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.

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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. #61
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    Default Re: HXCPM/Gladstones claimform - ANPR PCN - Overstay

    Morning!

    I hope you're all well. Thought a quick update was in order. Gladstones have written a letter (dated 28th June....not entirely sure what type of mail takes 6 days to arrive) which has been received outside of the 14 days in the CPR request letter to Gladstones.
    Their client name has changed from HX Car Park Management to UK Car Park Management? Not sure if that matters?

    It reads:
    Thank you for your letter dated xxx

    CPR 31.14 requests allow a party to inspect documents which are mentioned in another party's statement of case. In view of the fact that the requested documents you have outlined do not appear in the Claimant's statement of case, these will not be provided.

    Notwithstanding the above, we also trust you agree that in view of the fact that this case will inevitably be allocated to the small claimsicon track where such requests do not apply; to comply with a request of this nature would go against the spirit of the overriding objective.

    We trust this answers your query.

    Yours Sincerely,
    Gladstones Solicitors

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  2. #62
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    Default Re: HXCPM/Gladstones claimform - ANPR PCN - Overstay

    can you scan it up please to PDFicon

    read uploadicon

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  3. #63
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    Sorry DX. Tried that earlier and failed so typed it up verbatim instead. ��

    Do any amendments need to be made to the defence prior to submission? Other half was going to submit defence today.

    Thanks


  4. #64
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    Default Re: HXCPM/Gladstones claimform - ANPR PCN - Overstay

    What date is top right on the claimformicon?

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  5. #65
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    It's the 11th June


  6. #66
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    Default Re: HXCPM/Gladstones claimform - ANPR PCN - Overstay

    So not due for another week yet dont file early no

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  7. #67
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    Default Re: HXCPM/Gladstones claimform - ANPR PCN - Overstay

    Quote Originally Posted by ericsbrother View Post
    goodo, keep it short for the moment, you can expand in detail when you have to submit witness statements about a fornight before the hearing.
    so major points ot conside.
    1 no cause for action ( suing wrng person)
    2 you do not believe they have authority to enter into contracts/make claims as they have failed to produce assignment of rights from landowner as part of CPR 31.14 request.
    3 no planning permission shown for signs and equipment as per CPR request so cannot enter into criminal compact with them.

    4 no contract offered or entered into by way of signage.
    5 the amount claimed is greater than that allowed under law, doesnt say whether it is a contractual sum or monies due as a result of a breach of contract so it is unclear as to how this sum was arrived at and thus the claim breaches CPR 16.4 and should be summarily dismissed.


    These are the usual and tend to be vague enough to allow you to add buckets full of detail later but give them anough to see that you have got them. You sometimes hear of court cases where the defence is " i only overstayed by a few minutes and this is unfair"and that is doomed to fail because it is an admission that the contract was breached.
    ^^^^^^

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  8. #68
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    it is important that their client has changed as they are 2 separate companies and there is no automatic right for one to take over the affairs of the other.

    This may means you win because the new claimant has no interest in the matter despite them claiming it is the same tired faces involved in both failing companies.

    As for them not responding to a CPR request for documents
    - GOOD, that means you can say that you dont believe they have the necessary rights and permissions

    it is for them to prove they do have it all tied up well before the day of the hearing or they lose.

    Gladdys know this but they wont tell their client to do the decent thing as they hope that you are unwise to their trickery and decide to settle without seeing their hand.
    so, adjust the simple defence above to include

    1. the claimant has no locus standi, HXCPM and UKCPM are not the same entity and so the claimant is an uninterested third party in this matter.

    no link shown on companies House and no directors in common. they are either crooks or liars, could be both though

    OK pictures of signage as of the date of incident are now critical so have you got them? If not get down to the site and get the piccies showing HX or whoever.


  9. #69
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    Thanks DX.....Ok. Will do. Wait until next weds to file defence?

    Thanks Ericsbrother...
    was hoping that was a boo boo on their part!

    OK will add/amend the point suggested above to his defence.
    Yes do have pictures already, took them a while back, theres also some on another forum that someone posted up of the same site (didn't want to mention forum as not sure it's allowed)

    Thanks so much you guys have been such a massive help, and really are the only reason he's doing this ( and me of course).

    Have amended as follows:

    1. It is denied that the Defendant was the driver of the vehicle on 25/11/2017. The
    Claimant is put to strict proof. The Defendant admits that he was the registered
    keeper of the vehicle referred to in the claim.

    1.1 The fact that the Defendant was not the driver was communicated to the
    Claimant in a letter the Defendant posted by a tracked/signed for method, following receipt of a 'Final Demand' soon after the Defendant had returned from a family holiday in New Zealand for 6 weeks (28 Nov 2017- 10 Jan 2018).

    1.2 The Defendant denies that any monies are owed for any reason.

    1.3 The Claimant has no locus standi, HXCPM and UKCPM are not the same entity and so the Claimant is an uninterested third party in this matter.

    Have just looked through all the letters from G's and the claim formicon (except the one received today) all have HXCPM as the Claimant, It's only todays letter that has UKCPM as the client.

