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    • kgirl123
    • By kgirl123 17th Mar 18, 11:17 PM
    • 15Posts
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    kgirl123
    Gladstones court claim received - help please
    • #1
    • 17th Mar 18, 11:17 PM
    Gladstones court claim received - help please 17th Mar 18 at 11:17 PM
    Hello

    I'm a newbie to the forum, and would like to ask for your expert advice on my case please.
    I have read the Newbie thread and multiple posts here with similar cases, all very helpful and insightful, and it's a relief to read how many have been won! I have completed AOS a couple days ago, the issue date is 6 March, so I believe I have until 6 April to submit defence.

    The PCN is for parking without a permit. Back in September my car was parked in a visitor bay by a friends house, but resident did not have a visitor permit to use as the visitor bays are now allocated to the flats near her house, with no visitor bays for her and the other houses to accommodate guests. As it was Saturday evening the driver was surprised to find a PCN on the windscreen, but having received these before, driver ignored as always. Kepper received a notice reminder dated 1 month and 2 days later, ignored, photographed for record and binned. Received letter before claim 6 weeks later, also ignored and binned as thought it was just another scare letter, but did photograph for record.

    Not sure if it helps my case, but PCM had only taken control of the car park 2 weeks before this so the situation was very fresh to residents, and beforehand all visitors were fine to use the bays. The signs were in place directly above the visitor space, as usual in small print, but they were visible. Resident was aware of the changes, but there was nowhere else nearby to park.

    I will start to draft a defence tomorrow, but wanted to ask if it's worth sending an email to request further evidence from parking management? The original notice reminder only had photos of the car reg and a far away shot, so no signs shown. The Court Claim came with POC filled in the box, unfortunately stupidly disposed of the envelope before reading all the forum threads, but it arrived on 8 March so 2 days after issue. Presumably this means keeper missed the chance to write to CEL and court re backdating?

    Any help will be much appreciated! Thank you all for your time and support, hopefully with your help I can win this!
    Last edited by kgirl123; 18-03-2018 at 7:54 AM.
Page 2
    • kgirl123
    • By kgirl123 6th Apr 18, 3:39 PM
    • 15 Posts
    • 6 Thanks
    kgirl123
    Print
    Sign
    Scan to PDF
    Email as an attachment
    Originally posted by nosferatu1001
    Thank you! Have followed your instructions and sent across as an attachment with signature to the claim responses email address

    The Managing AGent is there on YOUR behalf. They can only sign contracts for YOUR benefit. You require them to send a copy of the contract through within 7 days else you will...
    Originally posted by nosferatu1001
    I'm referring to the managing agent who the resident normally deals with regarding anything related to the property they own. Resident surprisingly doesn't have a copy of their original contract, and so have advised the defendant to request a copy from the managing agent (i.e. the middle person between resident and land owner), with no luck
    • Coupon-mad
    • By Coupon-mad 6th Apr 18, 3:40 PM
    • 57,327 Posts
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    Coupon-mad
    OK so get them to send a SAR to the MA, specifically asking for the contract/agreement itself, and anything sent to residents about the permit/parking regime.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • IamEmanresu
    • By IamEmanresu 8th Apr 18, 8:16 AM
    • 2,296 Posts
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    IamEmanresu
    The Managing AGent is there on YOUR behalf. They can only sign contracts for YOUR benefit. You require them to send a copy of the contract through within 7 days else you will...
    I'm not so sure about this one. I may be wrong but what if

    1. The leaseholder (as tenant) only has a contract with the Head Leaseholder

    2. Within the lease there are a bunch of promises or covenants on how people behave in a property with multiple leaseholders both between themselves and with the Head Leaseholder

    3. What if, to make the Head Leaseholders life easier, he hired the Managing Agents to manage these overlapping promises (or contracts you can say). That would mean the MA worked for the Head Leaseholder to fulfil the his obligations under the lease

    4. That would mean the monies paid by each leaseholder to the MA would not be consideration under contract to the MA but costs recovery by the MA as determined by the lease and the the various Landlord and Tenant Acts.

    I wonder if that is an alternative way of looking at this issue.
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
    • kgirl123
    • By kgirl123 9th Apr 18, 3:56 PM
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    kgirl123
    IamEmanresu if I understood your points correctly, that sounds right. The MA is acting on behalf of the land owner. The MA has copies of all contracts, but as defendant is not the property owner they are not being very responsive when a copy has been requested. Resident themselves haven't been very helpful in this unfortunately...

