Hi Guys, Sticky read and info below. Appreciate any responses.

Name of the Claimant - Parking & Property Management Limited (Ocean House, 12th Floor, The Ring, Bracknell, RG12 1AX)

Date of issue – 10th March 2017

Date of response - 28th March 2017 (I haven't yet)

Last date to File Defence - 11th April 2017 [date corrected - dx]

POC

1.The driver of the vehicle registration ****** (the vehicle) incurred the parking charge(s) on the 08/12/16 for breaching the terms of parking on the land at Unit 2,4,5 & 7 St Giles Court - Southampton Street, Reading, Rg1 2QL.

2.The defendant was driving the vehicle and/or is the keeper of the vehicle.

3.AND THE CLAIMANT CLAIMS

£160 for Parking charges/Damages and indemnity costs if applicable, together with interest of £2 pursuant to s69 of the county courts act 1984 at 8% pa, continuing to judgement at £0.04 per day.

What is the value of the claim - £237.00

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? PPM

Address for sending documentation on the POC form is (Gladstone's Solicitors Limited, Warrington).

I have a letter from them dated 20th Feb 2017 of which I didn't respond to.

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

Additional

- By the way guys I appreciate the help.

Not that you want to know the details of the ticket…..but in a nutshell.

The parking pass was in the front window of my car but because it was out of sheer stupidity "upside down" I got given a ticket!! The company have pictures sent in the Notice of Assignment with the ticket visible.

Best regards,

Lloyd

pop up on the MCOL website detailed on the claimform.

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register as an individual

note the long gateway number given

then log in

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select respond to a claim and select the AOS box.

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then using the details required from the claimform

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defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

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get a CPR 31:14 request running to the solicitors

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don't sign anything

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CPR

to the solicitors

[Your address]

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[Their address [solicitors]

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[Date]

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Dear Sir or Madam,

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Re: (Claimant's name) v (Your name) Case No:

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CPR 31.14 Request

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On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

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I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

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Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

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1. the contract between [parking company name] and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,.

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2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

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3.copies of the notice to driver, notice to keeper and any other correspondence from [insert Claimant Name] & [insert Solicitors Name} to the defendant that they intend to rely upon in court.

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You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience..

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Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

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Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

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Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

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In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

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If you are unable to comply with this request within 14 days and believe that you will never be able to comply with this request please confirm in your response.

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You are reminded that as this case is yet to be allocated to a track, CPR31:14 does apply, a refusal to comply because you 'think' at this stage you dont have too will be used against you in any filed defence.

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Yours faithfully

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TYPE YOUR NAME DO NOT SIGN IT

They are seriously this desperate??

Someone needs their P45, utter cowboys.

Fantastic, DX100...thank you.

Already registered on the MCOL website....so just on there now following your instruction.

I completed and submitted the MCOL form. Which gave me the AOS Form in PDF.

In regards to a CPR31:14 can I get one off the internet anywhere? Or is a solicitor my only option?

Best regards,

Lloyd

its in post 2!!

I recommend selecting the text in DX's post, then copying and pasting into a Word document.

POST it to them (keep proof of posting from PO Counter) DO NOT USE EMAIL

Oddfellow, DX....excellent thank you.

Will get it put into a Word Doc and posted tomorrow.

Many thanks,

LG

Ok about the permit,

who owns the land it is issued for and how come you get one-ie is it a residents parking permit?

If so are you a tenant or leaseholder?

If the latter what does your lease say about parking as they may be trespassing every time they go near your car rather than you ever owing them money.

Lastly what does the signage say as the claim doesn't specify why they say you owe the money.

Presumably they slapped a ticket on the car for not displaying a permit and you have ignored it and everything since. If this is the case do you still have their paperwork as that may well defeat their claim by their own admissions anyway.

We need to build up a bundle of evidence to kill the claim and the sooner you do that the more likely it is they will drop the matter before it gets to a court hearing to save themselves money once they realise they aren't getting a walkover.

If you are a tenant of the property you will need to ask your LL about the lease or get a copy from the Land Registry.

This can be done online for £3.

