DSL/PW/Gladstones vanishing Windscreen PCN Claimform - disabled bay - NEW MERSEY SHOPPING PARK - PUBLIC- SPEKE ROAD LIVERPOOL L24 8QB

[Cazza84]

Hi everyone, 
Help! 
I’ve just received a Claim Form from the County Court regarding a PCN issued originally in 8th February 2018 by Defence Systems Ltd.

 

To my recollection I have never received any fine letters.

 

It states the PCN was issued because I was parked in a disabled bay at my local retail park.

 

It states the original fine of £100 wasn't paid and now have a County court letter to pay a £315 fine.

 

The letter was issued 9th Aug but have just returned from holiday today so have 7 days left to figure out what I do.

 

 Any advice would be greatly appreciated.

[dx100uk]

it is NOT A FINE!!

nowhere does any communication use that word...

its a speculative invoice

 

please complete this

 

and scan up bothsides of any previous letters to one mass PDF

read our upload guide carefully

 

dx

 

[brassnecked]

Please fill in the sticky linked in DX's reply post, then the Team can look at how to defend this, and yes its not and never can be a FINE, but unlike a speeding fine a CCJ  will trash your credit rating so please provide the information requested in the sticky.

[FTMDave]

Please be clear about what you've received because it makes a massive amount of difference and the clock is ticking.

 

What exactly is this £315 demand?  Is it a county court judgement?  It would be massively helpful if you could upload the first page.

 

Plus have you moved since February 2018?  Could that explain letters going missing?

[Cazza84]

Which Court have you received the claim from ? county Court Business Centre

Northampton

 

Name of the Claimant :

Defence Systems Limited T/A Park Watch

 

Claimants Solicitors: 

Gladstone Solicitors Limited 

Warrington

 

Date of issue – 

Date 9th Aug 2022

 

Date for AOS - submitted acknowledgement 17/08/2022

 

Date to submit Defence - 

 

What is the claim for 

1. parked in breach of the terms of the parking stipulated on the signage (the contract) at NEW MERSEY SHOPPING PARK - PUBLIC- SPEKE ROAD LIVERPOOL L24 8QB, on 08/02/2018, thus incurring the parking charge (the PCN).

 

2. The PCN was not paid within 28days of issue. The claimant claims the unpaid PCN from the defendant as the driver/keeper of the vehicle.

 

3. Despite demands being made, the defendant has failed to settle their outstanding liability.

 

5. The claimant claims £100 for the PCN , £70 contractual costs pursuant of the contract and PCN terms and conditions,  together with statutory interest of £60.13 pursuant to s69 of the county courts act 1984 at 8.00% per annum, continuing at £0.04 per day.

 

What is the value of the claim?

£315.13

 

Amount Claimed £230.13

court fees £35.00

legal rep fees £50.00

Total Amount £315.13

 

.............

 

No I haven't moved, I have never received any letters.

I will get the document uploaded today

 

 

Edited August 17, 2022 by dx100uk
unnecessary previous post quote removed

[FTMDave]

OK, "good" news.  You haven't lost a court case as I'd feared.  However, you are involved in one.

 

I see you've already done Acknowledgement of Service.  Well done.  That buys you extra time to prepare your defence.

 

Despite what I wrote earlier we don't need an upload of the claim form - they're all the same.  We needed the Particulars of Claim, which you've provided.

[FTMDave]

So two obvious questions.

 

Are you really, absolutely sure the letters haven't gone to a previous address?  The private parking companies, parasites though they are, do send out several letters before starting a court case.  Gladstones solicitors, crooks though they are, always send a Letter of Claim before starting a claim.

 

I know it's nearly five years ago, but can you remember anything about how you could have got the ticket in your local retail park?

[dx100uk]

get a CPR 31:14 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim

type your name ONLY

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.

………….
 

[Cazza84]

I remember speaking to a lady completing a customer satisfaction questionnaire at the time, 

 

I'd just had a baby and said as the retail park was being made larger they had removed parent child spaces 

 

she informed me to park in the old bays which had yet been painted as disabled.

 

There was never a ticket placed on my car.

 

I possibly could have received a letter but as I said I had just had a baby, we where in the process of moving (didn't actually move in the end).

 

I have not previously received anything from Gladstone Solicitors about a letter of claim. 

Edited August 17, 2022 by dx100uk
unnecessary previous post quote removed

[brassnecked]

That amount looks dodgy,  £60 INTEREST?  Did you out yourself as the Driver?  Are they suing you  as Driver or keeper?

[dx100uk]

Just type .no need to keep hitting quote.. it makes the thread twice as long .

 

Thread tidied 

 

Something is not right here,

 

when did you last move?

 

Is the car registered on the V5C in your name?

 

And always has been?

 

As there are probably about 10 letters from various scammers gone missing 

 

As this was an operator capture there should have been a windscreen ticket.

 

And any letters sent should not have been sent until 29 days had expired.

 

So there exhibits when it / if it ever gets to the disclosure stage will be very interesting!!

 

I have a feeling this could be discontinued before then 

 

They were hoping you would wet yourself and cough up 

 

They have waited almost till the claim is statute barred to run up the interest 

 

Wondering if in this case an SAR to the claimant might be fun!!!

 

Dx

[brassnecked]

Could be for sure that SAR might be interesting leaving it so long also does them no favours.

[Cazza84]

dx100uk there was never a ticket on my windscreen.

 

We were meant to move in September 2018 but it all fell through so still live at the same address.

 

I sold the car in question in August 2019, it was registered in my name. 

 

I did panic last night when I received the letter, I've had a sleepless night and just want it gone so did think about paying it.

[dx100uk]

No that's why we call them vanishing windscreen tickets and another reason why they leave things for as long as possible, people move, people forget, paperwork gets destroyed.

 

As I say, this could get interesting later on .

 

Dx

[lookinforinfo]

As they are a nasty venal bunch of scrotes [I am in a good mood today so being kind to them ] do you not think that if they had a strong case against you they would have taken you to Court long ago?

 

Well remembered about the questionnaire-that should help your case. I don't suppose you can remember what company was asking the questions.

[brassnecked]

Yes it does smell of the make them wet themselves so they will pay up the overinfl;ated syum, and the interest they should not have as thery left it until last minute to make claim. Wonder if the Code of practice and its inevitable impact means they are sifting old invoices to try it on before their pig killed for them?

[FTMDave]

I agree with the others.  As well as sending the CPR request to the solicitors, send a SAR to Defence Systems Ltd.  This will at least let you get to the bottom of what went on and which address they've been writing to.  Stick in some I.D. like a council tax bill otherwise they will use lack of I.D. to delay compliance.  Get free Certificates of Posting from the post office for both.