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County Court claim from Gladstones Solicitors, Split from hijacked thread
afro_dyta
post Wed, 19 Jun 2019 - 14:14
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I also received today a claim form from country court business centre, it involves Gladstones Solicitors...

It says reply online with a defense with the claim number and a pw which I tried and you need a gov id of 12 digits, not the way they said so can't reply only

I am desperate for some help please if anyone can private message me... also I am not english so I don't understand all the legal terms... thanks
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post Wed, 19 Jun 2019 - 14:14
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The Rookie
post Wed, 19 Jun 2019 - 14:33
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You should have sufficient information on the claim form to log on.

Acknowledge the claim, do NOT contest jurisdiction and right now DO NOT put anything in the defence box. You then have 33 days from date of issue to construct your defence which is not the work of five minutes.


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afro_dyta
post Wed, 19 Jun 2019 - 14:55
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The claim number and the pw does not work, as it tells me I need the gov id of 12 digits to log on which it has been given when the claim was made. I don't have that id, just the claim number which is an 8 digits...

I don't know what else to do, but thanks for trying to help me
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nosferatu1001
post Thu, 20 Jun 2019 - 11:52
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YOu need to create your government gateway ID first, THEN you can use the claim number and PW.

Basically, first you create an ID that is for use on ALL services, then you can login to the claim.
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afro_dyta
post Sun, 23 Jun 2019 - 09:12
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Thank you, I will do that today, I was wondering if you guys could give an advice if I tell you what happened?

Basically I was not the driver, but I was in the car at the time, needed something desperately from the shop and the person parked on first parking seen, I think more or less the car park was empty and free. Came back in 5 minutes and realized it was a disabled bay. Moved away and left but received a charge of £100 for staying 6 minutes in a disabled bay without displaying a badge.

Appealed on their website and did not win, National Parking Enforcement. They kept sending threats with baylifts and court threats and then nothing for months so threw everything away, I wish I didn't. Now I got this county court claim from Gladstones.

I went yesterday to take pictures of their signs and it took me well over 5 minutes to read both their boards so not sure how they can justify £250 which they claim now for 6 minutes. The incident happened last year in february, in the evening from what I remember, it was dark.

Do you guys think I have a chance to appeal as the keeper?

Also is it a good idea to write to the parking company as well as the solicitors and request everything they have regarding this since I don't have it anymore?

Thank you in advance for your help.
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nosferatu1001
post Tue, 25 Jun 2019 - 08:41
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6 minutes is well inside the required grace periods.
Its also sensible; paint oon the ground has NO meaning on private land, only signs give meaning, and so it has to be worked out you are NOT allowed to park, and that takes time.

UYou are NOT APPEALING. You are *defending a court claim*
Requires a different mindset to take. This is a formal, legal process, governed as such

SO you need to do a few things
1) Confirm you have now ack. the claim. Do it today. You then STICK IN YOUR DIARY the exact deadline for YOUR defnce to reach the court. You CANNOT miss this deadline. You lose if you do.
2) CHeck their Notice to Keeper for conformity with POFA, schedule 4, para 8 (if there was a ticket on the screen) and or para 9 (no windscreen ticket) - be *exacting*. Note carefully the period after which the keeepper becomes liable - a lot of places get this wrong. It is 28 days starting the day *after* the notice is *given*, and *given* means received through post, whcih is assumed to take two WORKING days. So this can be 4 or 5 days *after* they posted it.
3) Comple a defence based on required period to park, find signs, decide to accept or otherwise, and the action take; as the driver left after 6 minutes they did NOT accept the contract. Their performance SHOWED they did not accept it.
4) Send a SAR to NPEs DPO REQUIRING them to send you all their personal info on you withihn 30 days. YEs, you will not have it by the time yoru defence is compiled and submitted, no this is not a problem.
5) Assuming it was in the dark, go back and take pictures IN THE DARK showing the signs could not be *seen*, let alone *read*. Vine v Waltham Forest, won at Appeal, confuirms that IF SIGNS CANNOT BE SEEN, YOU CANNOT BE BOUND BY THEM.
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afro_dyta
post Wed, 26 Jun 2019 - 17:53
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nosferatu1001, Thank you for your help.

