Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #41
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    Default Re: PPM/Gladstones Claimform - Windscreen PCN old Closed Iceland Store farnburn av, slough sl1 4xt .

    you must serve parties your statement by 14 days prior to the hearing
    hopefully the claimant files theirs first
    DO NOT assume they wont pay the fee,

    dx

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    Default Re: PPM/Gladstones Claimform - Windscreen PCN old Closed Iceland Store farnburn av, slough sl1 4xt .

    what do i need to exactly include in this statement :/
    and why do we hope they file theirs first? what does that mean

    what is the likely next step from this


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    Default Re: PPM/Gladstones Claimform - Windscreen PCN old Closed Iceland Store farnburn av, slough sl1 4xt .

    Hello there.

    You don't seem to have read many threads about PPM/Gladstones and court claims, Try reading some more and also check out the Parking Successes thread so that you understand how it all works. You'll need the knowledge if you're going to court.

    I think the statement dx refers to is a witness statement, you can get an idea of what to put in by reading other people's on here.

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    Default Re: PPM/Gladstones Claimform - Windscreen PCN old Closed Iceland Store farnburn av, slough sl1 4xt .

    Hi, i have recieved an email from gladstones
    Dear xxxx
    We act for the claimant.

    Please find attached our client's Witness Statement.

    We confirm the statement has been filed at the Court

    Yours sincerely,

    I, David Blake, of Ocean House, 12th Floor, The Ring, Bracknell, RG12 1AX WILL SAY AS FOLLOWS:
    1. I am the Employee of the Claimant Company (‘my Company’) and I am duly authorised to make
    this statement on its behalf. The facts and matters set out in this statement are within my own
    knowledge unless otherwise stated and I believe them to be true. Where I refer to information
    supplied by others, the source of the information is identified; facts and matters derived from
    other sources are true to the best of my knowledge and belief.
    2. Exhibited to this Witness Statement at ‘GSL1’ are following documents which my Company
    wishes to rely upon;
    i) The Agreement authorising my Company to manage parking on the relevant land (as
    described therein and hereinafter referred to as ‘the Relevant Land’)
    ii) The Sign (i.e. the Contract)
    iii) The Site Plan
    iv) Notices
    v) Photographs of the incident
    3. The Defendant is liable for a parking chargeicon relating to the parking of a vehicle on the Relevant
    Land in a manner so as to incur the same pursuant to the Contract (i.e. the Sign). Set out in the
    Schedule below are details of the parking chargeicon;

    ( then states the pcn number and reason "unauthorised parking)

