Court letter received |
Court letter received |
Mon, 21 May 2018 - 10:14
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#1
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Member Group: Members Posts: 29 Joined: 7 Apr 2012 Member No.: 54,144 |
Hi,
We received a Claim Form letter from Country Court about a claim from HX Car Park Management which is being dealt with Gladstones Solicitors. This is for an alleged parking infringement on private land. They are alleging that we didn't pay for the ~3 hours we were parked. Fortunately, we still have the payment ticket with the car registration number, and the expiry time which almost covers the time stated. What it doesn't cover is about the 12 mins from the point we entered the car park (looking for parking space, getting change etc). However, I'm unsure what the claim is about. They mention in vague terms about exceeding the grace period in which to purchase the ticket. We've written to them once before, stating that we have a parking ticket, provided photo copies, and told them they are free to inspect the original at our premises. In hindsight, I should have sent this via recorded mail as we did not receive a response. Today, I have attempted to contact Gladstones again via telephone, but the number they provide is for the payment line. How should we proceed on the assumption we want to fight this? We can't ignore the letter, and we don't want to pay the extortionate amount they are trying to con out of us. This post has been edited by Undisputed: Thu, 24 May 2018 - 10:16 |
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Mon, 21 May 2018 - 10:14
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Mon, 21 May 2018 - 10:21
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#2
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Dont contact Gladstones via phone. Never. Never use phone. Ever.
It isnt a letter. You have aLIVE CLAIM AGAINST YOU/. Ig you ignore it, you will get a default judgement against you. Certainty. So your obvious steps are 1) Complete the ONLINE AoS. This gives you 33 days from ISSUE DATE for the court to RECEIVE your signed, emailed as PDF defence. 2) Tell us your issue date and therefore your CALCULATED deadline 3) Start writing your defence. What do the PoC state? Verbatim. |
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Mon, 21 May 2018 - 10:22
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#3
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Member Group: Members Posts: 901 Joined: 1 Apr 2017 Member No.: 91,235 |
Others will be along with some good advice.
In the meantime, be grateful that the number given by Gladstones was a payment line. Never, never, never telephone them as they will twist anything you tell them and use it against you. If you mail anything to them in the future, use first class post, hand it in at a Post Office counter, and ask for a free certificate of posting. Do not use signed-for mail. |
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Mon, 21 May 2018 - 10:35
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#4
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
A phone call is pointless anyway because Gladstones doesn't know what the claim is about
It only checks if the claim is defended |
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Mon, 21 May 2018 - 10:39
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#5
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Member Group: Members Posts: 647 Joined: 10 Oct 2017 Member No.: 94,458 |
What previous correspondence have you had from HXCPM with dates?
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Mon, 21 May 2018 - 10:43
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#6
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Member Group: Members Posts: 29 Joined: 7 Apr 2012 Member No.: 54,144 |
Dont contact Gladstones via phone. Never. Never use phone. Ever. It isnt a letter. You have aLIVE CLAIM AGAINST YOU/. Ig you ignore it, you will get a default judgement against you. Certainty. So your obvious steps are 1) Complete the ONLINE AoS. This gives you 33 days from ISSUE DATE for the court to RECEIVE your signed, emailed as PDF defence. 2) Tell us your issue date and therefore your CALCULATED deadline 3) Start writing your defence. What do the PoC state? Verbatim. Sorry, what do the acronyms AoS and PoC mean? I assume the PoC is on the court letter? |
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Mon, 21 May 2018 - 10:51
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#7
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Member Group: Members Posts: 9,985 Joined: 20 Aug 2008 Member No.: 21,992 |
Acknowledgement of Service. There will be details on the claim form as to how to do this. DO NOT PUT ANYTHING IN THE DEFENCE BOX. Not even a full stop.
Particulars of Claim. This is the details (or lack of them in this case) in the Particulars of Claim box near the beginning of the claim form. This post has been edited by ManxRed: Mon, 21 May 2018 - 10:51 -------------------- Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Mon, 21 May 2018 - 11:05
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#8
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Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
QUOTE In hindsight, I should have sent this via recorded mail as we did not receive a response. Never use recorded, you just post first class at a counter and ask for proof of delivery, they can refuse to sign recorded and then you have no proof of delivery. As for the letter they would ignored it anyway if recorded so do not concern yourself with that, you have the original and can include in your witness statement the fact the letter was sent, copy of letter and copy of ticket in the evidence pack. |
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Mon, 21 May 2018 - 11:44
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#9
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Member Group: Members Posts: 29 Joined: 7 Apr 2012 Member No.: 54,144 |
I'll get the PoC tonight when I get home.
