County Court Appearance looming with Gladstones (UK CPM) |
County Court Appearance looming with Gladstones (UK CPM) |
Fri, 12 Jan 2018 - 18:43
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#1
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New Member Group: Members Posts: 6 Joined: 12 Jan 2018 Member No.: 95,930 |
I am acting on behalf of my daughter. She was issued with a PCN via post for parking on Private Property on land managed by UK Car Park Management Ltd back in Nov 2016.
This has been passed over to Gladstones, but she has ignored all correspondence from them. We then received a Notice of Allocation to the Small Claims Track. This document stated that the Parking charge was "incurred" on a date in mid November. In fact the PCN states that it was early November but was actually issued in mid November. This confusion of dates about what actually happened was filed as a defence. The court appearance is in a week and I am not sure that we have a great case - if any. The original fine was £100 or £60 if paid early. They are now claiming £240. My daughter just received a Witness Statement bundle from Gladstones via email at the end of Dec. They have corrected their error and clarified the correct dates in a Witness Statement. They have also slightly mis-spelt my daughter's name in the Claim document. I would appreciate any advice on how or if we can better defend this claim. Thanks |
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Sat, 13 Jan 2018 - 17:25
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#2
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
That's a prohibiting sign there is no offer of an contract for parking to non authorised persons and therefore there can be no breach of contract and therefore it is trespass and only the land owner can claim for trespass. What they have issued is a penalty, which is not allowed.
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