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County Court Claim - PCM and Gladstones Sollicitor
da_tnt
post Mon, 13 Aug 2018 - 13:49
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Hi,

Back in October 2017, the following vehicle was parked in a restricted area of a residential development for about half an hour to accept a delivery of beds. Note that the registered keeper owns a flat in the development and have a secure underground parking. The driver needed to be close to the entrance to help with the unloading of bulky items.

The parking is managed by Parking Control Management. The driver has not seen a parking warden and did not get a PCN on the windscreen. Later on, a PCN was sent by post with pictures that seem to have been taken from far away from a CCTV? The PCN is for £100 and would go up to £160 after 28 days. The PCN is issued to the registered keeper of the vehicle.

I have ignored all correspondence regarding this until I received a County Court Claim Form dated 10/08/18. I have acknowledged the claim this morning (13/08) and I am planning to post here my draft defence for some advice. In addition to the £160, the claim adds £50 legal fees, £25 court fees and approx £8.95 interest.

I have attached the original ticket, the claim form, some pictures from the ticket and google maps. I will try and take a closer picture of the signage and post it here.

I am thinking to start with the following items:
1. The Claimant has no standing to bring a case.
2. The signage is not adequate and does not offer a contract with the motorist.
3. Falsified solicitor costs
4. Claimant failed to meet Notice to Keeper obligations
5. Not sure if I can include : "Claim not correctly filed under The Practice Direction"

As I have thrown away all correspondence, I was planning on asking them to send a copy of all correspondence by email.

















Any ideas would be welcome, I will now do more research on previous cases to finish my draft

Thanks

This post has been edited by da_tnt: Mon, 13 Aug 2018 - 19:05
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Posts in this topic
- da_tnt   County Court Claim - PCM and Gladstones Sollicitor   Mon, 13 Aug 2018 - 13:49
- - cabbyman   Jopson v Homeguard (2016) is probably of use to yo...   Mon, 13 Aug 2018 - 13:58
- - da_tnt   thanks, I will read both links.   Mon, 13 Aug 2018 - 14:12
- - ostell   And edit your post so that the identity of the dri...   Mon, 13 Aug 2018 - 14:30
|- - da_tnt   QUOTE (ostell @ Mon, 13 Aug 2018 - 15...   Fri, 7 Sep 2018 - 09:01
- - Eljayjay   I suspect that you have possibly broken a term in ...   Mon, 13 Aug 2018 - 15:48
- - da_tnt   thanks for the info, I will use this in the draft....   Tue, 14 Aug 2018 - 10:16
- - nosferatu1001   Use Tinypic or similar to host the pictures. Easy   Tue, 14 Aug 2018 - 11:39
- - da_tnt   ok i had so much work that i only managed to start...   Thu, 6 Sep 2018 - 17:41
- - nosferatu1001   If you submit no defence you lose, automatically. ...   Thu, 6 Sep 2018 - 17:48
- - Eljayjay   As I understand the situation, this relates to a l...   Thu, 6 Sep 2018 - 19:52
- - da_tnt   Thank you, i will try and also do couple sentences...   Thu, 6 Sep 2018 - 20:58
- - emanresu   The pics look as if they have been taken with a dr...   Fri, 7 Sep 2018 - 05:27
- - da_tnt   below are some extracts of what i think are the re...   Fri, 7 Sep 2018 - 08:18
- - nosferatu1001   NO, you have more than that! You havent found...   Fri, 7 Sep 2018 - 09:39
|- - da_tnt   QUOTE (nosferatu1001 @ Fri, 7 Sep 2018 ...   Fri, 7 Sep 2018 - 13:41
- - nosferatu1001   You have 33 days from date of issue whcih is 10.08...   Fri, 7 Sep 2018 - 13:56
- - kommando   You need to sign a printed copy of the defence and...   Fri, 7 Sep 2018 - 13:57
- - nosferatu1001   Or better Sign a VERY white piece of paper. Scan ...   Fri, 7 Sep 2018 - 13:59
- - da_tnt   ok thanks, I will wait for few comments on the tex...   Fri, 7 Sep 2018 - 14:09
- - Eljayjay   In my opinion, whilst you can include what you lik...   Fri, 7 Sep 2018 - 14:11
|- - da_tnt   QUOTE (Eljayjay @ Fri, 7 Sep 2018 - 15...   Fri, 7 Sep 2018 - 16:35
- - da_tnt   Ok - this is what I hope is the final version, any...   Fri, 7 Sep 2018 - 16:51
- - Eljayjay   Below, I show how I believe your statement of defe...   Fri, 7 Sep 2018 - 19:32
|- - da_tnt   QUOTE (Eljayjay @ Fri, 7 Sep 2018 - 20...   Sat, 8 Sep 2018 - 15:09
- - da_tnt   Hi, I received a letter from the court on 05/11/1...   Fri, 9 Nov 2018 - 12:53
- - nosferatu1001   Well no, of course itt hasnt been struck out. This...   Fri, 9 Nov 2018 - 12:57
- - ostell   It's not struck out yet. Only if they do not ...   Fri, 9 Nov 2018 - 13:04
- - da_tnt   Hi, i called the court and they have paid the fees...   Sun, 30 Dec 2018 - 15:18
- - ostell   You will be at a distinct disadvantage by not atte...   Sun, 30 Dec 2018 - 16:13
- - Redivi   If you do not provide a witness statement, the jud...   Sun, 30 Dec 2018 - 16:24
|- - da_tnt   QUOTE (ostell @ Fri, 9 Nov 2018 - 13...   Tue, 8 Jan 2019 - 20:56
- - Macapaca   Is there a good reason why you cannot attend the h...   Sun, 30 Dec 2018 - 16:26
- - SchoolRunMum   QUOTE ...vehicle was parked in a restricted area o...   Sun, 30 Dec 2018 - 16:44
- - henrik777   http://www.justice.gov.uk/courts/procedure...les/p...   Sun, 30 Dec 2018 - 17:02
- - da_tnt   Thank you for your replies. To be fair i thought t...   Sun, 30 Dec 2018 - 17:33
- - nosferatu1001   It is highly unlikely to be sufficient Attend.   Tue, 1 Jan 2019 - 20:47
- - ostell   You can't post questions in your witness state...   Tue, 1 Jan 2019 - 21:17
- - da_tnt   I am finalising the witness statement but in the m...   Tue, 8 Jan 2019 - 14:59
- - nosferatu1001   Not much effort, a lot of copy and paste you will ...   Tue, 8 Jan 2019 - 15:06
- - da_tnt   attached is the defence statement. Some items are...   Tue, 8 Jan 2019 - 15:46
- - cabbyman   There have been a number of Landlord and Tenant Ac...   Tue, 8 Jan 2019 - 21:00
|- - da_tnt   QUOTE (cabbyman @ Tue, 8 Jan 2019 - 21...   Tue, 8 Jan 2019 - 21:37
- - ostell   But take the full lease to court with you in case ...   Tue, 8 Jan 2019 - 22:28
- - nosferatu1001   So their usual FULL OF ARGUMENTS non-witness state...   Wed, 9 Jan 2019 - 09:35
- - cabbyman   I'm still struggling to see which 'L&T...   Wed, 9 Jan 2019 - 12:37
- - da_tnt   thank you guys , i will let you know of the outcom...   Thu, 10 Jan 2019 - 12:18


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