County Court Claim form received from Gladstones OBO UK car park management

[mulls]

Evening all,

Following your assistance a few years back I managed to defend a CCJ claim from CC company.. thankyou.

However I have just received a claim from the county court courtesy of Gladstones Solicitors on behalf of UK car park management for an apparent unpaid PCN from Feb 2020...

Received a claim? Yes
Issue Date: 8th Sept 2021
Have you Acknowledged the Claim?: will be acknowledging tomorrow morning
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £300
Claimant’s Name: UK Car Park Management LTD
Solicitors Firm: Gladstones
Original Creditor: N/A
Original Debt (eg. Credit card/Loan/Overdraft) : N/A
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
The driver of the vehicle with registration XXXXXX (The vehicle) parked in breach of the terms of parking stipulated on the signage (the contract) at xxxxxxx on xxxx/2020 thus incurring the parking charge (the pcn).
The PCN was not paid within 28 days of issue. The claimant claims the unpaid PCN from the defendant as the driver/keeper of the vehicle. Despite demands being made the defendant has failed to settle their outstanding liability.
The claimant claims £100 for the pCN, £xx for contractual costs and statutory interest of £xxxx at 8% per annum

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): N/A
List any letters you have sent (eg: CCA/ CPR ): CPR letter being drafted tonight, will send tomorrow.. Not sure what SAR is but I guess that goes to the solicitors and the CPR to UK Car Park Management?
Any Other Information or Background Details:

Any assistance or advice gratefully received..

[ostell]

Have you any of the documents to post up?

SAR to the parking company
CPR 31.14 request to Gladstones for all the items mentioned in their PoC, ie the signage that created the contract and the PCN. Templates in the Shortcuts panel on this page.

[mulls]

Have you any of the documents to post up?

SAR to the parking company
CPR 31.14 request to Gladstones for all the items mentioned in their PoC, ie the signage that created the contract and the PCN. Templates in the Shortcuts panel on this page.

Hi Ostell, thanks for your reply.
Which documents do you mean? the claim form? sorry not had enough coffee yet

[MIKE770]

try the top right hand panel......>>>>>>>>>>>>>>>>>>>>

[mulls]

I have this afternoon received reply from Gladstones, this was my CPR to them:

Request for documents mentioned in a statement of case under CPR 31.14

On xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xxxxx.



1. The contract between UK Car Park Management and the landowner that assigns the right to enter into contracts with the public and make claims in their own name.

2. Proof of planning permission granted for signage etc under the Town and Country Planning Act 2007 and photos of this signage

3. Copies of the notice to driver, notice to keeper and any other correspondence from Uk Car Park Management & Gladstones Solicitors to the defendant that they intend to rely upon in court.



They have attached The PCN, final demand and photos of my vehicle in situ. before I post those, their reply was as follows:

Further to your email please find attached Notices and Images taken at the time of the contravention.



In reference to point 1 and point 2, please see response below:



1. Without concession any contract entered at the time of the incident was between you and our Client and therefore the doctrine of 'privity' applies. In view of this it is irrelevant what our Client's agreement with any third party contained. In any event, we confirm that our Client had such authority, but given that the contractual arrangement between our Client and their Client is commercially sensitive, it will only be disclosed should it be necessary for a Court to view it.



2. It is noted you state the Town and Country Planning Act (Control of Advertisements) Regulations 2007 (the ‘Regulations’) require our Client to seek and evidence planning permission in order for it to display signs at the location. This is not accepted.



Whilst it is admitted our Client’s signs are advertisements for the purposes of the Regulations; Our Client’s position is that its signs have been granted deemed consent pursuant to Part 1 of Schedule 3 of the same. Our Client’s signs fall within Class 2A of the Regulations, which requires them to have the following characteristics:



“2A. An advertisement displayed for the purposes of identification, direction or warning, with respect to the land or building on which it is displayed.



2A. – (1) No advertisements may exceed 0.3 square meters in area. (2) Illumination is not permitted. (3) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control. (4) No part of the advertisements may be more than 4.6 metres above ground level, or 3.6 metres in an area of special control.”



As our Client’s signs fall within the category of Class 2A as described above, our Client’s position is consent has already been granted pursuant to its compliance with Part 1, Schedule 3 of the Regulations.



Notwithstanding the above, our Client is required to display signs pursuant to an enactment (i.e. the Protection of Freedoms Act 2012). As a result, our Client’s position is also that advertising consent would not be necessary on the basis of its compliance with regulatory obligations.

Any thoughts? - shall i post the redacted Pcn, final demand and photos in another comment?

thanks