Firstly I read into it and it doesn't look that the 10 mins grace period is for disabled bays as well.

I prepared a SAR letter now which I intend to send it tomorrow as I don't have any other docs apart from the court paper...

The claim court issue date is 17 june so I'm gonna akn. friday as it will give me extra time for submitting the deffence.

I will go and take pictures of their signs tonight in the dark and then come and post them here.

I'm sorry but I don't understand the bit about the notice to keeper and 28 days... I was told there was no ticket on the windscreen at the time of the incident, it came in the post within 14 days, a notice to keeper came in the post as the driver is unknown to them.

I will look for defence templates online and work something out this week end hopefully then post it here for you maybe to advise?

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nosferatu1001
post Thu, 27 Jun 2019 - 12:24
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It is, because only the signage confers *any* meaning on a "bay", and you have the same right to go and find signs, work out if you meet *their* definition of able to park, etc. I told you grace periods applies, it absolutely does!

Acknowledge online, tonight. Dont delay. Do not do it by post. Online on MCOL. DO it today.

We cant advise. We're not legally qualified and not your lawyer. But we can suggest suitable defences etc.

Keeper and 28 days:

OK, so go and read the statute - you want paragraph 9.
There is a requirement in the statute to warn the keeper that, 28 days starting from the day *after* the Notice is given - and notice here is the notice to keeper you got through the post - is the *earliest* point at which the keeper becomes responsible for the drivers charge.
A lot of PPCs much up this - they either say 28 days starting with the day the notice is sent, or they state 29 days after the notice is sent, or something similar - they omit that the notice has to be recieved by the Keeper, and that is presumed to take 2 working days. Until it arrives it has not been *given*, and the statute requires *given*.
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afro_dyta
post Thu, 27 Jun 2019 - 13:22
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I am akn. very shortly as I prepared 2 docs to send, SAR and CPR31.14 to send.

I was going to upload them here for critique but as you said you can't say anything, then maybe not worth me doing that...

So after akn. online, send these 2 docs to the parking co and solicitors, what would be my next step? Writing the defence?
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nosferatu1001
post Thu, 27 Jun 2019 - 13:37
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1) Ack first. Do it now
2) SAR is fine, CPR31.14 is a waste of bleeding time, as you will have found out on more recent threads. It does not apply to the small claims track. Just refer them to the opverriding objective which is that parties coop to avoid coutr, and by disclosing the details of their claim early, they are complying with this requirement.
3) No, we said we cannot advise you. Thats because that has a specific meaning here. What we CAN do is make suggestions, look over to see if it makes sense to us etc .

Yes, of course you write the defence. THis is a court claim form you have, it tells you you must write a defence, so that is what you must do. That or pay...
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afro_dyta
post Thu, 27 Jun 2019 - 14:05
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Right, I just acknowledged it.

Well I signed up here and somewhere else for advise as I have no clue what I am doing really and got told to write SAR to the parking co and CPR31.14 to the solicitors, which I did. I'm gonna upload them here anyway, maybe you can tell me if they make sense to you?

So date of court issue 17.06.2019, what is the deadline for the defence please?

And what happens after the defence is submitted? Do I get a date and actually have to go to court? I'm becoming anxious thinking about this... Will it be in the town the parking co's address is? Haven't been to court in my life. How can I get hold of all the info they have about this incident before I have to go to court? Like photos, letters, what I wrote in the appeal, etc? It's been 1.5 years

Attached File  SAR.doc ( 27.5K ) Number of downloads: 81
Attached File  CPR31.14.doc ( 31K ) Number of downloads: 85


This post has been edited by afro_dyta: Thu, 27 Jun 2019 - 19:13
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ostell
post Thu, 27 Jun 2019 - 14:44
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The case will be transferred to your local court later in the process. You have 33 days from the date of issue on the court form to get your defence to the court
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