    The Defence
    No contract
    4. My Company relies on the case of ParkingEye v Beavis 2015. In that case it was accepted as an
    established principle that a valid contract can be made by an offer in the form of the terms and
    conditions set out on the sign, and accepted by the driver’s actions as prescribed therein.
    5. The signs on the Land are clear and unambiguous. By parking in the manner in which they did,
    the charge was properly incurred.
    No authority to enforce charges
    6. As the contract is between my Company and the Defendant, my Company does have the
    authority to enforce parking charges. However, both VCS v HM Revenue & Customs (2013) and
    Parking Eye v Beavis (CA 2015) made it clear that a contracting party need not show they have a
    right to do what they have promised in the performance of a contract, nor is (in the case of a
    parking operator) the agreement between Operator and Landowner of any relevance. In any
    event, and without concession, the Agreement exhibited to this Witness Statement evidences
    my Company’s authorisation to operate / manage the Relevant Land on behalf of the
    Landowner.
    7. Lord Justice Lewison commented in VCS v HM Revenue & Customs [2013] EWCA Civ 186
    1. “The Upper Tribunal’s reasoning on this part of the case was that since VCS did not have
    the right under its contract with the car park owner to grant a licence to park, it could not
    have contracted with the motorist to grant such a right. In my judgment there is a serious
    flaw in this reasoning.
    2. The flaw in the reasoning is that it confuses the making of a contract with the power to
    perform it. There is no legal impediment to my contracting to sell you Buckingham Palace.
    If (inevitably) I fail to honour my contract then I can be sued for damages. On the stock
    market it is commonplace for traders to sell short; in other words to sell shares that they
    do not own in the hope of buying them later at a lower price. In order to perform the
    contract the trader will have to acquire the required number of shares after the contract
    of sale is made. Moreover, in some cases a contracting party may not only be able to
    contract to confer rights over property that he does not own, but may also be able to
    perform the contract without acquiring any such right. Thus in Bruton v London and
    Quadrant Housing Trust [2000] 1 AC 406 a housing trust with no interest in land was held
    to have validly granted a tenancy of the land to a residential occupier. The tenancy would
    not have been binding on the landowner, but bound the two contracting parties in
    precisely the same way as it would have done if the grantor had had an interest in the
    land.
    Thus in my judgment the Upper Tribunal were wrong to reverse the decision of the FTT on
    the question whether VCS had the power to enter into a contract. Having the power to
    enter into a contract does not, of course, mean that VCS necessarily did enter into a
    contract with the motorist to permit parking
    CPR 31.14 Request
    8. The Defendant refers to a CPR 31.14 request made. CPR 31.14 allows a party to request
    documents mentioned in its statement of case. The Defendant requested a copy of the contract
    between my Company and the Landowner, proof of planning permission and copies of all
    correspondence sent, i.e. the notice to keeper. None of these documents are mentioned in the
    statement of case and therefore CPR 31.14 does not apply. Further the Defendant would have
    already been sent the notices and therefore he should revert back to his own records
    accordingly.
    The Defendant avers that they were not the driver
    9. The Criminal Case of Elliott v Loake 1983 Crim LR 36 held that the Registered Keeper of a vehicle
    may be presumed to have been the driver unless they sufficiently rebut this presumption. To
    date the Registered Keeper has been invited on numerous occasions to identify the driver, yet
    has failed to do so. The Court is therefore invited to conclude it more likely than not that the
    Registered Keeper (i.e. the Defendant) was the driver.
    10. In the alternative, if the Court is not able to infer that the Defendant was, in fact, the driver then
    the Defendant is pursued as the Registered Keeper of the vehicle pursuant to Schedule 4 (4)(1) of
    the Protection of Freedoms Act 2012 (‘the Act’) which states:
    “The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.”
    11. The relevant Notice was sent to the Defendant in accordance with the Act and the Registered
    Keeper (the Defendant) failed to nominate who was driving the vehicle prior to these
    proceedings (which is required under the Act (paragraph 5(2)).
    12. The Protection of Freedoms Act 2012, Sched 4 (para 2) states that; the “keeper” means the
    person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a
    registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper.
    The Current Debt
    13. In view of the Defendant not paying the charge within the 28 days allowed they are in breach of
    the contract. Breach of contract entitles the innocent party to damages as of right in addition to
    the parking charge incurred.
    14. In view of the Defendant not paying the charge the matter was passed to my Company’s legal
    representatives, Gladstones Solicitors Ltd. The debt has, as a result of this referral risen as my
    Company’s staff have spent time and material in facilitating the recovery of this debt. This time
    could have been better spent on other elements of my Company’s business. My Company
    believes the costs associated with such time spent were incurred naturally as a direct result of
    the Defendant’s breach and as such asks that this element of the claim be awarded as a damage.
    The costs claimed are a pre-determined and nominal contributionicon to the actual losses.
    Alternatively, my Company does have a right to costs pursuant to the sign (i.e. the contract).

    they have then gone on to show a picture of the contract between them and PPM the company etc. a plan of the parking area they are in charge of that they said can be enforced, a picture of the signage and picture of the vehicle parked, and copies of the initial and remind notice. please note that one letter is misspelt of the road on everything they have sent and mentioned. example being ( lawdocks avenue > lawdacks avenue).. i dont know if this can be used... Please advice what i need to do, bit worried and a bit stuck on what to write :/


  5. #45
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    Default Re: PPM/Gladstones Claimform - Windscreen PCN old Closed Iceland Store farnburn av, slough sl1 4xt .

