Park Watch/Gladstones claimform - ANPR PCN

[SnakeBiteN64]

Hi all,

 

I have received a court letter for a Gladstone solicitors claim that I have ignored for few months.

I have never received the original charge so the reason for ignoring the letters.

 

In September I have received a court claim of 250 GBP to pay for the unpaid charge of originally £100 (that went up to £160).

The problem is I did not have the reason of this claim except a mere explanation that did not make sense at the time.

 

Beginning of February I have only received the full pakage will all the original charge photos and letters.

Now I understand the fault and want to rectify but I am due to court in march and I am afraid that it is going to cost me much more than I can afford and could pay since the £160 or 250.

 

Is there a way to sort a court claim after being given a court date?

I am willing to even pay the £250 to avoid going to court as I cannot imagine getting out winning and with an affordable charge...

 

please help!

 

Thank you

Edited March 1, 2018 by dx100uk
fine removed

[honeybee13]

Hello and welcome to CAG.

 

I've moved you to the private parking forum, people will be along to help you.

 

Best, HB

[DragonFly1967]

OK, first thing to remember is that it's not a penalty or fine. It's just an invoice in a party frock!

 

If you can please copy and paste the relevant sections of this thread along with your answers back to this thread, and upload everything that you've received to date in PDF format after removing any personal information, case numbers, PCN numbers and any bar or QR codes.

 

That way we can see what we're dealing with.

 

Most importantly, there's a good chance that you will win. Gladrags are notorious for their sloppy work on case preparation for parking charges and we should be able to rip apart their claim without too much trouble.

[dx100uk]

it is NOT A FINE

 

 

please complete this:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***(1-Viewing)-nbsp

[SnakeBiteN64]

Thanks guys!

 

I will do a copy tomorrow at work and remove personal details,

 

Is there a way to avoid court or I have to go for it and fight for a win then?

I think I'm actually in fault there and I do really worry that he could escalate badly...

[dx100uk]

we don't need to see the claimform

just fill out that link given.

 

if defended properly no private parking company

esp backed by Gladstone will ever win a claim!

 

they are utterly useless

[DragonFly1967]

Thanks guys!

 

I will do a copy tomorrow at work and remove personal details,

 

Is there a way to avoid court or I have to go for it and fight for a win then?

I think I'm actually in fault there and I do really worry that he could escalate badly...

 

Now you've got to this stage it's best to go to court and fight it out. If you pay now or go to court and lose it's going to cost you the same amount of money. Don't listen to Gladrags guff about CCJ's etc, that won't happen (if you even lose) as long as you pay up within the time ordered. Usually about 28 days.

 

If you win and claim your costs and they'll owe you money

 

Have you had any witness statements, copies of signage, copies of any NtD's or NtK's that they say have been sent? Those would be useful to see.

[SnakeBiteN64]

name of Claimant: DEFENCE SYSTEMS LTD T/A PARK WATCH

 

Date of issue: 4th Sept 2017

 

What is the claim for – the reason they have issued the claim?

1.The driver of the vehicle registration XXX (the 'vehicle') incurred the parking charge(s) on 08/10/2016 for breaching the terms of parking on the land at One Stop Shopping Centre - camera - Centre management Suite 2 Walsall Road Birmingham UK. B421AA.

2.The defendant was driving the Vehicle and/or in the keeper of the Vehicle

3.AND THE CLAIMANT CLAIMS £160 parking charge / danage and indemnity costs if applicable, together with interest of £10.53 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing to Judgement at £0.04 per day.

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

I have received series of letter from three different company on this topic including one last warning of court pursuit before the court letter was received.

What is the value of the claim?

245.53

Amount claimed 170.53

Court fee 25.00

Legal representative's costs 50.00

Total = 245.53

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?

Parking Invoice

 

When did you enter into the original agreement before or after 2007?

Oct 2016 was the event and then the letters followed

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

It was assigned to a dept purchaser and as changed from DRP to Zenith collection to Gladstone Solicitors

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

I have never received my letter of the so called 'penalty in Oct' however I am aware that they were sent to my previous address.

 

Did you receive a Default Notice from the original creditor?

I am unsure of who would be the original creditor, the claimant has never written to me and the dept purchaser sent at least 12 letters

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

I do not believe so

 

Why did you cease payments?

I have not paid as I hav enever received the original letters and so called claimed so could not understand the reason fo rthose letters

What was the date of your last payment?

no payments were done

Was there a dispute with the original creditor that remains unresolved?

only the parking situation nothing else

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

no

 

I believe I have answered all the questions if anything else is needed please let me know,

 

Thank you,

 

Caroline

[SnakeBiteN64]

Now you've got to this stage it's best to go to court and fight it out. If you pay now or go to court and lose it's going to cost you the same amount of money. Don't listen to Gladrags guff about CCJ's etc, that won't happen (if you even lose) as long as you pay up within the time ordered. Usually about 28 days.

 

If you win and claim your costs and they'll owe you money

 

Have you had any witness statements, copies of signage, copies of any NtD's or NtK's that they say have been sent? Those would be useful to see.

 

I am not sure what NtD's or NtK's means,

But they have sent in February photos of my car in a bay with some signages

[honeybee13]

I am not sure what NtD's or NtK's means,

But they have sent in February photos of my car in a bay with some signages

 

Here's a link to the forum stikky with common abbreviations.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?168275-Posting-in-this-Forum-and-A-Z-of-Motoring-Terms

 

HB

[DragonFly1967]

I am not sure what NtD's or NtK's means,

But they have sent in February photos of my car in a bay with some signages

 

NtD is Notice to Driver (a parking charge on the windscreen)

NtK is Notice to Keeper (a parking charge sent to the vehicle keeper in the post)

[SnakeBiteN64]

Only thing I have is letters,

I never left my car so not NtD and I have never receive the NtK until February's copy in the Clairmant court cas.

The NtK were sent to my old address apparently as per the copy I have seen.

[dx100uk]

why was everything sent to an old address?

you moved and didn't update your V5C?

[SnakeBiteN64]

I have updated it after the incident.

There was not a huge time difference in between when I got a new car, moved and had the incident...

[disgruntled2007]

I have updated it after the incident.

There was not a huge time difference in between when I got a new car, moved and had the incident...

 

You didn’t set up RM redirect?

[SnakeBiteN64]

My mails were changed to my new address, but for the few that were not the landlord was notifying me and I was picking it up.

My car address was changed about a month later.

 

I have never seen the original letters despite this.

 

I cannot tell for sure when I went to my previous landlord to pick up the mails though so in chronology there would be a time gap...

[ericsbrother]

your problem is they will say they snet all of the letters and docs in the correct time and you wont be able to disprove it and the law assumes they are telling the truth.

So tell us what you do have and from whom and list in chronological order according to whatever is dated on the paperwork