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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

jonnymango

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Everything posted by jonnymango

  1. jonnymango
    Thank you both once again for the directions. I'll be back when I've done my homework! When I had no response to my CPR request I started looking for any evidence of planning consent for any signage and found none. I'll continue to dig to make sure I'm not missing anything.
  2. jonnymango
    Thanks. They say "My company relies on Parking Eye v Beavis (2015) in which it was accepted as an established principle that a valid contract can be made by an offer in the form of the terms and conditions set out on the sign and accepted by the driver's actions as prescribed therein" Is there a refutation to this case anywhere? Or do I not argue that and just refer back to EB's earlier post and focus on the signs? "What you are writing is roughly your side of events and referring to the evidence you can provide so that will include their signage, any evidence or lack of authority for them to offer anything, their paperwork if that doesn't create a liability, the POFA where the vital phrases have been missed by the parking co or the timescales missed. then you pick holes in the wording and substance fo their claim, for example, contractual sum or breach of contract - they are different. are they claiming from you as driver or keeper, cant assume they are one and the same. What about the amount claimed? it will invariably include unicorn food tax so if they are saying keeper ia liable they are limited to asking for the amount shown on the NTK and you should make this clear as it helps damage their assertion that driver and keeper liability are the same thing As they havent responded to your CPR request for documents you can start off with that but it isnt a golden bullet, " thanks Thanks DX - I wondered about the blacked out bits. That's their doing not mine obviously. claimants_ws_.pdf
  3. jonnymango
    Hello again wise ones. So it appears that they wish to see it through to court, although not to attend in person. Court date is set for September 13 I just received their witness statement bundle as attached (redacted) part 1, and part 2 in the next post Obviously then I need to now prepare my version so any vital points and refutations to their references would be much appreciated as always. Based on their evidence am I stuffed after all this time?!
  4. jonnymango
    Done, thanks very much EB
  5. jonnymango
    Thanks Erics Brother, could you cast your eye over this as the body of the cover letter to the Court Manager to accompany my DQ... thanks Dear Sir/Madam, Please find enclosed my completed N180 Directions Questionnaire as the defendant. I note that the claimant has requested a Special Direction for the case to be dealt with on the papers. I do not consent to the claimants’ request for the matter to be dealt with on the papers and I believe the case should be dismissed under CPR3.4 on the basis that the claimant has failed to show any authority to enter in to contracts by way of their failure to produce such a contract, nor any evidence of planning consent for their signage under a CPR31.14 request. Furthermore, the claim is made against the driver of the vehicle but the claimant has failed to provide any evidence that I was the driver, and are illegitimately pursuing me as the keeper. Failing that I request that the matter is heard in person at XXXXX County Court, as this is the nearest County Court to me.
  6. jonnymango
    Cool, so they've just used that as an unnecessary obstruction to avoid having to provide me with the information requested, and I can still claim that they have refused the request as I don't need to prove any residency, I could in fact have just wanted the correspondence to come to my office instead of home address?
  7. jonnymango
    Thanks EB, one thing re the CPR31.14... I recently re-read a letter (attached) they sent to me wanting proof of my residence at the new address I sent for future correspondence with the CPR request said if I didn't they would close the request - at the time I just read it as close the request to use the new address, not close the request for the CPR 31.14. I didn't read it properly at the time, and didn't want to give them proof of my address, knowing that I still have the mail redirection in effect. However, they have in fact used the new address for the most recent correspondence anyway. Have I slipped up, or have they? ChangeofAddress.pdf
  8. jonnymango
    Cheers. Worth making the CPR 31.14 request again at the same time?
  9. jonnymango
    Thanks, so just do the Directions Questionnaire and send it (with a covering letter?) back to the court? No contact with Gladstones?
  10. jonnymango
    hello again wise ones. So as expected I got the letter from Gladstones saying they are proceeding with the claim, request to deal with on the papers, matter relatively straightforward, costs to attend hearing disproportionate, elected not to mediate, client would be happy to listen to any genuine payment proposals. Subsequently a couple of days ago received notice of proposed allocation to small claims track requiring completion of the Small Claims Directions Questionnaire by May 15 So, do I reply to Gladstones first, refusing to agree to it going on the papers and requesting again the information previously requested? Then fill out the Directions Questionnaire and send that back to the courts? Then go back to EB's post and start preparing a statement, or do I wait to see if they decide they are actually going to take it to court before putting time in to that? Thanks in advance as always! GladsProceedWithClaim.pdf AllocToSmallClaimsTrack.pdf
  11. jonnymango
    Thanks DX , will do.
  12. jonnymango
    Sounds like you could write a book nevermind a long post! Fingers crossed they drop it further down the line.
  13. jonnymango
    Thanks Brassnecked, much appreciated.
  14. jonnymango
