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About DarwinUK

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  1. Just had an email from these muppets. "We act for the Claimant and have notified the Court of our Client’s intention to proceed with the claim. Please find attached a copy of our Client’s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate. You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward. " Ive replied stating that I want it to go to court, and asking if I need to fill out any form. I cant believe the arrogance of these two companies. Pay up now before it gets to court to save yourself money, cause we're gonna screw you.
  2. Hi I've got all the letters and emails all in date order, and the emails from the HA as well all in a nice plastic wallet. Plus the photos that need printing out. So that's nearly all there.
  3. Hello ericsbrother. Yep you're spot on. They believe they are the "Big man" outside of court and that I will bottle out and ask for a payment plan. Unfortunately for them they are assuming wrong. I will have to do a lot of running around, turn up to court, but to kick their butts it will be worth it.
  4. Disclosure stage, is that just before the court date, or what comes out of their mouths on the day ?
  5. Hi Everyone. Just had this email reply from Gladstones: Dear Mr XXXXXXXXX[/FONT] Thank you for your correspondence. We refer you to CPR 31.14 (1) (a) which states that a party may only request a copy of a document which is mentioned in another party’s statement of case. As the documents you have requested are not mentioned within the Claimant’s statement of case, these will not be disclosed. Yours sincerely, Ellie Coughlan Litigation Assistant e : ellie@gladstonessolicitors.co.uk
  6. OK. I will take a couple of days to get the defence letter written and then re-post. Not having been in this position means I have no idea whats expected, or what will happen. Ive been a witness a couple of times, been to a DWP tribunal before. Am I to assume that this case will be sort of like a DWP tribunal, informal, sitting at a table etc ?
  7. Oh Yes, thats the bad boy that got sent. Just working out if I should send a nice sarcastic letter to Gladstones about UK CPM paying me to NOT go to court and cancelling the Parking Charge Notice, due to them not having a contract with the HA, see if it gets sorted without anymore aggro from them.
  8. If thats the letter to Gladstones, then yes I did send, they should have received it this morning.
  9. Hello Everyone. ericsbrother. 15th Aug received the county court claim. Date of issue was 14th Aug. 16th Went online to the court site and entered my details as instructed by dx100uk Im trying to upload a pdf of photos as requested by honybee, but see below as to what my defence will be. 1. It is admitted that Defendant is the recorded keeper of [car reg]. 2. It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012. The alledged parking charge offence took place on 29/04/2017, the Notice To Keeper letter was issued by UK CPM on 16/04/2017 and received by the registered keeper on 20/05/2017. This notice has therefore not been served within the time limits specified by the Protection of Freedoms Act 2012, Schedule 4. 3. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. 3A - Sovereign Housing have confirmed they have no contract with UK Car Park Management. 4. If there was a contract, it is denied that the parking charge is incorporated into the contract. As per Thornton v Shoe Lane Parking [1971] 2 QB 163, the relevant term must be made known before a contract was formed. Here, the charge was not incorporated into the contract because : A - The signs were not clearly visible, B - Placed too high up on the posts, C - Too far away from the entrance to the car park D - After receiving the Notice To Keeper I visited the car park to take photos. One of the conditions on the sign is "You must park wholly within a marked bay. No parking on roadways / yellow lines / paved / hatched or landscape areas". The bays are not clearly marked as which are assigned to tennants and which are visitor bays, and other vehicles were parked on roadways and pavements. E - UK Car Park Management do not physically attend the car park to manage parking. A designated tennant takes photos of cars, emails them to UK Car Park Management, UK CPM then raise a Notice To Keeper and on payment of the Parking Charge Notice the designated tennant is paid ten pounds. 5. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Dyson Close.pdf
  10. Thanks to everyone. Im going to get the letter to Gladstones done over the weekend and send it. Ive a sneaky feeling they're not going to back down, maybe expect me to cave in and just pay up, or not attend court and then get judgement against me. Under the circumstances I have to defend this. The whole setup at the address where UK CPM operate, just smacks of an amateur company trying it on. The whole site doesnt look right, the tenant taking the pics has a financial gain and doesnt feel right, it all just stinks. UK CPM may be thinking that I will panic or not be up to all the running around. I also went back to the site the day after receiving the NTK and took photos of the site layout. Parked my car where it was when the photos were taken, and took photos from the view of the window. Is it worth getting these printed out and take with me to court to show as evidence ? Thanks Phillip
  11. LiT = Litigation ? For attending court and defending myself ?
  12. Hello dx100uk Hope so.... .. So do I still wait the full time before posting my defence ? Or do I do it early ? Im definitely going to ask for costs. Do I add a request to claim for costs at the court, or online ? Please excuse me asking silly questions, never been in this position before. And Im assuming costs mean travel expenses / parking only, and that asking for extra for harrassment wont wash.
  13. Sorry ericsbrother, but you keep saying my car was at my own home, in a parking space outside my own home. It wasnt. I didnt receive a Parking Charge Notice for parking outside my own home. The Notice To Keeper was sent because the car was parked at another private car park owned by the same HA as I rent my place from. I have now received confirmation from the HA saying that there is no agreement between the HA and UK CPM, so Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC) must be relevant. I will also take your advice about the tennat taking piccies etc. Thanks Phillip
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