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HXCPM/Gladstones claimform ANPR PCN - Overstay Lawson Rd Brighouse HD6 1NY *** Claim Dismissed Costs awarded***


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Yes but just wasn’t sure if they could be underhanded and forego notifying that they were starting claim procedures...thereby gaining a default judgement (eventually)

 

Sorry I think maybe the conspiracy theorist in me is getting the better of me

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vehicle registered at current address? yes

NTK and other letters sent to current address? yes

 

If they then send claim form to another address how the hell wouild they expect to get the money from you?

If they took you to court thye add a load of costs they havent actually shelled out yet such as fees and solicitor costs.

they only pay these if it gets to a hearing and they bother to pitch up.

 

they would rather get you to poo yourself and pay up the inflated claim as that is another £75 in their pocket

so of course they will use the right address or when they get the CCJ by using wrong address you appeal for set aside and the cost is slapped on them for their unreasonable behaviour and they also risk not being allowed to start again by summary dismissal of a naughty claim.

 

They are greedy but not necessarily that stupid.

Edited by honeybee13
Paras
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  • 2 weeks later...

We have had a reply from Gladdy’s today.

 

They have dated the letter 5th April and given 30 days to respond, the letter was only delivered today a whole week after the letters date!!! !!!128545;

 

They have not included anything that was requested in the above letter but merely state that their LBCCC is ‘compliant with the most up to date version of the Practice Direction for Pre-Action Protocol and a such you will not be issued with an amended copy’.

 

What do I do now? Do we re-request the docs again or sit tight and wait for the Claim form?

 

TIA

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Sit tight. Think about it, you didn't really want a proper reply :wink:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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  • 1 month later...

Usual nonsense from Gladrags.

 

HX are getting noticed these days.

Kenny (the director) is keen to hide where they actually operate - they have an office in the Elsie Whitely Innovation Centre, Hopwood Lane, Halifax.

 

The registered address in Lytham has 20+ companies registered there (i.e. just a convenience) and the Huddersfield address is just a mailbox at Mailboxes Etc.

 

They do litigate and they seem to happily follow Gladdy's, no-one from HX will appear at court, Gladdy's will attempt to do it on paper alone and will try to mislead you.

 

Don't fall for anything - check any wording from Gladdy's e.g. if they send you an email or letter with a court document (e.g. an N180) check that it says it has actually been filed with the court, not that "it will be filed with the court" - this is a ploy to get site of your docs before filing theirs.

 

They also are regulars for claiming CPR 31:14 isn't applicable (it is until the court allocates to track so make sure you USE IT).

 

Having said that, among the large numbers of ongoing claims, I don't think Gladdy's can join the dots and know which claims are less likely to succeed - they just push them all knowing that the mugs at the car parking company pay their bill either way.

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  • 2 weeks later...

Thanks for that Ericsbrother and numnumnum.

 

In the end we did write a second letter requesting all items which G's will be relying on in court. Just to show in court (if it gets that far) that all reasonable measures have been taken on our part. Since then everything has fallen silent. It's been approx 6 weeks since the last letter was sent to them.

 

Is there anything we can do at this point to make this go away or do we just have to sit tight and wait for Gladys to decide what they're doing?

 

Have been cautiously prepping defence whilst waiting.....

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Stupid idea playing letter tennis

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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they have 6 years from the date of event to issue a claim.

 

By playing letter tennis and wording it as you have with your waffle about reasonable measures you have made it clear that you accept that you did enter into a relationship with them

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Thanks ericsbrother.

 

The second letter did not contain 'waffle' about reasonable measures. It was a second request (almost identical to the first letter) requesting all info.

 

I'm not sure sure what you mean when you say 'clear that you accept that you did enter into a relationship with them'.

 

Re-requesting info is something that should not have to be done. Just shows how uncooperative G's are being surely? Especially since they haven't even responded to the second request?

 

I realise they have 6 years from the date of issuance but I was unsure as to whether at this point due to the fact they haven't thus far complied with PAP, if there were any grounds for this matter to be now closed?

Edited by Chimichanga
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No

And they don't have to comply with PAP.

Does not apply to private parking

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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bad idea,

they werent taking you to court so you cant ask for the information.

