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County Court claim form

Disgruntled_parker
Disgruntled_parker Posts: 39 Forumite
Sixth Anniversary 10 Posts
edited 15 June 2019 at 9:45PM in Parking tickets, fines & parking
Hello Everyone,
I'm hoping your able to offer a little help please.
A County Court claim form (Northampton business centre) from Gladstone solicitors acting on behalf of UK Car Park Management Ltd has been received.

Having read numerous threads and guides, the acknowledgement of service has been sent today using the MCOL service.

The basics of the case:
Overstayed ticket duration by 16 Mins

Almost a year ago to the day the driver purchased a ticket for 1 hour at a cost of £1.30.

Approx 2 weeks later a PCN was received through the door with two pictures of the ticket. A digital account of the time the picture was taken is printed on the photo indicating a 16 minute infringement. At that time the keeper promptly (and perhaps naively) placed it in the bin, as was the default protocol the keeper adopted for some years now. Needless to say follow up letters from them, DRP and eventually Gladstone quickly followed, all culminating in the County Court Claim Form received 11/06/19.

The vehicle in question was the keepers car. Others also have access to the car. The keeper does have a disabled relative that the keeper quite often takes shopping, and they may also have been with the keeper at this time.

Particulars of the claim are: £100 for the PCN, £60 contractual costs inc Interest of £12.14 and the obligatory Court fee £25 and 'legal reps' £50 TOTAL £247.14

The keeper is unsure how to form a defence from here or the keepers next course of action. the keeper dosent think the costs are a fair request given the length of time the driver over stayed however, other threads suggest this will not stand up in court.

Any help you can offer would be greatly appreciated
«13456710

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi and welcome.

    You have told us that you received the County Court Claim Form on 11/06/19, but can you please tell us the Issue Date on the Claim Form?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 15 June 2019 at 8:59PM
    your first job is to edit the above unless you wish to use it as a witness statement for Gladrags and UKCPM, in which case email it to them and you can lose due to blabbing about who did what and its pointless helping you further

    the DRIVER parked on the day etc

    the KEEPER received the subsequent letters and paperwork

    only use the words DRIVER and KEEPER, learn to speak with "forked tongue", surely you have heard the words "you have the right to remain silent" ?

    the KEEPER is now the DEFENDANT for this

    the defendant should email a SAR to the DPO at UKCPM asap and get all their docs , pics and data held on said keeper

    post the ISSUE DATE from the top right of the N1 form below

    then get to the NEWBIES FAQ sticky thread, post #2 and draft a defence , starting with the concise defence by member BARGEPOLE, and look up GRACE PERIODS as well, plus that ABUSE OF PROCESS charge too


    post the draft below when ready
  • tboo
    tboo Posts: 1,379 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    At that time I promptly (and perhaps naively) placed it in the bin, as was the default protocol I have adopted for some years now.


    Lets hope you have no more court cases winging there way

    I am unsure how to form a defence from here or my next course of action. I don't think the costs are a fair request given the length of time i over stayed however, other threads suggest this will not stand up in court.

    Any help you can offer would be greatly appreciated


    That boat sank in 2015



    You need to read UKCPM threads to collate a defence
    “You’re only here for a short visit.
    Don’t hurry, don't worry and be sure to smell the flowers along the way.”
    Walter Hagen


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  • Disgruntled_parker
    Disgruntled_parker Posts: 39 Forumite
    Sixth Anniversary 10 Posts
    edited 15 June 2019 at 9:37PM
    Sorry 11/06/19 was the issue date
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    With a Claim Issue Date of 11th June, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 15th July 2019 to file your Defence.

    That's a whole month away. Loads of time to produce a perfect Defence, but don't leave it to the last minute.


    When you are happy with the content, your Defence should be filed via email as suggested here:
      Print your Defence.
    1. Sign it and date it.
    2. Scan the signed document back in and save it as a pdf.
    3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    4. 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'.
    5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
    6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
    7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    The vehicle in question was the keepers car. it was most likely

    still TOO MUCH info in that paragraph

    check all paragraphs and remove unnecessary wordings, especially any that tell the claimant who did what

    never mind about who is on the insurance policy

    I can drive your vehicle on my insurance, as can tens of thousands of other drivers
  • Coupon-mad
    Coupon-mad Posts: 159,603 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The basics of the case:
    Overstayed ticket duration by 16 Mins

    Almost a year ago to the day the driver purchased a ticket for 1 hour at a cost of £1.30.

    Approx 2 weeks later a PCN was received through the door with two pictures of the ticket. A digital account of the time the picture was taken is printed on the photo indicating a 16 minute infringement.
    Do you mean:

    (a) they provided ANPR camera photos as you entered and exited, and the time from that camera is (altogether) 16 minutes more than the time paid for parking?

    or

    (b) they took manual photos of the Pay & Display ticket on your dashboard that had expired 16 minutes before the photos were taken?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • It's scenario B they manually took photos of the ticket on the dash through the window.
  • Redx wrote: »
    your first job is to edit the above unless you wish to use it as a witness statement for Gladrags and UKCPM, in which case email it to them and you can lose due to blabbing about who did what and its pointless helping you further

    the DRIVER parked on the day etc

    the KEEPER received the subsequent letters and paperwork

    only use the words DRIVER and KEEPER, learn to speak with "forked tongue", surely you have heard the words "you have the right to remain silent" ?

    the KEEPER is now the DEFENDANT for this

    the defendant should email a SAR to the DPO at UKCPM asap and get all their docs , pics and data held on said keeper

    post the ISSUE DATE from the top right of the N1 form below

    then get to the NEWBIES FAQ sticky thread, post #2 and draft a defence , starting with the concise defence by member BARGEPOLE, and look up GRACE PERIODS as well, plus that ABUSE OF PROCESS charge too


    post the draft below when ready

    With regards to the SAR. The defendant has just sent a PDF copy to the DPO at UKCPM however, having read though the guidance in the NEWBIES section it suggests the defendant sends a letter to Gladstone also; Requesting restriction of data processing and the case to be put 'on hold'. Is this relevant in this case as it is already at the County Court stage
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