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  • FIRST POST
    • Dredd786
    • By Dredd786 18th Dec 18, 4:30 PM
    • 20Posts
    • 6Thanks
    Dredd786
    Gladstones County Court Claim
    • #1
    • 18th Dec 18, 4:30 PM
    Gladstones County Court Claim 18th Dec 18 at 4:30 PM
    Hi everyone hope you are all well
    bit of a newbie on the forums for posting so sorry if I do the mistake.


    So the story goes...
    in Sept 17 the driver parked in a private car park in town and paid for 3 hours after entering my cars registration, or so we thought.

    Oct. 17 I get a letter asking for payment which I wrote on it 'No contract' return to sender as well as pointing out I did in fact pay for 3 hours and if their machine did not register my Reg. correctly that was no my fault.

    I get another letter in Oct to say they considered my case and comments - my appeal was declined as the driver either did not pay or display or enter the correct Reg. That there was clear signage for terms of parking and the charge stands (the Signs are above the ticket machine and most of it is in a tiny font)
    I could appeal to IAS.



    I returned that letter to sender with 'No Contract' return to sender.
    Yes I know that is not seen as a defence but it feels good to write down!


    Further letters were sent which I returned in the same manor, eventually leading to a LBC letter.

    I did a bit of research and started a dialogue in reply.. which worked for a while until I dropped the ball and so now I have a County Court letter to deal with which I need to acknowledge and sort out a defence?


    The court letter is dated the 10th Dec, so the service date would be the 15th and I have 14 days to acknowledge which would make it the 28th Dec. I have started a thred on peipoo and uploaded docs forums.pepipoo.com/index.php?showtopic=111841&hl=Gladstone


    any help appreciated


    btw I liked bargepoles defence
Page 2
    • Coupon-mad
    • By Coupon-mad 12th Jan 19, 7:03 PM
    • 68,768 Posts
    • 80,996 Thanks
    Coupon-mad
    Obviously it's right because breach is spelt 'breach'.

    You spellchecker won't have picked it up because 'breech' means a breech baby!
    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
    • Redx
    • By Redx 12th Jan 19, 7:52 PM
    • 21,920 Posts
    • 27,543 Thanks
    Redx
    yes, the driver formed a contract and no they did not breach it

    the keeper never formed a contract in the first place, so did not breach it because one wasnt formed

    so the corrected paragraph and spelling should sort it for now


    a lot of this is pure common sense
    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
    • Dredd786
    • By Dredd786 12th Jan 19, 9:01 PM
    • 20 Posts
    • 6 Thanks
    Dredd786
    Ok all done, defence .pdf has been attached to Email and sent to CCBCAQ@Justice.gov.uk
    • Dredd786
    • By Dredd786 15th Jan 19, 9:19 AM
    • 20 Posts
    • 6 Thanks
    Dredd786
    Thanks everyone, just checked with the moneyclaim helpdesk and the claim has been defended.
    Just working on a witness statement now.
    • Umkomaas
    • By Umkomaas 15th Jan 19, 10:04 AM
    • 22,589 Posts
    • 35,569 Thanks
    Umkomaas
    Thanks everyone, just checked with the moneyclaim helpdesk and the claim has been defended.
    Just working on a witness statement now.
    Originally posted by Dredd786
    Won't that be your defence they are referring to? Or were you simply asking if they'd received your defence?
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • Dredd786
    • By Dredd786 17th Jan 19, 10:25 AM
    • 20 Posts
    • 6 Thanks
    Dredd786
    Hi

    Yes that was just my defence submitted and accepted.
    • Dredd786
    • By Dredd786 28th Jan 19, 10:42 AM
    • 20 Posts
    • 6 Thanks
    Dredd786
    Hi again,

    so I have received Gladstone's copy of their Directions Questionnaire in which they are asking for special directions as usual.

    Am i waiting for the court to send the same form for me to fill in and reply or do i just download a blank copy and fill that out?
    • Coupon-mad
    • By Coupon-mad 28th Jan 19, 12:52 PM
    • 68,768 Posts
    • 80,996 Thanks
    Coupon-mad
    Up to you really! If you are twitchy then download one.
    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
    • nosferatu1001
    • By nosferatu1001 28th Jan 19, 3:23 PM
    • 5,007 Posts
    • 6,118 Thanks
    nosferatu1001
    Check MCOL
    If it says its been sent abd you dont have it yet, deither wait or download one.
    • Dredd786
    • By Dredd786 29th Jan 19, 2:23 PM
    • 20 Posts
    • 6 Thanks
    Dredd786
    Thanks, I cannot log into MCOL as they changed something on their system and as I registered prior to the change they cannot help me regain access to it. I can call them which is the only option now. However I have downloaded the form to fill in but I am not sure what I fill in the first field - To be completed by, or on behalf of - this box on their form had HX Car Park management Ltd in it. Do I replicate this or put in my details?
    • nosferatu1001
    • By nosferatu1001 29th Jan 19, 5:08 PM
    • 5,007 Posts
    • 6,118 Thanks
    nosferatu1001
    Follow post 2 of the newbies thread.
    BUt it is a little obvious - who is to complete the from? WEll the claimant is told to complete theirs, and you complete yours....
    • Coupon-mad
    • By Coupon-mad 29th Jan 19, 5:11 PM
    • 68,768 Posts
    • 80,996 Thanks
    Coupon-mad
    Thanks, I cannot log into MCOL as they changed something on their system and as I registered prior to the change they cannot help me regain access to it. I can call them which is the only option now. However I have downloaded the form to fill in but I am not sure what I fill in the first field - To be completed by, or on behalf of - this box on their form had HX Car Park management Ltd in it. Do I replicate this or put in my details?
    Originally posted by Dredd786
    Have you read bargepole's post about how to complete the DQ, box by box? It's linked in the NEWBIES thread post #2 (everything about court procedures is there).
    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
    • Dredd786
    • By Dredd786 1st Feb 19, 10:59 AM
    • 20 Posts
    • 6 Thanks
    Dredd786
    N180 filled in as per bargepoles recommendations and emailed to CCBC.

    Do I need to send a copy to Gladstones or does the court do that?
    • nosferatu1001
    • By nosferatu1001 1st Feb 19, 11:48 AM
    • 5,007 Posts
    • 6,118 Thanks
    nosferatu1001
    Both the form AND the instructions on post 2 tell you to send a copy to the claimant.
    I thought you coudlnt email the DQ to the court? WOrth checking.
    • Coupon-mad
    • By Coupon-mad 1st Feb 19, 7:45 PM
    • 68,768 Posts
    • 80,996 Thanks
    Coupon-mad
    Yes you can email the DQ to the court, that's fine.

    Come back when allocated to your local court, to show us your WS and evidence.

    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
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