    These are my opinions of the statement above
    My Company relies on the case of ParkingEye v Beavis 2015. In that case it was accepted as an
    established principle that a valid contract can be made by an offer in the form of the terms and
    conditions set out on the sign
    Not a valid argument due to the fact this site was no unauthorised parking. parking eyeicon allowed a set length of time to park before issuing a charge.

    The Criminal Case of Elliott v Loake 1983 Crim LR 36 held that the Registered Keeper of a vehicle
    may be presumed to have been the driver unless they sufficiently rebut this presumption
    They shoot themselves in the foot here by stating 'criminal case'. This case is civil, not criminal so means nothing.

    In the alternative, if the Court is not able to infer that the Defendant was, in fact, the driver then
    the Defendant is pursued as the Registered Keeper of the vehicle pursuant to Schedule 4 (4)(1) of
    the Protection of Freedoms Act 2012 (‘the Act’) which states:
    “The creditor has the right to recover any unpaid parking chargesicon from the keeper of the vehicle.”
    Without seeing the NTK, it is reasonably safe to assume that PPM do not use POFA 2012 so to rely on it in the alternative is wrong. They can't pick and choose which code of practice to use when it suits them.

    Can you post up the contract and the other stuff you have received but make sure you remove any names, addresses and reference numbers.

    n view of the Defendant not paying the charge the matter was passed to my Company’s legal
    representatives, Gladstones Solicitors Ltd. The debt has, as a result of this referral risen as my
    Company’s staff have spent time and material in facilitating the recovery of this debt. This time
    could have been better spent on other elements of my Company’s business. My Company
    believes the costs associated with such time spent were incurred naturally as a direct result of
    the Defendant’s breach and as such asks that this element of the claim be awarded as a damage.
    The costs claimed are a pre-determined and nominal contribution to the actual losses.
    Alternatively, my Company does have a right to costs pursuant to the sign (i.e. the contract).
    Gladstones are trying to justify the added costs by making the veiled statement that your behaviour was unreasonable so they should be allowed the extra costs. Wrong!

    All they can claim for is the charge, the court fee and solicitor fee, fixed at 50 so even if you lost, the most you would have to pay is less than 200.

    This is a numbers game to Gladstones. I cannot say that they actually do other work besides parking cases.

    I also noted on an earlier post that they wish the case to be heard on paper alone. This won't happen and the chances are that a locum solicitor in your area will be assigned the case and make no witnesses available. This David Blake should be there to answer your questions. What's the betting he won't be there.

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  6. #46
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    Default Re: PPM/Gladstones Claimform - Windscreen PCN old Closed Iceland Store farnburn av, slough sl1 4xt .

    why on earth did you give them your email address?

    Block it or they will be sending you stuff the night before the hearing and saying you have got it.

    ask yourself who is David Blake?
    some parking co's use fictitious names to sign their WS's so get someone to phone PPM and ask to speak to him.

    If you read up on this kind of stuff you will be able to quote a number of cases where Elliot v Loake was spat out as being ridiculous yet they still quote it,
    along with the AJH films case they still try their luck

    The POFA is later legislation and creates a liability IF certain conditions are met so they trump the earlier case law.

    When they ask for costs persuant to the contract,
    the keeper liability is limited to the value of the contractual sum ,
    not additional costs so again they are playing with the truth in the hope that you dont notice.


    show us the contract between PPM and the landowner, they are often so flawed as to be useless to the parking co.


  7. #47
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    Default Re: PPM/Gladstones Claimform - Windscreen PCN old Closed Iceland Store farnburn av, slough sl1 4xt .

    so get scanning!!
    one multipage PDFicon please only!

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  8. #48
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    Default Re: PPM/Gladstones Claimform - Windscreen PCN old Closed Iceland Store farnburn av, slough sl1 4xt .

    thank you all for your replies it is much appreciated.

    i have attached everything,
    also i have not yet sumbitted anything to the court or other parties as i do not know what to send or write..