We notice the claim is filed in a court which is miles away. If it does go to court, is it possible to have the location moved? |
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Mon, 21 May 2018 - 11:51
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#10
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Member Group: Members Posts: 9,985 Joined: 20 Aug 2008 Member No.: 21,992 |
It would be moved to your nearest court further down the process. Northampton is just the bulk clearing centre for online claims.
-------------------- Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Mon, 21 May 2018 - 12:01
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#11
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
I'll get the PoC tonight when I get home. We notice the claim is filed in a court which is miles away. If it does go to court, is it possible to have the location moved? You need to get out your thread and read up. The CCBC isnt even a court. Its just an office. Youre making the same normal panicked response everyone does. So relax! onc youve done your AOS and told us the issue date. |
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Mon, 21 May 2018 - 18:00
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#12
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Member Group: Members Posts: 29 Joined: 7 Apr 2012 Member No.: 54,144 |
This is the PoC. I've masked certain info with X'S. The alleged date is in Nov 2017
The driver of the vehicle registration XXXXXXX (the 'Vehicle') incurred the parking charge(s) on XX/11/2017 for breaching the terms of parking at the land at XXXXXXXXXX The Defendant was drive the Vehicle and/or is the Keeper of the Vehicle. AND THE CLAIMANT CLAIMS £160 for Parking Charges / Damages and indemnity costs is applicable, together with interest of £5.16 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing to Judgement at £0.04 per day. |
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Mon, 21 May 2018 - 18:13
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#13
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Member Group: Members Posts: 29 Joined: 7 Apr 2012 Member No.: 54,144 |
Just filling in the AoC.
I take it I do not tick: You can choose to contest jurisdiction of the claim made against you. Also, I'm filling this in for my wife and logged in as her. Do I sign it as litigation friend? Or do i need to login as myself and complete the AoC as litigation friend? This post has been edited by Undisputed: Mon, 21 May 2018 - 18:17 |
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Mon, 21 May 2018 - 18:24
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#14
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
Just filling in the AoC. I take it I do not tick: You can choose to contest jurisdiction of the claim made against you. Correct. That's only if you live outside England and Wales Also, I'm filling this in for my wife and logged in as her. Do I sign it as litigation friend? Or do i need to login as myself and complete the AoC as litigation friend? She signs it herself as the Defendant Anything out of the ordinary has the potential to end badly |
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Mon, 21 May 2018 - 18:41
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#15
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Member Group: Members Posts: 29 Joined: 7 Apr 2012 Member No.: 54,144 |
Ok AoC submitted.
Am I supposed to get some dates? The date on the letter is 16/05, so the date of service is today i.e. 21/05 The defense has to arrive no later than 28 days - is that working days? Assuming its normal days, I make that 18/06 |
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Mon, 21 May 2018 - 21:55
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#16
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
28 normal days from the date of service
Other than the online confirmation of the AoS, you won't receive any communication until the Directions Questionnaire This will be used to decide where a hearing will take place You won't have any choice regarding the date other than the DQ gives an opportunity to say when you won't be available |
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Tue, 22 May 2018 - 07:02
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#17
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
You will not get anything further from the court until you file your defence. If you do not file your defence you will get a judgement against you. Dont assume there is any additional confirmaiton - the entire point of the AoS is that you have confirmed youve seen the paperwork, so why would the ocurt send out more paperowrk to confirm your confirmation?
The NAMED D must be seen to be doing *everything*. No signing as anyone else, nothing. NOONE but the D, named on the forjm, files any paperwork. This is critical. |
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Tue, 22 May 2018 - 09:49
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#18
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Member Group: Members Posts: 29 Joined: 7 Apr 2012 Member No.: 54,144 |
Ok, everything has been done as the Defendant.
We now need to prepare our defense. Is there a template that we can use? |
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Tue, 22 May 2018 - 09:56
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#19
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
You need a DEFENCE, note spelling. change your browsers checker to UK English
Have a look at the MSE forum, newbies thread, post 2. Deals with the entire process. read it. Read it again/ Book mark it, and tomorrow, read it again. I cannot stress that this takes you through every single step, and every question you might have is 99% covered within that thread. Note: forum. Not the main MSE website. Forum. Given the PoC dont even tell you WHAT the breach was, just "a" breach, thats the first point - they havent filed a caim that disclsoes a cause of action. |
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Wed, 23 May 2018 - 11:45
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#20
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Member Group: Members Posts: 29 Joined: 7 Apr 2012 Member No.: 54,144 |
In one of the letters I received it states:
“Failed to purchase a pay and display ticket within the grace period allowed” and "liability for the same having been brought to the attention of the driver at the time of parking by clear signage in and around the site" However in the PoC it just says "incurred the parking charge(s)" In the Defence, do I go with what's in the PoC only? |
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