Euro/gladstones PCN claimform - Chamberlain Buildings ***Claim Dismissed***

[Rincon]

Sorry if this has been covered.

 

CHAMBERLAIN BUILDINGS.

Driver received Claim Form. Claimant EURO etc...

Address for documents: GLADSTONES etc...

Top right hand page: COUNTY COURT NORTHANTS etc ..

 

This will be defended but firstly who should I respond to, if anybody?

 

Parked for less than 5 minutes outside of bay(no ticket required) Insufficient time to read signage detailing 'contract'

Operative had no id or uniform and proceeded to take a couple of pics of vehicle. Unsure who he was initially.

 

Then POC £100 for PCN; £60 Contractual costs and then statutory interest .

 

Grateful for any advice please.

[renegadeimp]

  You need to take the time to read other relevant threads on this forum. They are exactly like yours.

You go online using the details on the form.   You acknowledge the claim form,  say you will defend all, do not tick contest jurisdiction, then click through until the end and click save.

This gives you a couple of weeks to prepare a defence.  You also need to send the relevant CPR request to gladstones.

[ericsbrother]

we will guide you through all of this tell us the details of dates, times place etc and what paperwork you have received and when and what if any you have sent to them. saying nothing to them until this point may actually work out in your favour.

 

you also say DRIVER received claim form, explain as they send it to keeper unless driver has been named.

[Rincon]

New thread hopefully as instructed

 

FAMILY MEMBER RECEIVED THE FOLLOWING:

 

PARKING CHARGE NOTICE 09/18

NOTICE TO KEEPER

 

FINAL REMINDER 10/18

 

LETTER BEFORE COURT ACTION 11/18

 

LETTER BEFORE CLAIM 02/19

 

CLAIM FORM 04/19

 

DEFENCE:

NO OPPORTUNITY TO READ AND MAKE A JUDGEMENT DURING THE TIME PARKED(Less than 5 minutes)

UNSURE WHO  THE PERSON WITH THE CAMERA PHONE WAS, NO ID OR UNIFORM. MAY BE A STALKER?

 

Unable to pay too much attention to this bullying as during this time her mother(my wife) was diagnosed with terminal cancer and passed away 5 weeks ago. The last point probably not relevant legally but important to us.

 

Any guidance much appreciated thanks..

[honeybee13]

Hello and welcome to CAG.

 

I'm very sorry to hear about your wife, please accept CAG's condolences.

 

If you could bear with us for a little while, I'm sure the experts will be along to comment. Don't worry too much about this, it can normally be resolved one way or another but please don't do anything until the guys give you some answers.

 

Best, HB

[shamrocker]

Sorry to hear of your loss.

 

I'd be surprised if the parking company haven't made a dog's dinner of this. First, you need to read this thread and then post the answers to your questions here:

 

[dx100uk]

well if they parked for less than 10 mins minimum [there is no max] the claim is dead in the water .

 

what date did you file your defence please?

 

[brassnecked]

Have you acknowledged the claim online?, that is by far the best way, acknowledgement is to the County Court.

[Rincon]

what date did you file your defence please?

 

10 hours ago, dx100uk said:

well if they parked for less than 10 mins minimum [there is no max] the claim is dead in the water .

 

what date did you file your defence please?

We have ignored everything to date. Where may I reference this 10 minutes rule thanks?

 

When we have a robust defence, who do we submit it to? It's not clear- GLADSTONES or the COUNTY COURT?

 

11 hours ago, shamrocker said:

Sorry to hear of your loss.

 

I'd be surprised if the parking company haven't made a dog's dinner of this. First, you need to read this thread and then post the answers to your questions here:

 

A lot of information but I will trawl thro' it. Thank you.

We haven't responded to anyone to date by the way.

Next  task. Thanks for your advice.

[dx100uk]

please complete this:

 

 

[ericsbrother]

You file your defence with the court.

copy to Gladstones is recommended as good procedure but not compulsory if you are filing online.

 

You acknowledge the claim within 12 days of ts receipt and then get an outline of your defence in within a further 14 days of the cut off for acknowledgement within 4 weeks fo the date the claim form fell on your doorstep.

