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About bigphil61

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  1. Hi Mandak, I've not been given a hearing date yet, so it looks like you will be in court before me! What I have found out so far, after a freedom of information request, is, ' The signage at Perry Barr One Stop in relation to traffic signs is excluded from Birmingham City Councils (BCC) direct control and therefore are permitted and do not require planning consent'. And, 'There is no Traffic Regulations Order issued by BCC' currently in place. I've got my fingers crossed for you and hope you have taken the advise given by the guys on here, looking forward to hearing you won! Hi Ericsbrother, Dx, What's your thoughts on their response, as it seems to me that they have evaded my question regarding advertising and the planning permission required for that?. ..BP
  2. Hi Dx, EB, Oddfellow, I've been reading an awful lot of transcripts/cases on the Parking Prankster's site and the issues raised here on CAG over the last few days have come to the conclusion that these parasites, along with their sidekicks (in this case Gladstones), hope we'll remain ignorant of the law and the BPA's code of conduct and just pay up! Thanks all for your encouragement to fight on and your continued assistance....BP
  3. Hi EB, DX, DQ filled out and sent back to the court and duly served on the Claimant's solicitor. I have requested my local court for the hearing. My thoughts at the moment are to continue trying to get a definitive written answer from my local council regarding PP and to start getting a court bundle together. I could not get through to anyone at the council prepared to tell me anything regarding PP, so I've sent in a FOI request. As for the court bundle, I believe I should gather as much case law supporting my position as I can find! Having said that, I'm hoping that you will be able to advise me on the best course of action at this stage and perhaps give me a bit of guidance on any applicable recorded case law that your aware of, so that I can take my time getting up to speed on it, i.e. well before any hearing date is confirmed?....BP
  4. Hi EB, Thank you for your continued support and advice, it is, as always, appreciated. I've just replied to their email as per your advice and will read up on CPR 27.14 to see exactly what's allowed...BP
  5. Hi Dx, Thanks for the response and your points taken on board. I reckon I'm more than happy to have an oral hearing at my local court... Is it the AQ stage next?
  6. Hi EB, Dx, Earlier today I received an email from Gladstones, your thoughts on this would be appreciated: We act for the Claimant and have notified the Court of our Client’s intention to proceed with the claim. Please find enclosed 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; i.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. We trust you agree. 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. Not with standing this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward. Kind Regards L Litigation Assistant Gladstones Solicitors Limited Enclosed with the DQ was this: REQUEST FOR SPECIAL DIRECTION The matter will be considered on paperwork without a hearing. The parties attendance is not required and the Judge will determine the matter based upon the documents and evidence supplied and any written representations received.
  7. Hi Ericsbrother, I appreciate your help with this, I'll be a little bit more forceful when I call them again, thanks...BP
  8. Hi Ericsbrother, I have tried in the past to talk with an actual person, without success, but based on your thoughts I'll keep on trying! What is the correct PP that they need to have in place?....BP
  9. Hi ericsbrother, I 've requested proof of planning permission and I've been in touch with my local council's planning department for the same, awaiting any response. BP just checked through my junk mail and found an email from my local council showing how to access the PP info. It gives the document ref, date of application and briefly states : 'Landlords advertising for the shopping centre directional signage along Walsall Road and within car park'. It goes on to state that this was approved. I checked through all planning permission applications for the landlord and could find nothing else regarding signage. Would Park watch need their own permission for signage or do they get away with using the permission given to the landlord?...BP
  10. Hi Dx, Thanks for that, I've updated my request and will be posting out today...BP
  11. Hi Dx, I've had a bash at putting a CPR 31.14 request (loosely based on the template in the library, I'm just highlighting here the bits I've changed) together to send to Gladstones, could you take a look and let me know if I'm in the right arena or if I'm barking up the wrong tree? ....BP CPR 31.14 Request. On 17 June 2016 I received the Claim Form dated 15 July 2016 in this case issued by you out of the County Court Business Centre. I can confirm that I have returned my acknowledgement of service indicating my intention to contest and counter claim your entire claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of verified and legible copies of each and every document you intend to rely on. Although, It has been noted that in your Particulars of Claim that you fail to mention any documents, in our opinion the following documents are required in order for you to make any viable claim: 1. Written authorisation of the landowner as per BPA regulations. 2. A photograph, time and date stamped showing arrival and departure of the vehicle. 3. Photographic evidence showing that a Blue Badge was not displayed in the vehicle at the time of the alleged breach. 4. A photograph showing that your contract terms and conditions signage was conspicuous, legible, written in intelligible language, so that they are easy to see, read and understand, whilst seated in a vehicle.