    . in the letter from the court it says

    "each party shall deliver to every other party and to the court office copies of all documents (including experts report) on which he intends to reply on at the hearing no later than 14 days before the hearing. which i have 2 days to do. thank you


  9. #49
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    Default Re: PPM/Gladstones Claimform - Windscreen PCN old Closed Iceland Store farnburn av, slough sl1 4xt .

    what date is the HEARING?
    all you've told us was the fleecers have to pay the fee by

    unless the claimaint does by 4.00pm on the 16th november 2017 pay to the court the trial fee of 25.00, or file a properly completed application (i.e one which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with effect from 16 november 2017 without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred.

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  10. #50
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    Default Re: PPM/Gladstones Claimform - Windscreen PCN old Closed Iceland Store farnburn av, slough sl1 4xt .

    please note and advise all of the notices have a mispelling of the road on one letter, i dont know if this matters.

    Attached Files

  11. #51
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    Default Re: PPM/Gladstones Claimform - Windscreen PCN old Closed Iceland Store farnburn av, slough sl1 4xt .

    30th is the hearing


  12. #52
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    Default Re: PPM/Gladstones Claimform - Windscreen PCN old Closed Iceland Store farnburn av, slough sl1 4xt .

    then your WS is not due till/by Friday you can email the court it too.

    id be preparing your WS
    theirs' is very easy to pull apart.

    you'll win this handsdown if you do it right.

    and then ring the court Thursday and see if they've paid the FEE.

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  13. #53
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    Default Re: PPM/Gladstones Claimform - Windscreen PCN old Closed Iceland Store farnburn av, slough sl1 4xt .

    they did say in that email they sent to me, what they filed to the court
    (witness etc, pics of ntk and signage which i have attached in the above post).

    Does this mean that they still might not have paid the fee then?
    or is this there way of saying they paid it and were ready..


  14. #54
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    Default Re: PPM/Gladstones Claimform - Windscreen PCN old Closed Iceland Store farnburn av, slough sl1 4xt .

    Well, just one look at the sign says all we need to know.

    The sign is prohibitive therefore this should be a simple case of trespass to which only the landlord can claim against, not this silly company.

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  15. #55
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    Default Re: PPM/Gladstones Claimform - Windscreen PCN old Closed Iceland Store farnburn av, slough sl1 4xt .

    no could all be a ruse to make you wet yourself.

    which is why we say never give email ad's.

    it does not mean they have paid the fee just because they sent you a flippin email..
    you cant by email anyway...think about it

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  16. #56
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    Default Re: PPM/Gladstones Claimform - Windscreen PCN old Closed Iceland Store farnburn av, slough sl1 4xt .

    oh and their WS is terrible!!

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    Default Re: PPM/Gladstones Claimform - Windscreen PCN old Closed Iceland Store farnburn av, slough sl1 4xt .

    ok.. so what do i need to include in my written statement? (ive mentioned alot about the mispelling of the road surely this is a big thing as who ever the driver was of the vehicle at the time or whatever they are saying.. that road does not exist therefore i mean how can you there hmmm)


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    Default Re: PPM/Gladstones Claimform - Windscreen PCN old Closed Iceland Store farnburn av, slough sl1 4xt .

    Quote Originally Posted by parkinghelp1 View Post
    ok.. so what do i need to include in my written statement? (ive mentioned alot about the mispelling of the road surely this is a big thing as who ever the driver was of the vehicle at the time or whatever they are saying.. that road does not exist therefore i mean how can you there hmmm)
    I would suggest not bothering too much about the spelling. Aside from that error, the location is right therefore a judge is likely to say that it's a minimum issue and ignoreicon it.

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    Default Re: PPM/Gladstones Claimform - Windscreen PCN old Closed Iceland Store farnburn av, slough sl1 4xt .

    ok, could you please help me to what to include in this statement maybe some bulletpoint that i could expand on, needs to be sent off tommorow


  20. #60
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    Default Re: PPM/Gladstones Claimform - Windscreen PCN old Closed Iceland Store farnburn av, slough sl1 4xt .

    page 5 of their ws.

    the agreement.

    check each thing on it is correct

    the person signing that namely Mr R S Makker IS the MD of the asha props uk and asha group

    and that they are indeed the freeholder of that land.

    on which Iceland do indeed give their permission for speculative invoice to be issued etc etc.

    then keep going check every fact.

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