Court Claim - Parking Control Management / - 17-11-2017

[Unregistered]

Received a claim? Yes
Issue Date: 17-11-2017
Amount approx:
Claimant: Parking Control Management
Solicitor: Gladstones Solicitors Ltd
Original Credit:

Particulars of Claim:


Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
This was a parking charge given at a retail park in Gloucester. I am not sure what exactly the charge relates to and which terms have been broken. I received pictures of the back of my car parked next to another car in what was assumed to be a space. The pictures are all of the back of the car and over the space of a 4-5 second period. I have responded twice to letters from the solicitors explaining that they had not met the requirements of the practice direction and pre-action conduct and protocols. I have also told them on both occasions that my home address has changed but they continued to send correspondence to my former address. The county court form also has my former address but with my new postcode. Not sure

I have received county court papers and acknowledged the claim so far but I have to submit my defence by tomorrow (20/12/17) as it will be the 28th day after the date of service. I have looked over a number of sites and have seen that I can include a number of different defences, but I'm not sure which are correct or best for my particular case.

[Kati]

Re: Court Claim - Parking Control Management / - 17-11-2017

tagging [MENTION=5553]charitynjw[/MENTION] [MENTION=39331]ostell[/MENTION]

[mhj]

Re: Court Claim - Parking Control Management / - 17-11-2017

Thanks Kati! I've been scouring the forums and I see there was another member who got a parking charge from the exact same spot but there didn't seem to be any information about specific defence on there

[Kati]

Re: Court Claim - Parking Control Management / - 17-11-2017

Hopefully someone will be along soon xx

[mhj]

Re: Court Claim - Parking Control Management / - 17-11-2017

I have just realised that the particulars of claim don't seem to have posted with the original post. So here they are:

The driver of the vehicle registration ******* (the 'Vehicle') incurred the parking charge(s) on 30/03/2017 for breaching the terms of parking on the land at Whittle Square - Gloucester.

The defendant was driving the Vehicle and/or is the Keeper of the Vehicle.

AND THE CLAIMANT CLAIMS
£160 for Parking Charges / Damages and indemnity costs if applicable, together with interest of £7.13 pursuant to s69 of the County Courts Act 1984 at 8% pa. continuing to Judgement at £0.04 per day.

[charitynjw]

Re: Court Claim - Parking Control Management / - 17-11-2017

Hi mjh

Are you a resident. or visiting a resident at the time?

Have you been in any correspondence with PCM or G/stones...if so has the driver been ID'd at any stage? (Do not ID the driver, even on internet forums, if the answer is 'no').

(Thanks for the nudge, @Kati....& good afternoon to you )

[Kati]

Re: Court Claim - Parking Control Management / - 17-11-2017

afternoon [MENTION=5553]charitynjw[/MENTION] ... it's a retail park xx

[charitynjw]

Re: Court Claim - Parking Control Management / - 17-11-2017

afternoon @charitynjw ... it's a retail park xx

I believe that part of Whittle Square is residential.
Ie http://www.rightmove.co.uk/property-...-33972161.html

[mhj]

Re: Court Claim - Parking Control Management / - 17-11-2017

Hi charitynjw,

thanks for getting back to me so quickly. As Kati rightly says, it's a retail park. I think that when I sent in the initial appeal to the charge that I said someone related to me was driving, but did not mention anyone by name - would this be a problem?

There has been no specification as to what terms have been breached. I have pictures of the signs if you'd like to see them? The car was parked next to another car in what was assumed was a space - there are hardly any clear markings throughout the whole car park to determine what exactly a space is. What is interesting now though is that between the date the charge was administered to now, they have since put up massive banners saying "WARNING. IF YOU PARK HERE YOU ARE AT RISK OF RECEIVING A £60 FINE. DO NOT PARK HERE. PARKING WITHIN A MARKED BAY IS FREE FOR 2 HOURS"

I hope this helps.

- - - Updated - - -

I believe you're both right and that some of it is indeed residential, but it was the retail park which was being visited when the parking charge was incurred

[Kati]

Re: Court Claim - Parking Control Management / - 17-11-2017

any pics you can add will help [MENTION=111213]mhj[/MENTION] xx

[charitynjw]

Re: Court Claim - Parking Control Management / - 17-11-2017

Hi charitynjw,

thanks for getting back to me so quickly. As Kati rightly says, it's a retail park. I think that when I sent in the initial appeal to the charge that I said someone related to me was driving, but did not mention anyone by name - would this be a problem?
No, that's fine

There has been no specification as to what terms have been breached. I have pictures of the signs if you'd like to see them?
Yes please.
The car was parked next to another car in what was assumed was a space - there are hardly any clear markings throughout the whole car park to determine what exactly a space is. What is interesting now though is that between the date the charge was administered to now, they have since put up massive banners saying "WARNING. IF YOU PARK HERE YOU ARE AT RISK OF RECEIVING A £60 FINE. DO NOT PARK HERE. PARKING WITHIN A MARKED BAY IS FREE FOR 2 HOURS"
Do you have any pics of how it was on or around the date of the alleged contravention?

I hope this helps.

- - - Updated - - -

I believe you're both right and that some of it is indeed residential, but it was the retail park which was being visited when the parking charge was incurred

Could you also post up the original postal Notice to Keeper if you have it?
(Front & rear, obscure personal details but leave all dates/times visible).

[mhj]

Re: Court Claim - Parking Control Management / - 17-11-2017

I'm afraid the original notice has been misplaced as we've moved home. The only correspondence I have are letters from Gladstones - A letter before claim and a response to a letter we sent back to them detailing how they hadn't met the practice direction and pre-action conduct & protocols. I will upload pics now.

[Kati]

Re: Court Claim - Parking Control Management / - 17-11-2017

I'm afraid the original notice has been misplaced as we've moved home. The only correspondence I have are letters from Gladstones - A letter before claim and a response to a letter we sent back to them detailing how they hadn't met the practice direction and pre-action conduct & protocols. I will upload pics now.

email them to me if you have any problems redacting/uploading xx

[mhj]

Re: Court Claim - Parking Control Management / - 17-11-2017

Here are pictures taken yesterday of the parking notice sign and the big sign which is now in the space where cars used to park (which wasn't there when the charge was administered)

[charitynjw]

Re: Court Claim - Parking Control Management / - 17-11-2017

http://parking-prankster.blogspot.co...-contract.html

Hence the new sign.