  12. Hi Dx, Thanks for taking a look, I've read the thread you outlined and its almost identical (I'm keeping an eye on it for updates) and several others too. I've acknowledged service, ticked defend in full and sent back (signed for) via royal mail. I will update as and when further info available....BP
  13. Hi All, I'm hoping that someone will be able to guide me through defending the following claim. I have taken a note of the subject information requirements before posting and I believe I've got them listed out correctly, here goes: Name of Claimant: Defence Systems Ltd T/A Park Watch Address for sending documents: Gladstones Solicitors Ltd Date of Issue: 15 June 2016 Timeline: 4 July 2016 (to acknowledge) + 14 Days (to submit defence) = 18 July 2016 Particulars of Claim: Date – 03/08/2015 – Description – Car Registration number/Parking charge notice Ref – Amount - £150.00 – Due Date – 31/08/2015 – Total Due - £150.00. And The Clamant Claims: The claimant claims the sum of £159.48 for parking charges and indemnity costs if applicable including £9.48 interest pursuant to S.69 of the County Courts Act 1984 Rate 8.00% pa from dates above to 14/06/2016. Same rate to Judgement or (sooner) payment. Daily rate to judgement £0.03. Total debt and interest £159.48. Amount claimed = £159.48 Court Fee = £25.00 Legal Rep Costs = £50.00 Total Amount = £234.48 The description reference referred to in their claim relates to ‘stopping in a no stopping area’. I have been contacted by three companies so far regarding this matter. Park Watch (a division of Defence Systems Ltd the ‘Claimant’) on 10 August 2015 (this letter included a photo image of the car in the no stopping area although there is no time stamp displayed on it) and again on 7 September 2015. Then I was contacted by a company called Debt Recovery Plus Ltd on 21 October 2015, 05 November 2015, 20 November 2015, 22 January 2016 and 08 February 2016. Then Gladstones Solicitors wrote to me on 22 March 2016 and then their letter before claim on 06 May 2016. None of the above correspondence gave notice of assignment. However, I have acknowledged service and indicated that I intend to defend. On the day of the alleged offence I had stopped the car outside the front of One Stop Shopping Centre (Perry Barr, Birmingham) to allow my other half to use their toilet facilities. The Mrs is registered disabled and has a blue badge, which was displayed in the car as I waited. I believe I was waiting for about 10 minutes for the Mrs to return. I have since been back to One Stop Shopping Centre and taken a photo of the sign and without zooming in with the camera or photo graph software, the contracting part of the sign cannot be easily read. It was noted that the sign used by Defence Systems Ltd to contract with consumers is about two and a half meters off the ground on a lamp post and on the left of the road. The sign cannot be seen from the driving seat, if your vehicle is right hand drive as mine is. Therefore, I can state that I did not read the sign or knew of its contractual element at the time the car stopped in front of the shopping centre. The sign reads: Park Watch Access Notice Bus Access Only No Unauthorised Access at Any Time Contractual Agreement This Land is Private Property and is managed by Park Watch If you enter this area contravening the above terms and conditions You are contractually agreeing to pay a parking charge to the sum of £100.00 (or the reduced sum of £60.00 if the payment is made within 14 days) should the parking charge remain unpaid you will incur additional costs as a result of further action taken against you Vehicles will be captured on camera the details of the registered owner may be acquired from the DVLA the registered owner will then be notified by post of the issue of this parking charge do not enter this area unless you agree to the above contractual charges Creidt/debit card charges apply, parking control and enforcement action may take place at any time Park Watch and their client accept no responsibility for loss or damage to cars of the contents thereof unless such a loss or damage is caused by negligence of Park Watch. Park Watch is soley responsible for providing space maximisation and is not responsible in any way for the car parks service
  14. Hi Slick, Thanks for clearing that up for me BP
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