County Court Claim Form - won

[deeosull]

Hi, Could really do with some advice as feeling overwhelmed. Probably no excuse but I should point out that the parking ticket and subsequent actions all happened during a very difficult personal time so some details may be a bit sketchy. A couple of weeks ago I received a letter before claim from Gladstones. I responded asking them for photographic evidence and copy of pcn so I could provide a response/defence. At that time they offered to settle for £150, which to be honest I probably would have paid if the photographs showed that I could see the signs (i have my doubts). I was away for the last week and came back to a Claim Form in the post. I acknowledged the service form online as advised. I then contacted Gladstone and queried why they hadn't responded to my original letter, I maintain that they have failed to provide me with the opportunity to pay the lower fine of £150 if the photos proved that I parked where I did and signage was clear and instead have increased costs for both myself and the parking company. They disputed this and said that I recieved photos from the parking company and they did not need to provide me with any evidence unless requested to by the Courts. I do not remember recieving any photos, but again will say that this was a very difficult time for me so not entirely 100% sure. Can they do this or do I have a decent defence if it does go to Court to say that they failed to allow me to pay the initial cheaper fine.. or should I just pay up and shut up?
Thanks in advance

[Kati]

Re: County Court Claim Form

tagging [MENTION=5354]mystery1[/MENTION] xx

[mystery1]

Re: County Court Claim Form

Can you sanitise and post the claim form ?

Have you any idea what kind of car park it is ?

M1

[deeosull]

Re: County Court Claim Form

Hi Mystery 1

Thanks for coming back so quickly. I've attached a copy of the Claim form with all information taken out (I hope). With regards to the parking, it pretty much looks like waste ground behind a tanning shop, i was using the hairdressers next door. I've attached a streetview of the are with a blue P where i was parked. I did see the Green Sunrays Parking sign but don't remember seeing the notices, not sure if there was a van or something parked there blocking them or if I just wasnt concentrating and missed them.

As previously said if I'm in the wrong I would have paid up but what annoys me is they wouldn't provide me with the evidence so I could confirm it and pay the lower amount.

D

[mystery1]

Re: County Court Claim Form

Do you have pics of the entrance etc showing the signs or lack of ?

Close ups are good too, of the signs.

Have you filed acknowledgement of service ?

M1

[deeosull]

Re: County Court Claim Form

There is no entrance, the ground is at a junction of two roads, the only signs are the ones I've provided pictures of. It does also say on the signage that cars must be parked between marked bays, there are no markings, does this help?

[deeosull]

Re: County Court Claim Form

Forgot to say that I have filed the acknowledgement of service. Thanks

[mystery1]

Re: County Court Claim Form

Dear Gladstones,


I, as defendant, am in receipt of your court claim number xxxxxxxx in which the claimant is Millennium door and event security limited.


I would like to bring to your attention CPR 16.4 which centres around the contents of the claim form and practice direction 16 particularly 7.5 This case should be repleaded as it is neither concise nor has any information which must be specified.


CPR 16




Contents of the claim form
16.2
(1) The claim form must –
(a) contain a concise statement of the nature of the claim




Contents of the particulars of claim
16.4
(1) Particulars of claim must include –
(a) a concise statement of the facts on which the claimant relies;




Practice direction 16




Other matters to be included in particulars of claim




7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.




Clearly your particulars of claim are woefully inadequate.


In order to ascertain your response and see if i need to take further action i would ask for an extension to the time for filing a defence pursuant to CPR 15.5 and seek the full 28 days extra and look forward to your cooperation on this. Failure to sort out you case or the issues identified will lead me to consider a summary judgement application particularly if time starts to get short.

I look forwards to your timely response within 7 days.


Yours etc


M1

[deeosull]

Re: County Court Claim Form

Thanks M1
I'll send that off today and see what happens
D

[deeosull]

Re: County Court Claim Form

HI M1
Received a response from Gladstones, which I have attached. Any advice as to what I should do next ?

[Amethyst]

Re: County Court Claim Form

Could you type out what it says as the letter is a little teeny tiny xxx

[deeosull]

Re: County Court Claim Form

Hi Amethyst
I noticed that when it was uploaded so I've reuploaded it in a decent size. Thanks for letting me know though.
D

[mystery1]

Re: County Court Claim Form

I don't suppose you qualify for fee remission by any chance ? https://www.gov.uk/government/public...-tribunal-fees

If you did we could make an application, as it's the correct way to deal with this. If you don't it's too expensive to be worth it.

M1

[deeosull]

Re: County Court Claim Form

Afraid not.

[mystery1]

Re: County Court Claim Form

I guess that means we will not be getting a proper response then.

Leave it with me.

M1