They werent likely to either but now you have show that your knowledge has some big holes in it they may be tempted to try their luck.

 

They dont have to give you any notice either as you have basically invited the action.

 

 

#

Thanks for that Ericsbrother and numnumnum.

 

In the end we did write a second letter requesting all items which G's will be relying on in court. Just to show in court (if it gets that far) that all reasonable measures have been taken on our part. Since then everything has fallen silent. It's been approx 6 weeks since the last letter was sent to them.

 

Is there anything we can do at this point to make this go away or do we just have to sit tight and wait for Gladys to decide what they're doing?

 

Have been cautiously prepping defence whilst waiting.....

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Alas 'Big holes' is an understatement. Doing the best I can and am ever grateful for everyone's help.

 

Received claim yesterday. Am currently prepping defence. Completely out of depth here but refuse to give up.

 

Thanks again.

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first of all post up their claim so we can see what they are saying is the cause for action.

 

Also you need to acknowledge the service of the claim pronto online or by post) and get a CPR 31.14 request for documents sent off asap so they then do their usual and fail to respond before you have to sunbmit your skeleton defence.

 

You can then use their stick to beat them by saying they havent shown locus standi and that may well get their claim booted out without a hearing

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Phew. Thanks for not bailing on me, thought I'd blown it for a minute then!

 

Great thanks. Have just drafted letter (CPR31.14) will post up asap same for claim form.

 

RE MCOL...

.have followed instructions on how to acknowledge service of claim...

.but there's no defence box?

 

I know I don't put anything in the box but I'm worried i'm doing this all wrong!

Have created an account,

entered all details,

ticked the I intend to defend all of this claim..

 

..It then goes to the final page and asks for a tick in the 'I am the defendant' box, a tick in the 'I have read the guidance' box and a typed signature.

 

Does that all sound right?

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https://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***

 

please complete the Above

 

forget the forms use MCOL

give us the details e need

then we'll tell you the easy way to do it all

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks. Yes I'm using MCOL but the websites Acknowledgement of service looks different to what everyone describes....i.e theres no defence text box? so I was just trying to make sure I was doing the right thing.

 

Here are the Particulars of Claim as appear on the form verbatim:

 

The driver of the vehicle registration XXXXXX

 

(the 'Vehicle') incurred the parking charge(s) on xx/11/2017 for breaching the terms of parking on the land at Lawson Road Car Park Lawson Road Brigho

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 £x.xx pursuant to s69 of the

County Courts Act 1984 at 8% pa, continuing to Judgement at £0.04 per day.

 

The Claimant believes that the facts stated in this claim formare true and I am duly authorised by the claimant to sign this statement

Signed

 

Amount claimed £170

Court Fee £25.00

Legal Rapresentatives costs £50

Total Amount £245

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.

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 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

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

 

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)

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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lets be clear about this,

who are they suing,

you or spouse and who is the keeper of the vehicle?

 

Now if they are suing you and hubby was driving and named as the driver before they started legal action then they will lose their claim and have to start all over again.

 

They cannot interchange roles or responsibilities so lay it out for us.

They are suing the DRIVER according to their claim so that means they cant say ah well we only have keeper details and assume they are one and the same.

 

Your opening post says WE and there is no we either.

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Hey Ericsbrother

 

I'm doing most of the leg work and research / reading hence the I's and we's etc.....apologies for confusion....for clarity:

 

Driver is not and has not been named.

Spouse is being sued.

Spouse is Keeper of the vehicle.

Spouse was not driving and can prove this.

 

From what can be seen on the NtK, they are pursuing spouse 'assuming he was the driver of the vehicle'.

As we understand it they can pursue the keeper if the NtK meets POFA (as you said) but they cannot pursue the keeper based on the assumption that the keeper was the driver as this is not in accordance with POFA.

Does that make sense / sound about right?

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Their claim form states that they are suing him in his capacity as the driver.

When he points out that he was not the driver at the time they have nowhere to go as they arent and cant sue the keeper.

 

The defence should state that the defendant was not the driver at the time and thus the claimant has no cause for action against him.

This should be point 1, anything else will depend upon this so continue with pouint 2 by saying "in any case"..... so it is clear that this point stands on its own

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