Claim Form - Gladstone Solicitors / PACE Recovery & Storage Limited Options

[letsfightback]

Hi All,

First time on here and so far there seems to be soo much knowledge here so hoping someone can advice best defence and a sense of direction.
car parked in a private land (housing estate), after which a notice to keeper was sent which were ignored. Various other letters came then they stopped. Out of the blue a claim form and acting solicitors are Gladstones. Upon receipt the County court bulk centre to confirmed if it was a real claim form. AOS with full defence


So a few questions.
1. 14 days to respond, responding with AOS on day 1, so does that mean 13 days remaining to submit a defence too?
2. How likely will Gladstones go to court for a sum less than £250?
3. After sending a defence could Gladstones still go to court? and if they do will notification be sent? if notification is sent at that point could a payment be maderather than going to court?


Any help with this will be fantastic. The letter came this week.

This post has been edited by letsfightback: Tue, 13 Nov 2018 - 23:46

Attached thumbnail(s)

 

[Advertisement]

[Albert Ross]

First remove any eyes and whose did the parking. If the driver is not known they can only invoke keeper liability if they adhere to POFA 2012.

1: You have 33 days from issue date to submit your defence.
2: They get paid regardless, so yes.
3: it is a formal fluid process, adhere to the deadlines and have a read through some completed cases here and on MoneySavingExpert and you will see that it is quite hard to foul up.

Take the Claim down as the password is showing.

This post has been edited by Albert Ross: Tue, 13 Nov 2018 - 23:36

[nosferatu1001]

Gladstoners will go to court for any amount, as your research here will have shown you, because THEY GET PAID REGARDLESS

its their clients who foot the bill when it (usuallY) goes wrong.

[Jlc]

It's all roboclaim stuff. The good old days of them backing them down when presented with a defence are long gone.

Unless their client wants to discontinue then it will plough ahead quite possibly to a hearing. The majority back down when faced with a real claim so it's still very profitable to let some go all the way. (After all they don't want to be seen to be 'misusing' HMCTS)

You can settle at any point, even right up to court doors.

They are still winnable but there's no guarantees. Ignoring them has you on the back foot but if you want to defend you need to start pulling your defence together. There may be an argument of trespass, did they meet keeper liability requirements?

[cabbyman]

What does a sign by Ace Security Services have to do with a claim by Pace Recovery and Storage Ltd?

[ManxRed]

What does a sign by Ace Security Services have to do with a claim by Pace Recovery and Storage Ltd?

It's their trading name.

I can just about make that out in the small print on the bottom of the sign.

This post has been edited by ManxRed: Wed, 14 Nov 2018 - 15:27

[letsfightback]

So what could a good defence?

[Jlc]

So what could a good defence?

The driver didn’t breach the terms.
The operators do not have sufficient rights granted to them by the landholder.
Insufficient signage. (Possibly forbidding and not offering a contract)
Lack of keeper liability.

This post has been edited by Jlc: Wed, 14 Nov 2018 - 18:52

[letsfightback]

Hi there,

Thank you for that.

Is there a template somewhere I could use?

How likely will this defence be granted?

And let’s say the defence is granted what happens next?

[Jlc]

That was only a list of items that could constitute a defence - I can't comment on whether these elements are true in your situation.

Defences aren't 'granted' - in the normal course of events the matter will go to a hearing. You should familiarise yourself ASAP with the MCOL process.

[SchoolRunMum]

You need to read other similar threads. Tons of examples here, and also residential defence templates are on MSE in the 2nd post here:

https://forums.moneysavingexpert.com/showth...d.php?t=4816822

car parked in a private land (housing estate),

Your estate, where you are a tenant or leasehold owner of a flat? Show us your lease.

DO NOT be steered by anyone who sends you a pm offering to help off forum, or by someone dominating all the residential cases with half baked templates about counter claims.