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  • FIRST POST
    • motorcarrot
    • By motorcarrot 8th Nov 18, 5:43 PM
    • 5Posts
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    motorcarrot
    Gladstones - Claim Form Received
    • #1
    • 8th Nov 18, 5:43 PM
    Gladstones - Claim Form Received 8th Nov 18 at 5:43 PM
    Hi all, just been reading through some threads and the newbies guide and looking for some assistance here.

    About a year and a half ago I pulled up outside a Greggs to grab a sandwich, as you do, was there about 5 minutes and managed to get a ticket. Had all the usual letters from PCM through the post at the time and just ignored them. Today however, I got a claims from from "County Court Business Centre" asking for 253, which could turn out to be the most expensive sandwich I ever bought.

    Looking at the place I was parked however there was no double yellow lines, no big "No Parking" signs and it's not a ticketed area, amusingly when I was checking on Google Maps there's a car parked right where I was on StreetView.

    Help! I understand from reading the newbies guide that I need to go onto the site ASAP and fill out a blank acknowledgement to buy some more time, but after that I'm pretty stuck with what to do.

    Thanks in advance.
Page 1
    • IamEmanresu
    • By IamEmanresu 8th Nov 18, 5:45 PM
    • 3,769 Posts
    • 6,179 Thanks
    IamEmanresu
    • #2
    • 8th Nov 18, 5:45 PM
    • #2
    • 8th Nov 18, 5:45 PM
    I understand from reading the newbies guide that I need to go onto the site ASAP and fill out a blank acknowledgement to buy some more time
    Yup.

    Which parking company? Was this UKCPS in Leeds?
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • Coupon-mad
    • By Coupon-mad 8th Nov 18, 5:45 PM
    • 63,839 Posts
    • 76,487 Thanks
    Coupon-mad
    • #3
    • 8th Nov 18, 5:45 PM
    • #3
    • 8th Nov 18, 5:45 PM
    Welcome! We are quick on this forum, replying in minutes sometimes! We will help you defend this scam.

    Is it one of the PCM scam sites like Heath Parade? Where?

    I understand from reading the newbies guide that I need to go onto the site ASAP and fill out a blank acknowledgement to buy some more time, but after that I'm pretty stuck with what to do.
    Not sure why, if you read any other PCM or Gladstones defence threads you will see that the NEWBIES thread already gives you the next step, which is to draft a defence in time.

    What date is on the claim form (top right) and what PARTICULARS OF CLAIM (exact words from the left hand side, minus your VRN)?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • motorcarrot
    • By motorcarrot 8th Nov 18, 6:02 PM
    • 5 Posts
    • 0 Thanks
    motorcarrot
    • #4
    • 8th Nov 18, 6:02 PM
    • #4
    • 8th Nov 18, 6:02 PM
    Parking company was "Parking Control Management".

    The POC says:
    "
    The driver of the vehicle registration XXXX (the 'Vehicle') incurred the parking charge(s) on 11/05/2017 for breaching the terms of parking on the land at XXXXX.
    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 18.06 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing to Judgement at 0.04 per day."
    • KeithP
    • By KeithP 8th Nov 18, 6:04 PM
    • 10,600 Posts
    • 10,983 Thanks
    KeithP
    • #5
    • 8th Nov 18, 6:04 PM
    • #5
    • 8th Nov 18, 6:04 PM
    And the Issue Date of the Claim Form?
    .
    • motorcarrot
    • By motorcarrot 8th Nov 18, 6:07 PM
    • 5 Posts
    • 0 Thanks
    motorcarrot
    • #6
    • 8th Nov 18, 6:07 PM
    • #6
    • 8th Nov 18, 6:07 PM
    Yesterday, 7th Nov 2018
    • Coupon-mad
    • By Coupon-mad 8th Nov 18, 6:08 PM
    • 63,839 Posts
    • 76,487 Thanks
    Coupon-mad
    • #7
    • 8th Nov 18, 6:08 PM
    • #7
    • 8th Nov 18, 6:08 PM
    Is it one of the PCM scam sites like Heath Parade? Where?
    You've redacted the location and not answered my question!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • KeithP
    • By KeithP 8th Nov 18, 6:14 PM
    • 10,600 Posts
    • 10,983 Thanks
    KeithP
    • #8
    • 8th Nov 18, 6:14 PM
    • #8
    • 8th Nov 18, 6:14 PM
    And the Issue Date of the Claim Form?
    Originally posted by KeithP
    Yesterday, 7th Nov 2018
    Originally posted by motorcarrot
    With a Claim Issue Date of 7th November, you have until Monday 26th November to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

    Having done the AoS, you then have until 4pm on Monday 10th December 2018 to file your Defence.

    Over over a month away. 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.
    .
    • motorcarrot
    • By motorcarrot 8th Nov 18, 6:15 PM
    • 5 Posts
    • 0 Thanks
    motorcarrot
    • #9
    • 8th Nov 18, 6:15 PM
    • #9
    • 8th Nov 18, 6:15 PM
    Apologies, Whittle Square - Gloucester
    • motorcarrot
    • By motorcarrot 9th Nov 18, 5:00 PM
    • 5 Posts
    • 0 Thanks
    motorcarrot
    Thanks for all the help so far everyone, I've put in the "Acknowledgment of Service" now. Is there any written advice anywhere on writing a defence? I'm fairly confident personally based on the circumstances that it was an unjust claim but I'm not exactly sure how to put that into a defence.
    • Quentin
    • By Quentin 9th Nov 18, 5:46 PM
    • 37,915 Posts
    • 22,023 Thanks
    Quentin
    Lots of advice in the newbies FAQ thread near the top of the forum

    #2 covers advice on how to deal with Court claims right through from the lbcca to the hearing

    Post your draft defence here ( no identifiable info) for comments before sending it
    • The Deep
    • By The Deep 9th Nov 18, 6:13 PM
    • 10,538 Posts
    • 10,374 Thanks
    The Deep
    Today however, I got a claims from from "County Court Business Centre" asking for 253,


    253 is tantamount to fraud. imo, a lot more than the law allows. The solicitors know this but hope to sucker you into paying.

    Even if they won their claim in court, which is unlikely, the most a judge is likely to award would be 175 - 200, the rest is think of a number money.

    I suggest that that you complain to the regulatory body, the SRA about this demand for unlawful costs.

    http://www.sra.org.uk/home/home.page

    Also, complain to your MP

    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.

    Parking Eye, CPM, 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. It has even been suggested that some of these companies have links with organised crime.

    Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)

    and complain in the most robust terms to your MP. With a fair wind they will be out of business in the not too distant future.
    You never know how far you can go until you go too far.
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