CCJ - Parking Control Management

[HelpCCJ]

Hi all,

Hoping I can get some help with a claim form that came through the post today.

It is a claim for from Parking Control Management (Claiment) and looks like it is being handled by Gladstone Solicitors.

According to the particulars of the claim, they relate to a parking fine from Dec 2015. The strange thing is, I have had no letter or fine from either Parking Control Management or Gladstone solicitors. I have double checked all post I've had the last few months and nothing.

I have been on the Parking Control Management site and entered the parking fine number and my reg. The fine relates to a stop outside a store, on the double yellow line. Claim amount is £150, court fee £25. Legal fees £50. Total £225

The car was literally stationary for about 30 and driver didnt get out of the car. Passenger was waiting outside shop with child. Car pulled up, passenger put child in the back, passenger got into the front and and car drove off. The pics on the Parking Management site basically show one pic of the door open and the other pics of the car moving away.

I have files an AOS online so I guess have 28 days to put in a defence. I am hoping someone can help me with the defence. I cannot see how they can charge so much for a stop of literally 30-45 seconds. During that time, no car came in behind or in front. The car didn't obstruct anyone as no one was there during the timeitI was stationary. Will a defence like that be plausible?

Any help would be highly appreciated.

[HelpCCJ]

Re: CCJ - Parking Control Management

Having just checked the photo evidence again, it shows I was stationary for 11 seconds or so !!!

[mystery1]

Re: CCJ - Parking Control Management

Can you scan up the claim form and anything else you have (suitably sanitised).

Pictures from the site including readable ones of the signs, would be very advantageous too.

M1

[HelpCCJ]

Re: CCJ - Parking Control Management

Will get these scanned and uploaded tomorrow from the office. Thank you for the response.

[HelpCCJ]

Re: CCJ - Parking Control Management

Will get these scanned and uploaded tomorrow from the office. Thank you for the response.

This is the claim form that was sent. As mentioned earlier, I have not received any other letters from Parking Control Management, or Gladstone Solicitors. The only way I even knew what the charge related to was by going onto the Parking Control site and entering the details in the particulars of claim (which I have blanked out in the image).

I would be very grateful if someone can let me know what the next step is. I have already files AOS online. How do I go about finding out from DVLA when my details were obtained?

[mystery1]

Re: CCJ - Parking Control Management

Bit short of time for today and tomorrow so i'll copy the advice from http://legalbeagles.info/forums/show...es-Court-Claim


That's pretty shite but at £255 to make the application it deserves we'll just need to plod along regardless.


1. File acknowledgement of service.


2. Contact Gladstones and ask them to replead their case as it fails to comply with cpr 16.4 https://www.justice.gov.uk/courts/pr...es/part16#16.4 pracitice direction 16 7.5 https://www.justice.gov.uk/courts/pr.../pd_part16#7.1


3. Have you any idea where this took place ? Signage pictures would be very handy. The actual PCN is also super important.


M1

[HelpCCJ]

Re: CCJ - Parking Control Management

Bit short of time for today and tomorrow so i'll copy the advice from http://legalbeagles.info/forums/show...es-Court-Claim


That's pretty shite but at £255 to make the application it deserves we'll just need to plod along regardless.


1. File acknowledgement of service.


2. Contact Gladstones and ask them to replead their case as it fails to comply with cpr 16.4 https://www.justice.gov.uk/courts/pr...es/part16#16.4 pracitice direction 16 7.5 https://www.justice.gov.uk/courts/pr.../pd_part16#7.1


3. Have you any idea where this took place ? Signage pictures would be very handy. The actual PCN is also super important.


M1

Hi,

Thanks for the response.

Sorry but I did not undertstand the comment 'That's pretty shite but at £255 to make the application it deserves we'll just need to plod along regardless'.

Yes I know where the event occured and I will pop over tomorrow and take pics of the sign. When you say the actual PCN is important, what do you mean? I did not receive anything else but I can see the photo evidence on the Parking Control Site and it states 'Parked outside of a marked bay / on restricted roadway / landscaped / paved areas or causing an obstruction or inconvenience to others'.

[mystery1]

Re: CCJ - Parking Control Management

The claim is so bad a random person wouldn't understand it which means an application to force them to make it better or the claim is struck out is technically the best thing to do. As the application would cost £255 it's not worth it for a claim of this size.

M1

[HelpCCJ]

Re: CCJ - Parking Control Management

Just to give an update.

I called Gladstone today and asked if they had received my email asking them to re-plead the case as it fails to comply with cpr 16.4 and pracitice direction 16 7.5.