    Defence submitted. Thank you, and I'll be back as soon as I hear anything further. On that note, what am I likely to hear next from anyone?
  15. jonnymango
    Thank you. Will do, and really appreciate your time and efforts.
  16. jonnymango
    Thanks EricsB, you put the wotsits right up me there before! Am I ok to copy-paste your version in to my defence statement?
  17. jonnymango
    Thanks Eric, I appreciate all of the above, I am somewhat surprised that this advice about the depth of information required to be submitted now is contrary to yours and DX100's previous advice that.. "Once you have acknowledged the claim you have another 14 days to submit an outline of your defence. You can use something straightforward like "there was no offer of a contract by the claimant to the defendant at the time so there is no cause for action" or something like that." and "your defence is not a letter its a 2 or 3 line text file you upload to mcol website." I'll revisit, but would very much appreciate the benefit of your experience. thanks
  18. jonnymango
    Thanks Shamrock, I'll try again.... "I am challenging the validity of this claim for the following reasons: 1: The initial NTK is not POFA compliant. It states that Gemini act for an un-named client and does not name themselves as creditor. 2: The signage present at the entrance to the street and adjacent to parking pays does not indicate any charges, tariffs, penalties, or times of operation of restrictions, and does not constitute an offer of a contract. 3: The NTK states the driver of the car became liable for the charge, and the claim is against the driver of the vehicle. No evidence has been offered by the claimant as to the identity of the driver of the vehicle on that day. They are pursuing me solely as the registered keeper. 4: Information requested by a CPR 31.14 request made via recorded delivery, for information relating to the claim including proof of authority from the landowner to enter in to contract with the motorist has not been provided, and the claimant has failed to provide evidence of that authority and the authority to enter in to contracts and make subsequent civil claims, and to provide evidence of planning approval for their signage." Further advice welcomed please, thanks.
  19. jonnymango
    Morning all, been away for a couple of weeks so I am just about to file my defence (today or tomorrow latest). Based on the wisdom imparted in this thread and the links provided I am proposing the following statement, which I would be grateful if you could advise on its suitability in this case: "The signage present at the parking location states permit holders or pay by phone. This does not constitute an offer of a contract, has no mention of any monies being due to the claimant, and doesn’t carry a list of core terms for the driver to consider, let alone mention any monies being owed for breaching such non-existent terms. A CPR 31.14 request made via recorded delivery, for information relating to the claim including proof of authority from the landowner to enter in to contract with the motorist has gone ignored and the claimant has failed to provide evidence of that authority and the authority to enter in to contracts and make subsequent civil claims." Thanks in advance
  20. jonnymango
    Thank you dx. I had a quick look yesterday and will have a proper look at the defence filing section on MCOL this evening. cheers. CPR letter will go in the post recorded delivery today.
  21. jonnymango
    haha! cheers Ericsbrother.
  22. jonnymango
    Thanks EricsBrother and Dx, much appreciated as always. could you please cast your eye over the attached and give it the nod to go off to Gladstones. Also, further to EB's line about the defence statement, "there was no offer of a contract by the claimant to the defendant at the time so there is no cause for action" or something like that." are there any links to a full typicala letter similar to the one for the CPR Request? Gladstones Solicitors CPR31-14 Req Redacted.pdf
  23. jonnymango
    As requested dx... Service of Claim has been acknowledged online and defend all selected. Name of the Claimant : Gemini Parking Solutions London Limited, 13-17 High Beech Road, Loughton, Essex, IG10 4BN claimants Solicitors: Gladstones Solicitors Limited, The Terrace, High Legh Park, Warrington Road, high Legh, WA16 6AA Date of issue – 12th March 2019 Date to submit defence = April 12 (33 days in total) - What is the claim for – the reason they have issued the claim? 1,"The driver of the vehicle with the registration XXXXXXX (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at Logan Close - Logan Close East Village Development London E20, on 24/09/2017 thus incurring the parking charge (the 'PCN'). 2.The driver of the vehicle agreed to pay the PCN within 28 days of issue yet failed to do so. The Claimant claims the unpaid PCN from the Defendant as the driver/keeper of the Vehicle. 3.Despite demands being made the Defendant has failed to settle their outstanding liability. 4.THE CLAIMANT CLAIMS £100 for the PCN, £60 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £17.73 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at £0.04 per day." What is the value of the claim? Amount claimed £177.73 + Court Fee £25.00 + Legal Representatives cost £50.00 = Total Amount £252.73 Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Claimant is the Private Parking company, Claim form is signed by Will Wareing as Claimant's Legal Representative Were you aware the account had been assigned – did you receive a Notice of Assignment? It's not been assigned has it? - Back in December 2017 I received a letter from Debt Recovery Plus Ltd demanding £160, and then nothing until the Letter Before Claim from Gladstones acting on behalf of Gemini in November 2018 thanks
  24. jonnymango
    Apologies to you and Mrs O'Frog for the unwittingly casually sexist generic greeting!
  25. jonnymango
    Cheers, yep, know I have to respond to this asap

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