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Gladestone Solicitors - Defence Help
superbowl
post Tue, 5 Nov 2019 - 19:31
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Hi Guys,

I’m new to this forum and would really appreciate some insight. Over the years the defendant has racked up a lot of “parking charge notices” which I have subsequently ignored. You guys know the spiel, they send you multiple letters masquerading themselves as the real deal, eventually sending multiple letters from different collections agencies that ultimately all operate together.

The defendant recently received two County Claim Forms, one from BW Legal and one from Gladstones Solicitors to the tune of ~ £250 each. One idea the defendant had was that their name is incorrectly spelled by 1 letter (Not real example: Alexawder instead of Alexander), as the idiot who typed it into the DVLA database from my V5C obviously got it wrong (My handwriting is legible). One idea they had was to say that I don’t read any correspondence that has my name wrong as I consider it spam, but the more I think about it the less the court will buy that.

I have filed the AOS on this CCF. I’ll give some more detail to what the tickets were for:

Ticket from Gladestones (Early 2019): The defendant received this ticket as they were “unauthorised” to park in a parking spot, but they were moving a family member into their new flat and was informed by the caretaker on site (not affiliated with the parking company) that they could unload there as they had just picked up their cousin from the airport and they obviously were unable to gain permission to park there (there is no pay and display there). They let this ticket slide and they kept sending the defendant letters (from my understanding, a lot of you are split about whether to ignore/appeal). The question is, does the defendant have a leg to stand on in this case?


Many thanks in advance for any help.

Cheers,
SuperbOwl

This post has been edited by superbowl: Tue, 5 Nov 2019 - 22:33
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post Tue, 5 Nov 2019 - 19:31
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Sheffield Dave
post Tue, 5 Nov 2019 - 20:37
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First, this forum has a one case, one thread rule - it quickly becomes confusing if two unrelated cases are discussed in the same thread. I suggest you start a new thread for the BW legal case.

Second, edit your post immediately to avoid hinting at the identity of the driver. You describe what happened on the day as done by the driver, e.g. "the driver parked in a loading bay", and you describe anything that happened subsequently as happening to you, the registered keeper, e.g. "I have recently received two County Claim Forms".

A trivial misspelling of your name has no legal significance.

Post images (in this thread and in the thread you're about to create) of the original PCNs and the first page of the claim forms, suitably redacted of your identity but keeping dates and times, plus pictures of the signs at the sites. See this site's FAQ for how to host images on 3rd party web sites (this site has a miniscule image size allowance).
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Jlc
post Tue, 5 Nov 2019 - 20:51
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QUOTE (superbowl @ Tue, 5 Nov 2019 - 19:31) *
I have recently received two County Claim Forms, one from BW Legal and one from Gladstones Solicitors to the tune of ~ £250 each. One idea I had was that my name is incorrectly spelled by 1 letter (Not real example: Alexawder instead of Alexander), as the idiot who typed it into the DVLA database from my V5C obviously got it wrong (My handwriting is legible). I had an idea to say that I don’t read any correspondence that has my name wrong as I consider it spam, but the more I think about it the less the court will buy that.

If the v5 is wrong then get that fixed but it doesn't afford you any defence.

QUOTE (superbowl @ Tue, 5 Nov 2019 - 19:31) *
...was informed by the caretaker on site (not affiliated with the parking company)

Promissory estoppel (although the parking firm may argue he did not have the authority). Also have a read of Homeguard v Jopson.

QUOTE (superbowl @ Tue, 5 Nov 2019 - 19:31) *
Are there any cookie cutter ways of getting out of this (Flat tyre/Broken down)?

Unless this actually happened then don't go there. No one on this forum will support 'lying'.

This post has been edited by Jlc: Thu, 7 Nov 2019 - 08:11


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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superbowl
post Tue, 5 Nov 2019 - 22:41
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QUOTE (Jlc @ Tue, 5 Nov 2019 - 20:51) *
QUOTE (superbowl @ Tue, 5 Nov 2019 - 19:31) *
I have recently received two County Claim Forms, one from BW Legal and one from Gladstones Solicitors to the tune of ~ £250 each. One idea I had was that my name is incorrectly spelled by 1 letter (Not real example: Alexawder instead of Alexander), as the idiot who typed it into the DVLA database from my V5C obviously got it wrong (My handwriting is legible). I had an idea to say that I don’t read any correspondence that has my name wrong as I consider it spam, but the more I think about it the less the court will buy that.

If the v5 is wrong then get that fixed but it doesn't afford you any defence.

QUOTE (superbowl @ Tue, 5 Nov 2019 - 19:31) *
I received this ticket as I was “unauthorised” to park in a parking spot, but I was moving a family member into his new flat and was informed by the caretaker on site (not affiliated with the parking company) that I could unload there as I had just picked up my cousin from the airport and I obviously was unable to gain permission to park there (there is no pay and display there).

Promissory estoppel (although the parking firm may argue he did not have the authority). Also have a read of Homeguard v Jopson.

QUOTE (superbowl @ Tue, 5 Nov 2019 - 19:31) *
Are there any cookie cutter ways of getting out of this (Flat tyre/Broken down)?

Unless this actually happened then don't go there. No one on this forum will support 'lying'.


Thanks Sheffield Dave above for the advise, the post has been amended. Let me know if the CCF is doctored properly.

In regards to Promissory estoppel, i have read further into this and Homeguard V Jopson. I've read similar defences online and am wondering what would be the correct template to use as the ones i have come across have had many components to their defence, rather than my one reason? Also, would quoting this case work if the defendant isn't the leaseholder but was in fact with the person who was renting the property/moving in?

Many thanks for your time in advance.
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nosferatu1001
post Wed, 6 Nov 2019 - 09:36
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Of course they have multiple elements. You dont just have ONE reason, you have multiple.

They are a leaseholder - an AST is a lease.
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superbowl
post Wed, 6 Nov 2019 - 22:55
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QUOTE (nosferatu1001 @ Wed, 6 Nov 2019 - 09:36) *
Of course they have multiple elements. You dont just have ONE reason, you have multiple.

They are a leaseholder - an AST is a lease.


Sorry i should've made myself more clear. The AST leaseholder is not the defendant, but rather a relation to the defendant, would they still be able to integrate this into the defence? Thanks

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The Rookie
post Thu, 7 Nov 2019 - 06:17
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JLC and superbowl, delete the quotes that out the driver....

JLC should darn well know better (?), superbowl you posted that quote in the same place you'd said you'd corrected it....DOH!

Of course it's part of the defence, the person with the AST can pass on the parking benefit to a visitor etc. Unless it clearly states otherwise (which I've never seen an AST do).


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Jlc
post Thu, 7 Nov 2019 - 08:10
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Such fascination with the driver with a parking company that will be relying upon POFA anyway. And a witness statement that will state they had ‘permission’ from the caretaker.

But to stop your head exploding I’ve edited.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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superbowl
post Mon, 11 Nov 2019 - 14:33
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Mods please delete if possible
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