If it is for parking at work then your employment terms will trump their claim but it would be helpful if the employer is onside in this matter, some don't understand and others don't care or are hamstrung as they are tenants in a bigger development and that makes it harder to get to the bottom of things.

Come back here with any info you can give us in any order as it all helps build a better picture

Ericsbrother...

Not sure who owns the land....I can check some of the signage though this week as I'm staying in Reading. I was using a serviced apartment company and staying at the residence for 3 nights as a tenant. I'll go back and take some photos of the signage.

Correct they did slap a ticket on for not displaying (and explaining it was unreadable) when it was obvious it was a pass for the lot. I'll check at home whether I kept the original.

Ok I'll get as much evidence as poss in the next two days.

Out of curiosity how quickly do I have to get the CPR form off to the solicitor?

Will report back soon as poss.

LG

Cpr now please

All, I have some photos I'd like to upload but not sure of the best way. It I want to attach pics it's asking for a URL....I haven'e shared like that before.

2 Photos of the signage in the parking area

4 Photos (I forgot I had) of the pics of the ticket with my parking pass clearly in the background (upside down). Also of the stipulations on the parking pass.

LG

All, I have some photos I'd like to upload but not sure of the best way. It I want to attach pics it's asking for a URL....I haven'e shared like that before.

 

2 Photos of the signage in the parking area

4 Photos (I forgot I had) of the pics of the ticket with my parking pass clearly in the background (upside down). Also of the stipulations on the parking pass.

 

LG

Convert them to a PDF (there are plenty of free converters online), and then 'attach' the PDF file to a post on here using the attachments button (looks like a paperclip) which is above the box where you type your messages (you may need to click on the "Go Advanced" button to see it)

follow the upload

ONE PDF PLEASE!!

"explaining it was unreadable".

There had better be a clause on their signs that say "you are not allowed to have an unreadable permit"

or how can they claim having something issued by them is a breach?

In short, they have no chance of winning this claim so they will hope that you give in and pay up.

I hope you still have the permit and the ticket slapped on the car.

It will see this claim off in seconds if you do.

If you dont then they should produce some sort of photographic evidence as well as the contract and I doubt if that will happen but it does lead to a he siad she said argument unless you can show that this is not the only problem with their claim and generally that is fairly easy as they dont write individual particulars but use a generic vague opne to save them time and money.

Ok guys done.....PDF attached.

CPR in the post tonight.

Will look for the original ticket when I get home to the west this evening.

LG

IMG_7971 (5 files merged).pdf

clamping that's an old sign!!

So, permits cannot be obscured, that's fair enough.

I don't see anywhere on the permit or PPM's sign that says which way up the permit has to be, and it is clear to me from your picture that the permit that you had on display was not obscured in any way. If the permit was valid and was on display I'd say it was game over.

Gladrags and PPM can argue until the cows come home that the permit was upside down, but unless I've missed the bit that says "this way up" I'd say that they were on to a loser on that point and their own evidence (presuming that they took pictures of the vehicle with PCN attached) will also show that a permit was displayed, whichever way up it happened to be.

It is clear it is their permit from the wording on the back and it is not obscured.

The permit was fully displayed so no breach of contract.

Nothing on the sign saying that it must show any particular side.

No condition saying it must be readable either so no breach of that supposed condition.

The wording of the signage is prohibitive and then says that you are agreeing to a contract- it cant be both.

You can either park there with a permit or you can park there by agreeing to pay a fee.

This means that there cannot be a breach of contract so issuing a demand for breach of contract is a nonsense.

They may not know trhe difference but a judge will so basically they are claiming for the wrong reason anyway

None of this even touches on their right to actually insist on seeing anything as I'm sure that your permission to be there trumps their parking contract.

Ok, Cheers Ericsbrother & Dragonfly....set's my mind at ease a little.

CPR went off last week anyway.

When I hear something back I'll let you all know.

cheers all, LG

if you dont get a response in tuime (most likely) then make sure you offer a skeleton defnce anyway. You can always ask for the claim to be struck out for not showing a cause for action by way of the POC and a CPR request for information. That will hamper PPM even if it doesnt get the claim chucked out.