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. #21

    Default Re: PCM Windscreen PCN claimform - Sailsbury village - REsidential Permit fallen on Floor

    OK read the sign carefully, it says parking is permitted for ........ Well, if you werent displaying a permit you are prohibited from parking and prohibition is that, not a genuine offer of parking. This means that the conditions do not apply to you. The argument that the permit was fully visible is equal as the sign doesnt say it has to be in the front windscreen or any other specific place.

    The Independent Parking Committee was the name used by Will and John of Gladstones for the parking trade association but they didnt register it and someone else did so they had to change their name to the International Parking Community. as they threaten to sue anyone using the former name in relation to parking control they hsould by rights be seeking an injunction against their own member.

    This may seem to be a petty squabble but it menas that PCM cannot issue a lawful demand at that site because they havent followed the protocols laid down in the Protection of Freedoms Act 2012 that prescribes what has to be done so a parking cvo can claim anything from an individual.

    In short, there are at least 3 reasons as to why this claim is duff and you have already been told the increased amount issnt lawfully binding so even if you owed them money it would be £100 at most and adding the extra probably renders that contract void by misrepresentation so an unfair unenforceable contract.

    For the moment ignoreicon the muppets and whenit gets as far as Gladstones writing to you then you let rip regarding the use of the wrong IPC logo etc and tell them that you will quote themselves in court if they are stupid enough to take up a lost cause.

    Let us know what letters you receive and dont forget to update any address you have used even if that menas writing to them before they have done anything else or they may try their luck at court in the hope you dont get the claim formicon

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  2. #22
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    Default Re: PCM Windscreen PCN claimform - Sailsbury village - REsidential Permit fallen on Floor

    hi, so i have an update, i received a lettericon again from TRACE, saying i had 7 days from the 4/4/18 to pay, if i had missed this, then they will transfer it to their solicitors and be dealt with and i still haven't paid.


  3. #23

    Default Re: PCM Windscreen PCN claimform - Sailsbury village - REsidential Permit fallen on Floor

    that means they have wast3ede another £15. the solicitors will waste the same so soon they will ahve to demand £200 just to cover their costs!
    ignoreicon.


  4. #24
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    Default Re: PCM Windscreen PCN claimform - Sailsbury village - REsidential Permit fallen on Floor

    :í) thank you!! I will do


  5. #25
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    Default Re: PCM Windscreen PCN claimform - Sailsbury village - REsidential Permit fallen on Floor

    hi, so after months of not hearing anything i got this letter this morning, what would you recommend i do? if anything?

    Attachments Pending Approval Attachments Pending Approval

  6. #26

    Default Re: PCM Windscreen PCN claimform - Sailsbury village - REsidential Permit fallen on Floor

    that's a court claimformicon from a COURT NOT a LETTER........you do NOT ignoreicon it..

    please complete this:

    https://www.consumeractiongroup.co.u...ed-Aug-2016***

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  7. #27
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    Default Re: PCM Windscreen PCN claimform - Sailsbury village - REsidential Permit fallen on Floor

    Name of claimant: Parking Control Management (UK) Limited
    Claimants Solicitors: Gladstones Solicitors Limited
    Date of Issue: 3/10/18

    What is the claim for: the driver of the vehicle incurred the parking chargesicon on 31/01/2018 for breaching terms of parking on the land at Sailsbury village. The Defendant was driving the vehicle and/or is the keeper of the vehicle. And the claimant claims £160 for parking chargesicon/damages and indemnity costs if applicable, together with interest of £7.58 pursuant to s69 of the county courts act 1984 at 8%pa, continuing to judgement at £0.04 per day.


  8. #28

    Default Re: PCM Windscreen PCN claimform - Sailsbury village - REsidential Permit fallen on Floor

    so, for starters you need to register and log in at moneyclaimicon dot gov dot uk and then tick the box saying you intend to defend.
    there is an awful lot wrong with the claim, for starters PCM/Gladdys havent followed the Civil Procedureicon regs because they ahve failed to send you a proper PAP letter before actionicon.
    Secondly, the claim doesnt state in what capacity they are claiming from you, they cant claim from the keeper UNLESS they follow certain protocols and to weld the driver and keeper liabilites together requires proof of who was driving at the time. Also they dont say why there are aprking charges, is this money due under a contractual condition or money for breach of contract?

    After that they have no cause for action as the singage isnt an offer of a contract but prohibitive in nature.


    You then will have to file an outline of your defence so you will use these points. We recommend that you do this nearer the end of the allowed time so they dont send in a revised Particulars of Claim. It is probably enough to get them to drop the matter before it costs them more money as this abuse of process is their norm. Theyknow there is no real prospect of actually winning a defended claim and they slap in a court summons as a way of coercing you to pay up rather than as a last attempt to collect a genuine debt.


  9. #29

    Default Re: PCM Windscreen PCN claimform - Sailsbury village - REsidential Permit fallen on Floor

    pop up on the MCOL website detailed on the claimformicon.
    .
    register as an individual
    note the long gateway number given
    then log in
    .
    select respond to a claim and select the start AOS box.
    .
    then using the details required from the claimform
    .
    defend all
    leave jurisdiction unticked.
    click thru to the end
    confirm and exit MCOL.
    .

