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 charges 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 charges/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.

so, for starters you need to register and log in at moneyclaim 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 Procedure regs because they ahve failed to send you a proper PAP letter before action.

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.

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 start 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 3114 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim)

no need to sign anything

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you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

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

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

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.

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 moneyclaim 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

UPDATED VERSION-

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 charges 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 charges /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.

What is the value of the claim: £242.58

Amount claimed: £167.58

Court fee: £25

Legal representatives: £50

Claim has been issued by Parking control management- the parking company.

The Debt collectors Trace had sent me a few letters and I was sent a letter saying it is going to be assigned to the solicitors, Gladstones.

Also another point, when i received the charge, the letter wasn't sent to where the car is registered, my car is registered at home however all the letters was sent to my Uni address.

defence by by 4pm 2nd November do not miss it whatever does or does not happen

thye are suing you as the driver, hence the uni address. they arent clairvoyant.

so ive tried to post my defence letter as today is the last day for the claimant to reply to the 31.14 letter

however i cant log into the claim,

ive used the claim number and password from the letter and it is coming up as incorrect,

when i did my acknowledgement form i had no issues,

i plan on calling the help desk tomorrow,

i was wondering if they had withdrawn the claim.

Thanks for all of your help so far.

just means MCOL is having a hissy fit..quite usual.

ring the morning.

if it doesn't work they'll give you an email to use.

you can fax them, the fax is normally quiet these days as technology marches on. A day late wont be punished, they usually dont allow the claimant to do anything for 5 days after the defence submission date as they need the time to put stuff on the system anyway. I am involved in a case that has taken from the 16th sept until yesterday to get punched into the computer and that was supposed to be done by the 19th sept

I have received a letter from Gladstones saying they are going to carry on with the claim, and intend to request the case be dealt with on papers rather than a oral hearing. They have elected not to mediate and have said they are happy to listen to any genuine payment plan. They have also attached the clients completed directions questionnaire which they have said they will file to the court upon request.

Send them this-

Dear Gladdys

Do you think I would agree to dealing with this case on the papers considering who I am dealing with. A company that has lost time and again in Court over permits and who lied to become a member of the IPC. Then are so stupid they cannot get the name of their AOS correct and compound their stupidity by employing a second rate solicitor to carry out their work.

I am looking forward to my day in Court with you where I will show the Judge cases which you have already lost in Court [and you do have a lot of them] where permits are involved. I will of course be going for exemplary damages. Should you continue to press ahead not only will I be delighted but a strong complaint will also be made to the SRA.

Inform the court that you insist on an oral hearing, Gladstones always try to fool a defendant to allowing "On The Papers" it's an easy win for them then as their lies and insufficient evidence will be believed. On The Papers is always a no no.

Should I just write a letter/email to the court insisting I would like a oral hearing? Or is there a form? Also should I inform Gladstones as well?

If you write that letter above to Gladstones they shou!d drop the case.

They know In a defended case they will lose where the motorist has supremacy of their permit Against some stupid notice that is probably illegal anyway.

Do you really think they would want their disgraceful Court record dragged out In front of a Judge?

They are as bad as the crooks that run the car parks.

Of course if you want to go to Court just tell Gladdys that you want a Court hearing And then you will have to work hard on your defence and learn enough to be able to challenge them in Court.

I would suggest copying the letter to Parking Control Management as well and make it clear to Gladdys that you are doing so.

Gladdys get paid if they win or lose so love to egg on the companies to take court action, even when they know the case has no merit.

If Parking Control Management have even a modicum of intelligence (unlikely I know!) they won't want to go to court knowing they will lose.

you tell the court you want the case to be in open court in person, dont have to let the bandits know this because it isnt necessary as part of the procedure, the only reason it wouldnt be at your local court is if you agree to their terms , which you aret going to do. Letting court know this is a belt and braces exercise.

As for lookingforinfo's letter? Change it slightly and send it to the parking co, not Gladdys. They are paying Will and John twice over for rubbish advice so let them know that it will cost them when they lose and that you are well aware of their solicitors habits and they would be advised to drop the matter now rather than risking a claim against them in the aftermath of their drubbing for this misadventure.

Gladdys wont care if you insult them, they are used to it but they like to look tough in front of their IPC members.

By letting the parking co know directly that you are not impressed and will cost them more than they could ever hope to win they may well cut their losses and save themselves atleast £100 for the poor advice they would otherwise get to continue

This may sound like a stupid question and I’ve googled it but how do I exactly inform the court, do I write a letter/email to them?

Thanks in advance

Best to not use search engines but the search cag box of the top redtoolbar

Numerous examples here

So do I just draft a letter addressed to the court, saying that I want an oral hearing or should I have got an N180 form?

If I do have to draft a letter for the court, who do I address it to? How do I know the right court official will receive it? I assume it will look something like:

Dear Court official (?),

 

My name is ### and my case number is ###. The claimant has directly written to me asking for the case to be dealt with on paper. However, I disagree and wish to have an oral hearing.

 

Yours Sincerely,

###

 

Also for @lookinforinfo 's letter:

Dear PCM Parking,

Do you think I would agree to dealing with this case on the papers considering who I am dealing with? A company that has lost time and again in Court over permits and who lied to become a member of the IPC. Then are so stupid they cannot get the name of their AOS correct and compound their stupidity by employing a second rate solicitor to carry out their work. I am looking forward to my day in Court with you where I will show the Judge cases which you have already lost in Court [and you do have a lot of them] where permits are involved. I will of course be going for exemplary damages. Should you continue to press ahead not only will I be delighted but a strong complaint will also be made to the SRA.

This letter sounds a bit informal and a tad aggressive - is that OK?

Edit: Just wanted to add that even though it is aggressive, I was worried that it might disadvantage me or that PCM/Gladdys would just ignore it (or maybe I'm just scared )Also, I have been reading through various posts on the forum regarding gladdys and in many of them, they had an N180 as well - hence my questions. Apologies if it seems like I'm being lazy.

No it's not too aggressive and it won't disadvantage you, it does illustrate to the PPC that you are ahead of their game, so they might well decide to drop the case.