letter before claim from Gladstone Solicitors

[Twinnies]

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.

[charitynjw]

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/

[ostell]

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

[Twinnies]

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.

[Twinnies]

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

[Twinnies]

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

[charitynjw]

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.

[Twinnies]

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

[pt2537]

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

[Twinnies]

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

[charitynjw]

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.

[Twinnies]

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

[charitynjw]

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.

[pt2537]

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

[Twinnies]

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