They confirmed receipt of the email and said that they would not replead as it was their view that the particulars of the claim were fine and I should seek my own legal advice as to how to proceed with the case against me. I did try and explain that the particulars gave no details and were not done correctly and was told that that was my opinion and I was entitled to it but they were of the opposite view and won't replead,

Where does that leave me with the defence. As far as the particulars go, I would have no idea what I was defending so not sure on the next step

[mystery1]

Re: CCJ - Parking Control Management

If you ignore the £££ the absolute best follow up is an application to the courts to force them to comply with said rules or have the claim struck out. Sadly for such a low level claim £255 is only on the radar of those who are comfortable with finances of this scale or people who understand the legal points and are pretty confident in getting awarded their costs of the application due to the unreasonable behaviour of the claimant.

The most pragmatic way to deal with it for most people is to bring it to the attention of the court via the defence but this does not guarantee the court will help out.

I suggested the below to another in the same boat.

1. I am the Defendant, xxxxx, DOB xx/xx/xxxx, and reside at xxxxxxxxx
2. Save as specifically admitted in this defence the Defendant denieseach and every allegation set out in the Particulars of Claim, orimplied in Pre action correspondence.
3. The Defendant is embarrassed in pleading to the Particulars ofClaim as it stands at present, inter alia: -
The Claimant’s Particulars of Claim disclose no legal cause ofaction and they are embarrassing to the Defendant as the Claimant'sstatement of case is insufficiently particularised and does notcomply or even attempt to comply with CPR part 16 and practicedirection 16 7.5. In this regard I wish to draw the Courts attentionto the following matters;
(a) The Particulars of Claim are vague and insufficient and do notdisclose an adequate statement of facts relating to or proceeding thealleged cause of action. No particulars are offered in relation tothe nature of the any agreement. the method the Claimant calculatedany outstanding sums due, how they became due, or any other mattersnecessary to substantiate the Claimant's claim.
(b) Upon receipt of the claim the claimant was contacted by thedefendant and asked to replead the claim to correct the deficiencies,but refused to do so.
(c) The over riding objective of the CPRs dictates that the caseshould be handled at a proportionate cost. The defendant recognisesthis duty and refrains from making an application for summaryjudgement at a cost which exceeds the claims value but asks the courtto strike the claim out under it’s powers, of it’s own motion.
4. The particulars of claim state :- --date--description-amount-duedate 160915 xxxxxxxxxxxx £150. The defendant can neither admit nordeny this as it is unintelligible. If the £150 is for a parkingcharge then it is submitted that it is a penalty which isunenforceable in law and exceeds the stated maximum of the accreditedtrade association.
5. The claimant is put to strict proof that they are entitled to £150plus interest as claimed. The defendant did not enter a contract.

Statement of Truth

I believe that the facts stated in this Defence are true.

Dated this 4th day of May 2016




I'd take that and edit to suit, i think.

M1

[HelpCCJ]

Re: CCJ - Parking Control Management

Thank you very much [MENTION=5354]mystery1[/MENTION]

I will submit that and hope for the best

[HelpCCJ]

Re: CCJ - Parking Control Management

Hi [MENTION=5354]mystery1[/MENTION]

Hoping for a little guidance. I have submitted the defence and received an email from Gladstone Solicitors with the direction questionaire and special direction (requesting for the case to be dealt with on papers).

I have seen that another user is in the same position as me so I copied the response and emailed the solicitor back. as you instructed [MENTION=79665]TikiJnr[/MENTION].

I am just filling in the Direction questionaire that the courts posted me and did not see anything for me to fill in or tick to refuse the case being seen on papers. Do I need to write a cover note or just fill in the questionare and for 'hearing venue' just put my local court. I'm guessing from that they will see that I want to go to court? I just dont want to fill it in and not dispute a paper trial and then its seen on papers, hope that makes sense.

Looking forward to your response. Thanks for all your help so far

[mystery1]

Re: CCJ - Parking Control Management

I would do both.

Part of the reason that you'd want to go to court is that the papers as they stand are incapable of giving a judge any clue as to the facts of the case and it would appear they wish to submit their case via a paper argument and witness statements. How can you build a defence when this would no doubt be sent last minute ? Make sure the cover letter covers that.

M1

[HelpCCJ]

Re: CCJ - Parking Control Management

Hey all,

Just an update for everyone as its been a while since I posted.

I submitted the defence as suggested in this thread. I now have a court date set at my local court for sometime in December.

A few days ago I received an email from Gladstone with an attachment. This attachment was the bundle of the clients witness statement and pics etc. I will blank out the personal info and put it up as soon as I get a minute.

So where do I stand with this at the moment. My initial defence was how inadequate the POC was but the statement is all about the so called offence etc. They also address the defence directly and say they reject the claim that the POC is inadequate. [MENTION=5354]mystery1[/MENTION] any idea what will happen next? Should I be preparing a case against the actual alleged offence now as well?

[mystery1]

Re: CCJ - Parking Control Management

Once it's posted i'll get back to you. Don't panic.

M1