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letter before claim from Gladstone Solicitors

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  • #16
    Originally posted by ostell View Post
    There's nothing more you can do now. Wait and see what they do next.
    Hi
    I have today received a county court claim form. Kindly advise what to do next.
    Thank you in advance.

    Comment


    • #17
      Originally posted by Twinnies View Post

      Hi
      I have today received a county court claim form. Kindly advise what to do next.
      Thank you in advance.
      Acknowledge the claim.
      https://legalbeagles.info/library/gu...ledge-a-claim/
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #18
        Acknowledge the claim using the details and password on the form. Do not put anything in the defence. This gives you 33 days from the date of issue to get your defence to the court

        you still haven't posted up the redacted PCN

        Comment


        • #19
          Thank you for your replies. They are highly appreciated.
          I have today acknowledged the claim form. Kindly advise me what to do next.

          Many thanks once again.

          Comment


          • #20
            Originally posted by ostell View Post
            Acknowledge the claim using the details and password on the form. Do not put anything in the defence. This gives you 33 days from the date of issue to get your defence to the court

            you still haven't posted up the redacted PCN
            Hi

            Did you mean the attached letter?


            Many thanks

            Attached Files

            Comment


            • #21
              I have also attached some documents which I have got from the IAS appeal. The operator provided documents that do not match with my car details nor the issue date of the penalty charge is correct.

              Kindly have a look.

              Many thanks
              Attached Files

              Comment


              • #22
                So, no period of parking shown on the NtK.
                But they are asserting elsewhere that the driver has been ID'd, so PoFA might not be used.
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #23
                  Originally posted by charitynjw View Post
                  So, no period of parking shown on the NtK.
                  But they are asserting elsewhere that the driver has been ID'd, so PoFA might not be used.
                  Hi

                  Thanks for your reply.
                  I do not understand what you mean. Kindly explain.

                  Many thanks

                  Comment


                  • #24
                    Hi there

                    Ok so firstly do we know what the signage says, if the signs prohibit parking without a permit then youre a tresspasser, you cannot contract in those circumstances.

                    The notice to Keepr relies on para 9 of POFA thats for situations where no ticket was issued, yet i thought they had issued a ticket. The notice seems to miss out some very important information too, especiallty if they want to rely on para 9 of POFA
                    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                    If you need to contact me please email me on Pt@roachpittis.co.uk .

                    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                    You can also follow my blog on consumer credit here.

                    Comment


                    • #25
                      Originally posted by pt2537 View Post
                      Hi there

                      Ok so firstly do we know what the signage says, if the signs prohibit parking without a permit then youre a tresspasser, you cannot contract in those circumstances.

                      The notice to Keepr relies on para 9 of POFA thats for situations where no ticket was issued, yet i thought they had issued a ticket. The notice seems to miss out some very important information too, especiallty if they want to rely on para 9 of POFA


                      Hi

                      Thanks for the reply.

                      I have attached a signage that was provided by the operator to IAS appeal.

                      Kindly advise.

                      Many thanks
                      Attached Files

                      Comment


                      • #26
                        I agree with pt2537
                        That sign is more like the modern equivalent of "Trespassers will be prosecuted" which you used to see back in the day.

                        & in response to one of your posts, the NtK must state a period of parking (not just a discrete time) in order to try & enforce against the registered keeper via PoFA.
                        Unfortunately it would seem that the driver has been ID'd; the parking co can therefore 'abandon' PoFA in favour of trying to enforce against the driver via common law breach of contract.
                        Of course, either scenario requires a sign that is capable of offering a (unilateral) contract......which, imho, that one doesn't.
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • #27
                          Originally posted by charitynjw View Post
                          I agree with pt2537
                          That sign is more like the modern equivalent of "Trespassers will be prosecuted" which you used to see back in the day.

                          & in response to one of your posts, the NtK must state a period of parking (not just a discrete time) in order to try & enforce against the registered keeper via PoFA.
                          Unfortunately it would seem that the driver has been ID'd; the parking co can therefore 'abandon' PoFA in favour of trying to enforce against the driver via common law breach of contract.
                          Of course, either scenario requires a sign that is capable of offering a (unilateral) contract......which, imho, that one doesn't.


                          Hi

                          Thanks for your reply.

                          I still do not understand what you mean. I am very much concerned about this now. Do I have a defence.

                          Thanks

                          Comment


                          • #28
                            Originally posted by Twinnies View Post



                            Hi

                            Thanks for your reply.

                            I still do not understand what you mean. I am very much concerned about this now. Do I have a defence.

                            Thanks
                            Yes, you have a viable defence.

                            1/ The site signs are, imho, not capable of forming a contract with the driver.

                            2/ From the Protection of Freedoms Act 2012, Schedule 4:-

                            9
                            (1) A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

                            (2) The notice must

                            (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

                            (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;
                            https://www.legislation.gov.uk/ukpga...dule/4/enacted

                            On the NtK it only states a discrete time, not a period of time.
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb


                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.


                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • #29
                              It would appear you would have a defence with a reasonable prospect of success, the question really is can you argue the case before the Court?

                              With the right reading and research you can, many have done so, you just need to put in the hours reading up on the cases etc
                              I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                              If you need to contact me please email me on Pt@roachpittis.co.uk .

                              I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                              You can also follow my blog on consumer credit here.

                              Comment


                              • #30
                                Thank you very much for your replies.
                                I am currently drafting a defence, a copy of which I will provide it here for your approval. In the meantime, do I need to make a subject access request in writing. If so, do I address it to CPM?

                                Kindly advise.

                                Regards

                                Comment

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