IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.
Gladstone County Court Claim
Options
azz007
Posts: 216 Forumite
received the county court claim today 12th, as keeper for 3 parking tickets MINSTER BAYWACH that occurred over a year ago LATE 2017. Linked forum
https://forums.moneysavingexpert.com/showthread.php?t=5860788&highlight=azz007#1
Issued 10th Dec, recieved 12th Dec
i have acknowledged the claim today (12th)so have 28days to build a defence. i need some direction of what to do now as i have completed the AOS.
do i submit the defence via moneyclaim or send these via email.?
is there a guidance on a defence, witness statment etc that will need to be done ,basically a step by step process of what will happen now and what i need to do as keeper. The driver wasnt identified in the appeal/popla stage
Isnt the burden of proof on them
much appreciated
https://forums.moneysavingexpert.com/showthread.php?t=5860788&highlight=azz007#1
Issued 10th Dec, recieved 12th Dec
i have acknowledged the claim today (12th)so have 28days to build a defence. i need some direction of what to do now as i have completed the AOS.
do i submit the defence via moneyclaim or send these via email.?
is there a guidance on a defence, witness statment etc that will need to be done ,basically a step by step process of what will happen now and what i need to do as keeper. The driver wasnt identified in the appeal/popla stage
Isnt the burden of proof on them
much appreciated
0
Comments
-
Is this issue related to any of your other five threads on this parking forum?
If so, can I ask that you add the above post to the appropriate existing thread and allow this thread to die.
When re-posting on your existing thread, please add the Issue Date from your Claim Form and I'll then answer all of your questions.0 -
That's right. They are all different threads. The claim for recieved has 3 tickets to it. Hence why was simpler to start this thread to prepare the fight and defence.
Issued 10th Dec
Acknowledged on money claim 12th dec0 -
Send a SAR to the Claimant.
Oh, who is the Claimant?0 -
received the county court claim today 12th, as keeper for 3 parking tickets that occurred over a year ago oct 2017.
MINSTER BAYWATCH ?
Issued 10th, i have acknowledged the claim today (12th)so have 28days to build a defence. i need some direction of what to do now as i have completed the AOS.
do i submit the defence via moneyclaim or send these via email.?
EMAIL
is there a guidance on a defence, witness statment etc that will need to be done ,basically a step by step process of what will happen now and what i need to do as keeper.
YES, IN THE NEWBIES STICKY THREAD we pointed you at 3 times for the previous pcn,s that were received , appealed and failed
The driver wasnt identified in the appeal/popla stage
GOOD !
Isnt the burden of proof on them
YES IT IS
some comments above in red
post the POC and the breakdown of costs, but no personal info or references
send MB a SAR to their DPO for all their evidence, docs , pictures, signage maps, landowner contract etc (everything they have on you)
then study the defence examples and other ongoing court case threads, draft your defence and post it for critique below
and edit your first post and put links in for the other 3 threads that relate to this one0 -
edited 1st post
POC is very brief in a small section higlighting the 3 dates of the tickets, but as stupid as they are, 2 dates are the same lol. £400 or there abouts just for the tickets on the POC
Then Breakdown is:
Amount Claimed - 500
court fee - 60
legal rep - 70
total 630
wil send the SAR to MB. Although i have done so previously during popla etc.
how can i use the driver wasnt identified and burden of proof to my advanatage0 -
By pointing out they havent complied with POFA so cannot hold you, the keeper defendant, liable
THey have to adduce evidence to show you are the driver
THey havent any
The burden of proof is on them; without any evidnce at all their claim must fail.0 -
I have sent a SAR to minster baywatch and also an email to Gladstone about the restriction of data processing and the case to be on hold.
What I don't understand is their parking ticket costs.
They were £60 to start. Then £100 if don't pay.
100 x 3 =£300. So where has all the extra charge come from.
Now I will start my defence write up0 -
i need assiatnce with the defecne, should i point out the land reg doc that i purchased from HM land registry , which shows to me they have no authority over the area/land the vehicle was parked. , or shall i take this as evidence to the court if the times comes?
also, with my defence, should i also send images, pictures with it?0 -
i need assiatnce with the defecne, should i point out the land reg doc that
i purchased from HM land registry , which shows to me they have no authority over the area/land the
vehicle was parked. , or shall i take this as evidence to the court if the times comes?
also, with my defence, should i also send images, pictures with it?
yes you point out that the PPC has no land owner authority because it is not contracted to deal with the land in question
save your proof for your WS and evidence stage later on near the court date because your local court wants these
your land registry docs are evidence and go to your local court at the WS + evidence stage, NOT to the CCBC
all the CCBC want is your DEFENCE, nothing else, no statements, no complaints , no rants , no pictures, no docs, nothing at all
the CCBC is a government office with civil servants working there, it is NOT a court
capiche ?
so as you have done the AOS promptly , you have 28 days + 5 days from the date of issue to email your SIGNED AND DATED defence as a pdf to the CCBC , meaning its in mid january or so
KeithP will probably tell you the exact time and date, as long as your DATE OF ISSUE was the 10th DEC 20180 -
Involve your MP.
It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier
This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.
Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct
The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.
Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.
All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.You never know how far you can go until you go too far.0
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608.1K Mortgages, Homes & Bills
- 173.1K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards