Peter-27
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Everything posted by Peter-27
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Due to a lack of time to allocate to the case, I have settled. I originally suggested £125, they came back suggesting £200, I re-offered £155, they agreed. Case closed. Do appreciate the help all, and would have loved to take the matter further if I had the time to do so. Hoping this thread helps others in the future at the very least.
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I remember the procedure, but nearly all the information would be redacted so I'm not sure the value of doing so. I will happily do it if you think it will help, but the document is 19 pages, so it may a few days for me to do this. I did read a few other threads early on in the case, but not recently admittedly. I would like to assign more time to this, but it's not possible at the moment sadly. I guess I need to weigh up if it's worth the time to potentially save circa £300, or just settle. I'm a very worried about a CCJ. The hearing is on 23/03/2018.
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How will I know if they've paid the courts? Would I get notified? I have received a "pack of information" from Gladstones dated 2nd March that I probably can't show as it's all specific to this case, but it's effectively their defence; the "Claimant's Witness Statement". This contains: -"The agreement authorising my Company to manage parking on the relevant land". - The Sign (i.e. the Contract). - The Site Plan - Notices - Photographs of the incident. The pack also makes references to previous cases. This is somewhat of a unique case because I'm not disputing that I was parked without a permit, I've freely admitted that. However, there was no availability to obtain one at that time. They've made the case in their defence that I should have called the number of the sign before parking, which does seem reasonable. Thoughts? What do you guys think the likely scenario is in this situation? Should I continue to go to court, or settle? Their defence does seem fairly robust. If I were to lose in court, would that be a CCJ?
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Recent communication attached. Admittedly I haven't been particularly proactive during this case, but unfortunately my life is too busy to allocate much time to this issue. In all honesty, I wish I had just paid the original fine now - even though it's clearly unjust. But, we're through the looking glass, so I'll have my day in court, and we'll see what happens.
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Witness statements? Nope. Didn't realise that was a thing in these cases. Surely if they have no cause for action against me, I would win if the case was dealt with on papers alone? Historically, what happens if the case "goes to papers". As for my defence: - No way for me to obtain a permit. - No clarity on who is being sued, owner or keeper. - The parking charge notification is effectively a penalty to deter parking, which is unlawful. - Signs unclear - No response to CPR 31:14 request. As above, if they have no basis for their claim, why can't I go to papers for a quicker resolution?
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An overdue update attached. I assume that "I do not agree that the claim should be dealt with on the papers alone". Gladstones have said they do wish to progress based on papers alone.
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A small update. Communication attached.
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Ahh, gotcha. That's very insightful information, thanks. I'll let you know when there's an update. Really appreciate the help all
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Done and posted. Thank you.
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Okay, so on the N180 form; Question A1 "Do you agree to this case being referred to the Small Claims Mediation Service?" .. I've stated no. Question C1 "Do you agree that the small claims track is the appropriate track for this case?" .. I think this should be a yes, but not 100%? I also need to give a reason if I state no. This form came BOTH from Gladstones, and the county court (I have two copies).
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Please find attached further documentation received from both the courts and the solicitors. Advice/feedback/suggestions welcome.
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The defence were exactly the points we discussed here; as a summary: - No way for me to obtain a permit. - No clarity on who is being sued, owner or keeper. - The parking charge notification is effectively a penalty to deter parking, which is unlawful. - Signs unclear - No response to CPR 31:14 request.
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I did, and I was told that I would have a response the next day. However, I have not heard anything, positive or negative.
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Okay, so while I have understood what you just said . . I am a bit lost about what the next steps are?
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Yep, that was my thinking too, thanks for the response. As an update, I've had nothing back from the solicitors since I made my CPR 31.14 request.
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Forgot they had to be PDF'd, apologies. The "IMPORTANT" sign is on the black gate, which is technically at the entrance, but as the gate is always open, you wouldn't see it unless you're looking around for it. However, this sign is also on the far brick wall, as is the Comprehensive Management Services sign.
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Thanks for the thorough response, and apologies for my delayed reply. A CPR 31.14 request has been sent through to Gladstones, and as it was tracked, I know they received this today (17/10). If the document I previously uploaded is not a NTK, then I have not had one. Apparently, I'm not 100% clear on what this document is .. I have taken pictures of the signs, but I am unable to upload them, I get an error message that simply says: "Please do not" .. Can I upload to a media sharing site and post the link instead?
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As requested; here is the PCN and NTK. I still need to go take pictures of the signage. Will do so tomorrow.
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I didn't. But out of interest, why?
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I have now acknowledged the claim based on dx100uk's advice above. I'll provide the pictures you have asked for tomorrow. Cheers, Peter.
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The only reference to parking I have in my rental documentation is that "rental payments are £xxx.xx inc car". However, I do not have my tenancy agreement and have requested a copy of this. That's extremely comforting to know. Thank you. @DX100UK Thanks for such a detailed post, I sincerely appreciate that. Will follow your instructions, get the letter posted tomorrow, and let you know how it goes. Thanks again. Peter.
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Hello all. New to this forum, just going to copy and paste the template with my answers. Name of the Claimant: Comprehensive Management Services LTD claimants Solicitors: Gladstones Solicitors Limited Date of issue: 25/09/2017 Date of Acknowledgement - 13/10/2017 Date to file defence - 27/10/2017 Particulars of Claim: 1.The driver of the vehicle registration ... (the 'Vehicle') incurred the parking charge(s) on 04/06/2017 for breaching the terms of parking on the land at QUEEN STREET APARTMENTS 2.The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle. 3.AND THE CLAIMANT CLAIMS £160 for Parking Charges / Damages and indemnity costs if applicable, together with interest of £2.91 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing to Judgment at £0.04 per day. What is the value of the claim? £162.91 + £25 Court fee + £50 Legal representative's costs = £237.91 Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Comprehensive Management Services LTD. Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure what "Notice of Assignment" is, I did receive a PCN & a "Letter Before Claim". Full Story - I pay £50 PCM (in addition to rent) to Queen Street Apartments for parking in the car park in question. This is for my can. - As my car had suffered crash damage, and was stationary in the car park, I picked up a rental car (listed in POC) on Saturday 3rd June at 14:46. I have proof of this. It's worth noting that as this was a rental, I was the temporary keeper of the vehicle, but not the owner. - Once arriving at the car park in question with the rental car, I went immediately to the administration office of my building where parking permits are issued. They have previously provided me temporary permits for rental cars in the past, free of charge. - Unfortunately, the office was closed at this time, and as far as I am aware, there is no other way to attain a permit. - As soon as the Queen Street Apartments staff were back in the office on Monday, I immediately obtained the parking permit (it was too late, I already had the parking ticket). I still have the parking permit as proof. - My defence is that I did everything I possibly could have done in order to comply with the regulation, but was unable to do so. As a resident of Queen Street Apartments who pays for a spot in this car park, I was well within my rights for my car to be there - even though a parking permit was not present. I appealed the parking fine with the Independent Appeals Service (using my PCN number), and it was rejected on the basis that they are "only able to look at the lawfulness of the charge and not at any mitigating circumstances". Gladstones Solicitors then sent me a "Letter Before Claim". I responded that I am unwilling to pay on the basis of [what I wrote above]. Now, they sent me the claim form. I would appreciate any advice on how to proceed. While I am happy to fight this (pending your advice), it is a concern that if this goes to court, and I lose, I may have to pay out several thousand pounds in legal fees - at least I read that this is a possibility. I have yet to respond to, or acknowledge, the claim form, although I have until 13/10/2017 to do so. I am not sure if it is worth me defending this, or if I should just pay the money they are requesting?
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