 

the outline defence is OK for the first point, the second is irrelevant as it isnt a regulated activity unlike council parking  officers or door security. I would state that no lawful contract was offered at the time so there is no cause for action in this matter.

 

We can help you add meat to the bones of that argument when you have to do your witness statement but in the meanwhile pictures of the entrance to the land from the public highway and pictures of the signage ther will aid us enormously as the chances are they have made mistakes in the offer so you cant have been deemed to have accepted.

 

Gladstoes will have used a generic roboclaim layout so it wont have any detail and that helps you as you can rubbish it later as well. Chances are once you file a full defence they will drop the cvlai because they wont want to spend money on somehting where the chances of winning are slim.

 

they have lied about the amount of the claim (added costs that aren't allowed under law) and they use that uplift to do things on the cheap so funding a day out isnt in their plans

[Rincon]

What is the CPR? CIVIL PROCEDURE RULES...

[dx100uk]

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.
.
 
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
 

[Rincon]

Have filed claim via MCOL with COUNTY COURT. Daughters details(defendant) through my Gateway account.

 

Will using GLADSTONES enquiry email address suffice, for the PCR, as I can't find anything more specific, ie litigation?

[shamrocker]

Send the CPR request by post - get free proof of posting from the post office. Don't give them your email address needlessly.

 

Question for all - have Gladstones ever complied with any CPR requests that you know of?

[brassnecked]

Gladstones will not likely comply with CPR, but that is more ammunition for you. Email is never a good idea as it gives them the opportunity to serve or give stuff to you at 11:55pm the day before a hearing and will swear blind you had the info in time.  they are devious.

[shamrocker]

I only asked the question because I'm assisting someone "off-site" with defending a claim by them.

 

Lo and behold, Gladstones have complied (albeit "Without Prejudice save as to costs") and given until a certain date to pay a F&F reduced settlement. By that date, the claim should be stayed. I'm assuming it's a final throw of the dice.

 

I did note on someone else's thread just a while ago that they've also complied with a CPR request - in part, at least.

 

Anyway, sorry to digress from the OP's thread.

[lookinforinfo]

Thanks for that Shamrocker. The obvious conclusion is when they don't respond at all that there are too many points missing that  damage their case. It also speaks volumes when they only comply in part to the CPR request.

[Rincon]

Ericsbrother: visited area on foot and was unable to take a picture of signage,(my phone) however you need to get up close to read it.

 

One phrase says 'no grace period given' how are you supposed to read it without getting out of a vehicle?

 

i noticed a couple sitting in an unmarked bay, however it seems they may be able to take aerial photos'

[brassnecked]

No Grace given?  That of itself is unfair, so any alleged contract could well be void on that head alone.  Really need pics if possible, there is likely something else they have shot themselves in the foot with also in there.

[Rincon]

Will get pics soon. Phone failed me.

[ericsbrother]

yep,

a contract that breaks the law isnt a contract.

Unfair under S62 of the Consumer rights Act as well.

 

You will need pictures of everything,

in detail and also how it appears from the drivers point of view.

 

if ther are no signs at the entrance of the car park then we want pictures of the entrance to show that there are no signs.

that will be more damning than the detail of some small notice halfway up a back wall

 

now for details of the letters ect.

We need exact times and dates for the event,

dates for when they issued the NTK and

when it arrived as these are prescribed by law.

 

What do you have as far as what they sent out. If you dont have the original NTK (first demand) then you will need to ask for sight of it as part of the CPR 31.14 request

 

as daughter is defendant it must be her that signs off everything even if you are doing the legwork.

you can be her lay rep on the day if it gets that far, probably wont

[Rincon]

Ericsbrother: Thank you for the update.

 

I have all the paperwork and I will get you the pictures you require shortly. I am 'without car' currently and it was an 11 mile round trip on foot on Tuesday to discover my phone would not work!!

 

The point about my daughter. I logged the claim via my Gateway account but obviously put all her details in regarding the "offence" and the claim.

[brassnecked]

It's not an Offence, it's a Civil invoice.

[Rincon]

Brassnecked: I know, hence the quotation marks. A hopeful, not particularly civil but offensive invoice at that.

Seriously, I'm grateful for your help.