PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

County Court Appearance looming with Gladstones (UK CPM)
Foodle Bird
post Fri, 12 Jan 2018 - 18:43
Post #1


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

Go to the top of the page
 
+Quote Post
 
Start new topic
Replies
ostell
post Sat, 13 Jan 2018 - 17:25
Post #2


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.
Go to the top of the page
 
+Quote Post

Posts in this topic
- Foodle Bird   County Court Appearance looming with Gladstones (UK CPM)   Fri, 12 Jan 2018 - 18:43
- - emanresu   Lets see the pics of the signs and the contract. T...   Fri, 12 Jan 2018 - 18:46
- - cabbyman   Allocation to Small Claims Track? Court hearing ne...   Fri, 12 Jan 2018 - 19:11
- - unicorn47   You should bring the question of the wrong dates t...   Fri, 12 Jan 2018 - 21:10
|- - southpaw82   QUOTE (unicorn47 @ Fri, 12 Jan 2018 - 21...   Fri, 12 Jan 2018 - 21:15
- - SchoolRunMum   Read other cases won v UKCPM/Gladstones. Here...   Sat, 13 Jan 2018 - 00:09
- - Foodle Bird   Thanks for the feedback do far. Here is the Parkin...   Sat, 13 Jan 2018 - 17:10
- - ostell   That's a prohibiting sign there is no offer of...   Sat, 13 Jan 2018 - 17:25
|- - ManxRed   QUOTE (ostell @ Sat, 13 Jan 2018 - 17...   Tue, 16 Jan 2018 - 10:36
- - nosferatu1001   Ok, so - exactly what defence did you send? - g...   Sun, 14 Jan 2018 - 11:13
- - SchoolRunMum   Please tell us she has submitted her WS and eviden...   Sun, 14 Jan 2018 - 22:58
- - Foodle Bird   We submitted our defence when the claim was made s...   Tue, 16 Jan 2018 - 09:10
|- - nosferatu1001   QUOTE (Foodle Bird @ Tue, 16 Jan 2018 - ...   Tue, 16 Jan 2018 - 12:49
- - emanresu   How did it go?   Tue, 23 Jan 2018 - 13:13
- - Foodle Bird   Update So we went to Court relying purely on our ...   Tue, 23 Jan 2018 - 13:51
- - nosferatu1001   great news! Any chance you can give us name o...   Tue, 23 Jan 2018 - 13:55
- - emanresu   QUOTE The Judge's parting comment was "Th...   Tue, 23 Jan 2018 - 14:37


Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 14:11
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here