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  • FIRST POST
    • tomblam1
    • By tomblam1 12th Oct 18, 7:16 PM
    • 2Posts
    • 0Thanks
    tomblam1
    UKCPM / Gladstones Court Claim
    • #1
    • 12th Oct 18, 7:16 PM
    UKCPM / Gladstones Court Claim 12th Oct 18 at 7:16 PM
    Hello,

    I have had through a claim from Gladstones solicitors / UK Car Park Management Ltd.

    Unfortunately I took the (wrong) advice beforehand of not responding at all up until this point.

    I also don't have any of the documentation apart from the LBC and the claims stuff.

    The Particulars of Claim are the following -
    The driver of the vehicle registration XXXXXXX (the 'vehicle') incurred the parking charge(s) on 12/09/2017 for breaching the terms of parking on the land at Nightingale Road - Nightingale Road Horsham West Sussex RH12 2NW
    The defendant was driving the Vehicle and/or is the Keeper of the Vehicle
    AND THE CLAIMANT CLAIMS
    160 for Parking Charges / Damages and indemnity costs if applicable, together with interest of 12.50 pursuant to s69 of the County Courts Act 1984 at 8% oa. continuing to Judgement at 0.04 per day
    If the driver remembers correctly, there is one sign on the other side of the road to where the driver was parked, slightly further down. Many cars are parked down this road during the day and get no ticket, and there is further confusing regarding the fact that from where the car was parked, there is a sign displaying free parking for one of the business on this road, and a sign showing pay and display (the area where the driver was parked was not the pay and display car park).
    Furthermore, the particulars state that I was the driver of the vehicle, yet this has not been admitted.

    In terms of the LBC, would this still be applicable to the defence?
    If so, the potential points I could see are:
    - My full name is not used (no middle name used)
    - The only potential basis for the reason of the claim is that the debt is not settled and the PCN number, other than that no mention of parking etc.
    - details of any funding arrangement (within the meaning of rule 43.2(1)(k) of the CPR) that has been entered into by the claimant (unsure what this means but may not be on there)
    - there is no list of the documents that will be relied upon in court, unless this is just the PCN number?
    - there is nothing about 'identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see.'
    - it does state that a reply outside 30 days may not be considered as legal proceedings are likely to have been issued, however does not state that the costs may not rise (the claim amount in the LBC is 160)

    Any advice would be appreciated,

    Thanks.
    Last edited by tomblam1; 12-10-2018 at 7:45 PM.
Page 1
    • KeithP
    • By KeithP 12th Oct 18, 7:20 PM
    • 9,784 Posts
    • 10,129 Thanks
    KeithP
    • #2
    • 12th Oct 18, 7:20 PM
    • #2
    • 12th Oct 18, 7:20 PM
    It looks like you have a Claim Form from the County Court Business Centre.

    What is the Date of Issue on that Claim Form?
    .
    • Redx
    • By Redx 12th Oct 18, 7:20 PM
    • 19,598 Posts
    • 24,901 Thanks
    Redx
    • #3
    • 12th Oct 18, 7:20 PM
    • #3
    • 12th Oct 18, 7:20 PM
    edit your post and remove any hint of who was driving on the day

    state the DRIVER, no "MY , ME , MYSELF & I"

    all the paperwork has gone to the KEEPER


    what is the DATE OF ISSUE ?

    a good idea to send an SAR so you get all the evidence within a month too
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • tomblam1
    • By tomblam1 12th Oct 18, 7:49 PM
    • 2 Posts
    • 0 Thanks
    tomblam1
    • #4
    • 12th Oct 18, 7:49 PM
    • #4
    • 12th Oct 18, 7:49 PM
    Thanks for the replies,
    The issue date was the 02 October.
    I have submitted the Acknowledgment of Service today.
    The only other correspondence I have record of other than mentioned is a text received from Gladstones a few months ago, however I am unsure how they got my number.

    Thanks for the help.
    • Redx
    • By Redx 12th Oct 18, 7:55 PM
    • 19,598 Posts
    • 24,901 Thanks
    Redx
    • #5
    • 12th Oct 18, 7:55 PM
    • #5
    • 12th Oct 18, 7:55 PM
    send an SAR for all the docs and pics etc

    then read a few recent defences , including ones written OR HONED by member BARGEPOLE

    post the proposed draft below for critique
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • KeithP
    • By KeithP 12th Oct 18, 8:00 PM
    • 9,784 Posts
    • 10,129 Thanks
    KeithP
    • #6
    • 12th Oct 18, 8:00 PM
    • #6
    • 12th Oct 18, 8:00 PM
    The issue date was the 02 October.
    I have submitted the Acknowledgment of Service today.
    Originally posted by tomblam1
    With a Claim Issue Date of 2nd October, and having done the AoS in a timely manner, you have until 4pm on Monday 5th November 2018 to file your Defence.

    Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


    When you are happy with the content, your Defence should be filed via email as described here:

    1) Print your Defence.
    2) Sign it and date it.
    3) Scan the signed document back in and save it as a pdf.
    4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
    6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
    7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.
    .
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