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Gladstones County Court Claim

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  • Gladstones County Court Claim

    Gladstones have sent me a County Court Claim Form dated 6th Jan 2020. Which gives me 7 days on Monday 13th*Jan 2020 to respond. I have registered with MCOL and going on the advice from various posts I’d like to defend my case if in fact its worthwhile in this instance. At this stage I intend to respond with Acknowledgement of Service giving me 28 days to draft and return my defence.
    This all stems from a 'failure to display a valid parking ticket' at my place of employment on 23rd Feb 2018. I had actually purchased a rub off ticket for that day at a cost of 50p although I did rub off the March month in error instead of the Feb the date of the 23rd was correct..I did actually purchase a ticket for the day in question –although it’s irrelevant from their POV.

    I ignored threatening letters from One Parking Solution LTD and heard nothing from them after approx June 2018. Then of course Gladstones get involved sending me unsigned letters in Nov 2019 which I duly ignored. As expected they issued a County Court Claim against me this week with the added fees, this being Court fee £25 and Legal Rep costs £60.
    *
    • So, I would like some advice on what the strength of my defence actually has if any and how I should structure my written defence .
    • Also what would I expect after I send my defence? Will I be expected to attend court or is the defence *decided upon by them independently?
    • Would I incur any added costs if my defence is rejected?
    *
    Any advice warmly appreciated.
    Thanks in advance.
    *
    Tags: None

  • #2
    So you need to show us the redacted original PCN you received and photos of the signs. Also edit so that the identity of the driver cannot be inferred.

    So your defence would be that you paid for your parking and a minor error should not detract from that. Showing the month of March in February should have told them there was a minor error.

    You send your defence and then One Parking decide if they are going to continue. to court.* You will be expected to attend court if it gets that far but that would be a long time in the future. There will be additional costs, about £75

    Comment


    • #3
      Originally posted by ostell View Post
      So you need to show us the redacted original PCN you received and photos of the signs. Also edit so that the identity of the driver cannot be inferred.

      So your defence would be that you paid for your parking and a minor error should not detract from that. Showing the month of March in February should have told them there was a minor error.

      You send your defence and then One Parking decide if they are going to continue. to court. You will be expected to attend court if it gets that far but that would be a long time in the future. There will be additional costs, about £75
      Thanks for the quick reply.*

      I explained the minor error when I first had the PCN but they rejected it. Its my understanding that One Parking have sold the 'debt' to Gladstones so would not now have anything to do with decision making. I have mislaid the PCN as it's nearly 2 years ago. I can obtain pics of the signs however.

      Comment


      • #4
        They have not sold the debt, they are not allowed to by their KADOE contract with the DVLA.* Gladstones are solicitors.

        A letter to Gladstones demanding copies of all the documents that they intend to rely on in court in order to reduce the issues between you, as expected by the court.* You expect this by return and in any case with 7 days.

        SAR to One Parking requesting all documents they hold about you and your car.

        Comment


        • #5
          Originally posted by ostell View Post
          They have not sold the debt, they are not allowed to by their KADOE contract with the DVLA. Gladstones are solicitors.

          A letter to Gladstones demanding copies of all the documents that they intend to rely on in court in order to reduce the issues between you, as expected by the court. You expect this by return and in any case with 7 days.

          SAR to One Parking requesting all documents they hold about you and your car.
          Hi
          So you recommend an actual letter rather than contacting them on their website? Thanks.

          Comment


          • #6
            Yes, with free certificate of posting from a post office.* Keep a paper trail.

            Comment


            • #7
              Thanks.

              Comment


              • #8
                Hi Ostell. *Sent SAR to One Parking requesting all documents they hold on me and used the cert of posting. I've attached the parking signs. My AoS has been acknowledged via the Money Claim.Gov. on 13/1/20.My defence so far is looking like this;
                1. A ticket was indeed purchased and displayed on 23/2/18. As a consequence no party was financially disadvantaged.
                2. Should I contest the additional charges that being £25 AND £60 as Abuse of Service?
                3. Should I say something about the car park being private land and the NPC is an invoice and not a fine? How should I strengthen my defence? Thanks.
                Attached Files

                Comment


                • #9
                  .............
                  Last edited by staatsgrenze; 27th January 2020, 19:24:PM.

                  Comment

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