    I have received an email from Gladstones with the usual 'no need for oral hearing' blurb, and DQ attached, which I have seen on other posts. I also received a separate email from the same person, dated 20mins earlier, stating 'we are yet to receive a copy of your defence. We kindly ask for a copy of this in your convenience' - do I need to send them a copy?
    • Coupon-mad
    • By Coupon-mad 9th Apr 18, 4:02 PM
    • 57,327 Posts
    • 70,925 Thanks
    Coupon-mad
    I would email them a copy in the interests of open dealing and fairness from your side, but I would put in the covering email that it doesn't bode well for their robo-claim in this case if they are so disorganised that they can't locate, or have lost, the defence that the CCBC made available to them (otherwise how would they have known it was DQ time?).

    I would also take the opportunity to send a clear message in the same email, that their stupid well-known template suggesting the claim is 'straightforward and should be heard on the papers' has not fooled you for one minute, and their client has no cause of action against you and should discontinue before they waste costs on yet another meritless claim.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Castle
    • By Castle 9th Apr 18, 4:02 PM
    • 1,698 Posts
    • 2,294 Thanks
    Castle
    I have received an email from Gladstones with the usual 'no need for oral hearing' blurb, and DQ attached, which I have seen on other posts. I also received a separate email from the same person, dated 20mins earlier, stating 'we are yet to receive a copy of your defence. We kindly ask for a copy of this in your convenience' - do I need to send them a copy?
    Originally posted by kgirl123
    No... the court will send them a copy.
    • JEFFreyjbaker
    • By JEFFreyjbaker 12th Apr 18, 2:20 AM
    • 1 Posts
    • 0 Thanks
    JEFFreyjbaker
    Missed 3 PCNS FROM PCM and now Iíve got a county court letter
    Hey guys thanks for the help but I recieved 3 parking fine last year April and was told to ignore them as its private and now Iíve but got a county court letter and Iím a bit terrified but itís £609 and I canít afford it is thereís anything I could do to stop it please.

    Thank you for your help guys much appreciated
    • Umkomaas
    • By Umkomaas 12th Apr 18, 8:31 AM
    • 17,562 Posts
    • 27,763 Thanks
    Umkomaas
    Hey guys thanks for the help but I recieved 3 parking fine last year April and was told to ignore them as its private and now Iíve but got a county court letter and Iím a bit terrified but itís £609 and I canít afford it is thereís anything I could do to stop it please.

    Thank you for your help guys much appreciated
    Originally posted by JEFFreyjbaker
    Read the NEWBIES FAQ sticky, post #2 which walks you right through the court process.

    Then please start a new thread of your own as gate crashing someone else's is not allowed by the forum and as your case is now at the business end of things could lead to potentially very expensive confusion.

    itís £609 and I canít afford it is thereís anything I could do to stop it please.
    Whether you can afford it or not will not help you. Lots of research and hard work will be the main way of trying to stop this.

    In your new thread please give us details of dates when these PCNs were incurred, which parking company, dates of letters received and other information so we have a better understanding of your case, and how you might be able to win this.

    Who told you to ignore the PCNs?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • kgirl123
    • By kgirl123 13th Apr 18, 11:47 AM
    • 15 Posts
    • 6 Thanks
    kgirl123
    I would email them a copy in the interests of open dealing and fairness from your side, but I would put in the covering email that it doesn't bode well for their robo-claim in this case if they are so disorganised that they can't locate, or have lost, the defence that the CCBC made available to them (otherwise how would they have known it was DQ time?).

    I would also take the opportunity to send a clear message in the same email, that their stupid well-known template suggesting the claim is 'straightforward and should be heard on the papers' has not fooled you for one minute, and their client has no cause of action against you and should discontinue before they waste costs on yet another meritless claim.
    Originally posted by Coupon-mad
    Followed your instruction, and drafted an email stating the above, also outlining that I will not hesitate to reclaim all my costs if this does proceed to court and is judged in my favour. Haven't heard anything back and it's been a few days so doubt I'll get any response. Thanks for the help again!
    • kgirl123
    • By kgirl123 5th May 18, 11:19 AM
    • 15 Posts
    • 6 Thanks
    kgirl123
    Quick update - DQ filled out and submitted via email to both CCBC and claimant (ahead of deadline on 8th May)

    I believe the next part of the process can take weeks or even months in some cases, so now I wait...
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