm still hoping they would drop it because they have knowingly not provided me with any information about the charge and also negligently sent paperwork to an incorrect address. Whens the latest I can pay without an additional charge (not including the interest)?

Thank you :money:

. .

Le_Kirk · 29 April 2018 at 9:44AM

It's not a scary process, you do not appear in a court but in a side room with a district judge, yourself/yourselves and the claimant.

Search the forum for a guide on what happens during a small claim hearing.

Quentin · 29 April 2018 at 9:44AM

You know never to reveal who was driving

You need to edit your post to remove details of who was driving

The ppcs monitor this forum and can use your posts against you

KeithP · 29 April 2018 at 12:11PM

This video may help:

www.youtube.com/watch?v=n93eoaxhzpU

Coupon-mad · 29 April 2018 at 5:54PM

She could agree for the case to be heard 'on the papers' by the Judge with no attendance of either party (much less chance of winning but if you put in lots of signage evidence it might swing it.

We strongly suggest she does go along in person and defend it. The above is a last resort effort.

Court Claim - Gladstones

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