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: EPS/Gladstones windscreen PCN Claimform - Lidl store

    Ok, you have a claimformicon and so you must now defend the claim against you.
    Their claim is a standard vague cut and paste job so it will contain no detail as they dont spend any time and effort on this or they dont earn any money.

    First thing you need to do is acknowledge the claim.
    Best way of doing this is to set up an account online at moneyclaimicon. gov. uk (no spaces) and follow the procedure.
    the enter your case referenec and it will throw up the details.

    all you need to do is then tick the box saying defend in full and you buy yourself the best part of a month to submit an outline defence that will be submitted the same way. For politeness you also send a copy to the parking co's solicitors-Gladstones.

    Now we understand what they have done but there are things we need to know such as what did you say in your letters and more importantly, what the signs at the site say. They are claiming that the ticket given to you at the time laid out the necessary information regarding what the breach was, where the land was so it can be properly identified and other things. Now this breach must match one of the conditions or there can be no breach.

    Do you still have the original ticket?
    the fact that their bod was rude is irrelevant as is anything about why you were there or that you wandered off for a while, it is about the CONTRACT and nothing else now so show that there was no breach of the actual terms and they are stuck sayig well, we meant to say this or that but the dog ate our homework or they left the new sign on the bus.

    Basically Gladdsy don't have clue and you can use this to beat the claim.
    It is just a shame that you need to do this, if they were honest it would have all been done away with but there isnt an honest parking co in the land that would use Gladdys so you are stck with what you have.

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  2. #22
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    Default Re: EPS/Gladstones windscreen PCN Claimform - Lidl store

    Thank you for sorting that. I only had access to my iPad last night and I couldn't work out how to amend the PDFS on that, so was going to try today on my mac.

    I did the AOS on the same day I received the claim formicon as per your advice. I don't have any other paperwork and I'm not aware that I've had a notice to driver. I've just had the documents you've posted for me. I am going to take some photos of the car park tomorrow, making very sure I don't leave the premises at any point when I do!

    I will speak to the Council re planing permission this week.


  3. #23

    Default Re: EPS/Gladstones windscreen PCN Claimform - Lidl store

    have you sent CPR off?

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data download times and costs
    If you want advice please PM me a link to your thread. PM advice is not allowed!!
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    RIP Martin3030

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  4. #24

    Default

    you say you had a threatening letter in feb, do you still have this?
    What correspondence do you have and what have you had that is now binned?

    also what have you said to them ,
    for example if we argue that their bod only saw you at the boot of your car and they say you left the site they are stuffed unless you have admitted going off on an expedition somewhere.

    However, leaving the site isnt a breach because it is an unreasonable condition.
    See VCS v Ibbotson

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  5. #25
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    Default Re: EPS/Gladstones windscreen PCN Claimform - Lidl store

    Hi all.

    It was the Letter Before Court Action I had in Feb. I haven't binned anything. Everything I have had I've kept. I have admitted leaving the site already.

    I have had a reply from Gladstone today. They have sent me copies of parking signs, a boundary plan of the site and letters they say I have had plus photographs of me at the car - which I feel uncomfortable about. They have also sent a 'copy' of a letter dated 7th Feb telling me they are not cancelling the charge and how to appeal via IAS, which I have never seen before as I would have appealed straight away if I had.

    They have sent a one page document which looks like it may be an agreement from the landlord to run parking on the site but I need to read it first as it's not clear. It also has the condition about not leaving the premises in the agreement dated 9.11.15 but I'm sure that was only brought in last year so am going to check with Lidl when that happened. They have not sent proof of planning permission.

    I have taken some photos of the site which I've not posted as I thought I'd wait until this came. I am happy to scan and post what I've had if it's any use.

    I will look at VCS v Ibbotson.

    Any suggestions as to what to do next would be welcome.

    Thanks


  6. #26
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    Default Re: EPS/Gladstones windscreen PCN Claimform - Lidl store

    Quote Originally Posted by SezzerB View Post
    how to appeal via IAS, which I have never seen before as I would have appealed straight away if I had.
    The IPC, the IAS and Gladstones are all run by the same people (no conflict of interest there!)

    They never, ever, ever accept appeals. Ever. Not even during blue moons or when pigs sprout wings. Never. It would have been a waste of time to appeal.


  7. #27

    Default Re: EPS/Gladstones windscreen PCN Claimform - Lidl store

    Interesting point is the claimformicon does not say where the offence took place...

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data download times and costs
    If you want advice please PM me a link to your thread. PM advice is not allowed!!
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  8. #28

    Default Re: EPS/Gladstones windscreen PCN Claimform - Lidl store

    Quote Originally Posted by dx100uk View Post
    Interesting point is the claimformicon does not say where the offence took place...
    Doesn't that put their claim in doubt as in invalid if there is no address for the alleged infringement?

    The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!
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  9. #29

    Default Re: EPS/Gladstones windscreen PCN Claimform - Lidl store

    Imho yes!!

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data download times and costs
    If you want advice please PM me a link to your thread. PM advice is not allowed!!
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  10. #30

    Default Re: EPS/Gladstones windscreen PCN Claimform - Lidl store

    The lack of address of the site where the "alleged" infringement took place might be a good point to make in any defence, as in nothing to ground anything for the PPC to claim on. Thoughts EB?

    The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!
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  11. #31

    Default Re: EPS/Gladstones windscreen PCN Claimform - Lidl store

    the land must be identified and this doesnt necessarily mena an address, just a unique location. So Giants Causeway car park is pretty unique but Sainsburys London isnt.
    Now if they say car park on High St, anytyown and you can show that there isnt a car aprk that matches this address or description you are also home and dry as they wont be able to show that they have a contract with every bit of land on that High St so a big question about their authority will need to be proven by them. even the pictures of your car wont be enough unless they can prove there isnt another spot in that road/town that doesnt look similar and they wont be going round photographing the entire neighbourhood as they want to do you over on the cheap.

    Gladstones have just used autofill for the court form so you will need to refer back to the NTK as that is the key document. No proper address on that and then they have snet a lawful demand in the first place ( see POFA)


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