    I'll try to uploadicon pics of letters/claim form etc again later tonight.


  10. #70
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    Default Re: HXCPM/Gladstones claimform - ANPR PCN - Overstay

    One multipage PDFicon only please
    Read uploadicon

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  11. #71
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    Default Re: HXCPM/Gladstones claimform - ANPR PCN - Overstay

    what is on the claim formicon?

    It may be that Gladdys have just not bothered to cut and paste properly so if that is the case then scrub the bit about the different companies

    just take that to court with you to show that there is confusion (gladdys wont be there, they pay another co to turn up) and then you can argue with their rep about who is involved in this claim and the poor sod paid to present will be stuck without an answer.


  12. #72
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    Default Re: HXCPM/Gladstones claimform - ANPR PCN - Overstay

    Thread tidied

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  13. #73
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    Thanks ericsbrother, it says HXCPM on the claim formicon so I'm guessing it's a copy and pasting error on the letter

    . I think it may be best to remove that point too.


  14. #74
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    Default Re: HXCPM/Gladstones claimform - ANPR PCN - Overstay

    yes
    Say nothing until the day then hit them with it just to throw a bit of confusion into their claims.

    As said, their hired gun wont have a clue and you may well wrong foot them.


  15. #75
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    Thumbs up Re: HXCPM/Gladstones claimform - ANPR PCN - Overstay

    OK will do thanks for that.

    The 'Defendant' is getting antsy.
    He logged on to MCOL and their blurb says the defence must be filed within 28 days of the date of the claim.

    I know there is 5 day grace period but it says nothing about that on MCOL .

    Should he just file the defence today or is it still too early?

    Ever so slightly worried.....again!

    Thanks!


  16. #76
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    Default Re: HXCPM/Gladstones claimform - ANPR PCN - Overstay

    right, as you know at this time all it needs is a skeleton defence so what does the defendant intend to write?

    get it posted up here and we will advise accordingly.

    The main thing is not saying too much in detail at this point or you can lead yourself down a dead end road.

    If they have failed to follow the protocols of the POFA then there is no keeper liability so stating that as the first point is OK but dont add anything to that statement, nothing about who may have been driving
    , the fact you were in prison on remand at the time or anything else,
    it is all irrelevant to the failure to create a keeper liability.

    next you say that anyway there is no contract between the defendant so no breach can have possibly occurred and no basis of claim.

    again, no need to go into detail,
    there could be a number of points you want to raise later about this
    but stating a simple fact is enough for the moment,
    let them think about it and worry.

    thirdly you can state that they have failed to show locus standi by not producing a copy of the agreement between then and the landowner that assigns the right to enter into contracts with the public and to make civil claims in their own name nor have they produced evidence of the necessary planning permissions for their signage or other equipment.

    that is more than enough for the moment.

    yes, this can be submitted at any time up until the last date but send it too early and Gladstones will change their claim to fit in with what you have said

    so for example if you state that the claim is for a breach of contract when it is a contractual sum they are claiming ( big difference even though it is often missed) then they will adjust the wording of their claim.

    Likewise if you go anywhere near admission of being the driver they will tweak the claim to suit.

    generally what they write is generis rubbish so in the Witness Statement the defendant should pick up on these points and say that they havent made it clear as to why the money is owed

    and in what capacity they are suing the defendant as it cant be both driver and keeper it has to be one or the other and the lack of POFA complaince means they have to show evidence as to who was driving at the time.

    all of these points arent generally enough to see off a claim on their own even if the judge uses one of them to dismiss the claim,

    it is usually because of the weight of evidence in your favour and the other points then dont need mentioning on the record.

    You rarely get a full list of what went wrong for the claimant because there is no need to list them all out but you include everything as you cnant afford to second guess the judge

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  17. #77
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    Thanks Ericsbrother.

    That's all really helpful.

    The defence is still the same as that which is posted above. I just don't know what consists of too early to submit defence?

    Is day 28 ok or does he wait until weds?...(day 31) or even later?


  18. #78
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    Default Re: HXCPM/Gladstones claimform - ANPR PCN - Overstay

    Do not file until friday 13 th by 4pm
    Day 33 from the date on the claimformicon which is one in the count

    You get 28 days from service of the claimform
    Service of the claimform is deemed done in 5 days

    ..28+5=33

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  19. #79
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    Default Re: HXCPM/Gladstones claimform - ANPR PCN - Overstay

    send it whenever you want as long as it gets there in time.

    Too early is like last week or the week before,
    they will have trouble trying to fiddle things now and anyways, they are hoping that you wont have spotted their errors and still go for trying to wind you up before the actual hearing.

    Once they get the WS they will probably apply the brakes and slink off back into their bunker, which I believe is on the 17th fairway, next to some rabbit poo (look up their registered address to appreciate this).


  20. #80
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    Brilliant. I get an answer to my question and you both say the complete opposite. Too funny.

    And love the rabbit joke, understood it straight away ha ha.

    Hopefully I can leave you in peace for a few days now...but don't hold your breath!!!

    Thank so much.



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