    .
    get a CPR 3114 request running to the solicitors
    https://www.consumeractiongroup.co.u...ng-Court-Claim)

    no need to sign anything
    .
    you DO NOT await the return of paperwork.
    you MUST file a defenceicon regardless by day 33 from the date on the claimform.

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  10. #30
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    Default Re: PCM Windscreen PCN claimform - Sailsbury village - REsidential Permit fallen on Floor

    I donít know what cpr 3114 request is, if you could explain thank you


  11. #31

    Default Re: PCM Windscreen PCN claimform - Sailsbury village - REsidential Permit fallen on Floor

    Quote Originally Posted by apahtan View Post
    I don’t know what cpr 3114 request is, if you could explain thank you

    Have you clicked on the link in dx's post #29?


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  12. #32
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    Default Re: PCM Windscreen PCN claimform - Sailsbury village - REsidential Permit fallen on Floor

    Quote Originally Posted by honeybee13 View Post
    Have you clicked on the link in dx's post #29?


    HB
    I have had a look but donít really understand it it, sorry


  13. #33

    Default Re: PCM Windscreen PCN claimform - Sailsbury village - REsidential Permit fallen on Floor

    well get your finger out!!
    from the date on the claimformicon [3/10]
    you only have 33 days to get things done else YOU@LL GET A CCJ BY DEFAULT!!


    its now the 14th that's 11 days WASTED

    go back up to post 26
    click the link and follow what it says.

    then follow post 29
    get AOS done on the mcol website
    click the blue link and post a 31:14 off too!

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
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  14. #34

    Default Re: PCM Windscreen PCN claimform - Sailsbury village - REsidential Permit fallen on Floor

    get the acknowledgement if service done NOW, the CPR 31.14 request is now of less importasnce because you are too late to hit them with that stick in your outline defence.


    So your defence so far is
    "1. no monies are owed by the defendant to the claimant because there was no offer of a contract to park so there can be no breach of contract. The signage they rely on is prohibitive in nature so their claim is at best an unlawful panalty
    2 The claimant does not say in what capacity they are claiming form the defendant as both their sigange and paperwork is defective to creat ANY liability whatsoever under the POFA and thus any demand has no lawful basis


  15. #35
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    Default Re: PCM Windscreen PCN claimform - Sailsbury village - REsidential Permit fallen on Floor

    I have done the acknowledgement form, so my next step is to write a letter of defence? who do i send it to? sorry i don't know much about this


  16. #36

    Default Re: PCM Windscreen PCN claimform - Sailsbury village - REsidential Permit fallen on Floor

    it goes via mcol just like the AOS but not till the 2nd nov

    IMHO send that 31:14 follow post 29

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  17. #37
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    Default Re: PCM Windscreen PCN claimform - Sailsbury village - REsidential Permit fallen on Floor

    thank you

    I have the 31:14 done, and I am going to send it via first class recorded tomorrow.


  18. #38

    Default Re: PCM Windscreen PCN claimform - Sailsbury village - REsidential Permit fallen on Floor

    now go back to post 26
    there is a link there
    click it
    read it and when done
    post the Q&A back here please so's we have ALL the info to PROPERLY advise you
    and we know you've read how to deal with claimforms ans absorbed it

    there are 1000's of parking claimformicon here to read as well
    the more you read
    the stronger WE become.
    CAGicon is self help too.

    dx

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
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  19. #39
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    Default Re: PCM Windscreen PCN claimform - Sailsbury village - REsidential Permit fallen on Floor

    Quote Originally Posted by apahtan View Post
    I have done the acknowledgement form, so my next step is to write a letter of defence? who do i send it to? sorry i don't know much about this
    Neither did any of us at the start, but start reading and get genned up.

    What you've done today is excellent. You've opposed their moronic claim. That's already a spanner in the works for them. Unfortunately most motorists just cough up due to being frightened of going to court or else pretend it isn't happening and the PPC get a default judgement.

    You've also requested important documents from them, which they won't send, so that'll make them look bad in court.

    BTW, I've been to civil court, it's not intimidating at all, the judge will appear in a suit and invite you to sit down round a table and give your side of the story.


  20. #40

    Default Re: PCM Windscreen PCN claimform - Sailsbury village - REsidential Permit fallen on Floor

    once you have given them 14 days to respond or the day before you need to submit a defence you sned your outline defence to the court via your moneyclaimicon online account ( open an account if you dotn have one, it is much easier to see how things are progressing and nothing gets lost)


    A simple defence will be the 2 sentence I put in post #34. This goes to the court and copy to the parking co solicitors.



    If you send this after the deadline for them responding to your CPR31.14 request you add the third point
    " the claimant has failed by way of a CPR31.14 request for documents to show any assignment of authority from the landlord to enter into contracts and to make civil claims in their own name. The defendant does not believe the claimant has locus standi in this matter".

    That last point will force them at some point to either produce a proper contract ( unlikely, it will be with the managing agents) or lose the action so they often discontinue

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