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Everything posted by Sarauonia1

  1. Hi dx100uk and Ericsbrother Just to say a big and heartfelt thanks for all your guidance. Received letter 'notice of discontinuance' from Gladstones. This week received the court judgment which was that the case had struck out. Am I correct in assuming that though good news, they could in theory, try in few months or year to reinstate the case. Any way I am going to keep all relevant paper work for the next 20 years!
  2. Hello dx100uk Just before the Christmas Hols, received Notice of Allocation to small Claims Track. Hearing is to take place at the end of January. Need help in clarifying one of the directions given: Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing. What documents should I send? I am assuming that I should n't send back copies of documents sent by Gladstones to me, back to them, however should I send copies to the court with correspondences I sent to Gladstones. Are they any other documents which I should send. Also can you offer any last advice before the hearing or about what to do at the hearing. Thanks.
  3. Thanks Ericsbrother Got my Directions questionnaire today , have until 31st October to return it to the court. Will be answering: No - mediation Yes - small claim tracks hearing venue - my local county court ( bus ride away!) No - witness.expert I think that should do it.
  4. Thanks dx100uk Received letter from the court today acknowledging they have received my defence and sent copy to Gladstones. According to it Gladstones might contact me about resolving the dispute which of course they have done - in the form of a subtle scare tactic. it also says that should they decide to proceed the court will inform me of what will happen and that Gladstones have 28 days ( by 4th November) to contact the court. I guess this means that once they have requested for the N159 (papers alone hearing) the court will inform me and send me their own forms - with proper address and identifying icon.
  5. Hi Guys Sorry to ask a question that might seem silly. Along with copy of Gladestones N180, there is another form which at the bottom says N159 (no hearing). As I don't trust any paper work from Gladestones, I am wondering if I should go ahead and complete the 'reply to court section' as mentioned in my earlier post. I 'm a bit unsure right now what to do with the form. I just don't trust anything I receive from them as it all reads like harassment and subtle threats.
  6. okay , was able to find the link-seems to be the right one - about small claims directions questionnaire and best reposnses. Thanks
  7. Hi Got copy of client's (PCM) Directions Questionnaire from Gladstones. I am correct in that I don't want the case heard on papers alone. Their letter says " You will note we intend to request a special direction that the case be dealt with on the papers and without an oral hearing. " and included with their letter is a note about sending special request form N159 to the court. The other letter which like the one I am supposed to send back. It does not have any significant heading just ' Notice of Allocation to the small Claims Track.' The second half has a section where I am to indicate my reply and I am thinking that I should opt for "I do not agree that the claim should be dealt with on the papers alone." I think this would cause the case to be sent to my local court which is fine with me. Also, should I have received a Directions Questionnaire from the Court as well. What do you think? Thanks
  8. Hello dx100uk and ericsbrother This afternoon finally got a reply from them ... Quote " We write further to your letter dated ... Please note that CPR31.14 does not apply to small claim cases and as such we will not be responding at this stage. Any evidence out client feels is relevant to the case will be filed and served when the court orders." As far as I know the only evidence they have are the photos of the car. I will still file my defense statement online. Any other advice from you, regarding this new development would be welcomed as usual. Thanks
  9. Hi dx100uk This is the skeleton of the defense I want to send via MCOL . I want to send it tomorrow. Please advice if there is anything I should remove or add. Thanks as always your help is greatly appreciated. The claim is denied in its entirety. I assert that I am not liable* to the Claimant for the sum claimed, or any amount at all, for the*following reasons: 1,The alleged contravention did not occur. The driver did not breach*contractual terms and conditions of PCM by parking within a*restricted area. The signage which PCM claim to clearly signposted*was not. The signage - too high to be read without leaving the*vehicle, which the driver did not do - is prohibitive and not a*contractual matter. Furthermore, the claim is disputed because PCM*has not provided any evidence of acting as agent for the*landowners. The alleged contravention occurred because the driver pulled out*of the main road and stopped on a 'loading only bay' of a main*through-fare to check directions of onward journey, due to*temporary lose of signal on the SATNAV. Stopping in the bay was*the safest place for this action. Additionally, photographic evidence of the alleged contravention,*show that the driver stopped for under a minute therefore the*charge is disproportionate and excessive. Forgot to add that you were of course correct , have not heard from them. After sending CPR 31.14 to them.
  10. Hello I need help with composing my defense. Should I just write about what happened or will I need to 'speak' in legalise; which I am not sure about. I would appreciate further help. Thanks
  11. Hi Actual no ticket was slapped on the car. The 19/02 was the day I received the first letter from them, before then I had no idea that a picture had been taken. I never left the car, just drove into the bay, stopped for a minute to check SATNAV and carried on with my journey.
  12. Hello dx100uk Thank you again. In response the questions asked about the parking ticket, this is the timeline of correspondences received from PCM and their 'aliases'. Hello This is the timeline of letters received. The 'loading bay' I stopped in, is on Grahame park way , Colindale, near a local Sainsburys ( Heath Parade NW9 Colindale) The parking company is the Parking Control management and their appeals body they operate under is IPS Date of the infringement – 19/02/2016 Date on the NTK – 30/03/2016 Date received- 01/04/2016 The NTK does mention schedule 4 of The Protections of Freedoms Act 2012 on the back of it. I eventfully received some photographic evidence on the 25th of August after sending a letter in response to their ‘letter before claim’. I did not not appeal because looking at past experiences of other motorists, I did not think it would be worth it. The first letter I received was what I believe is called a reminder to keeper. I did not appeal because after researching on them and reading an article about them, I did not think it would be worth doing so. Then in May (around the 8th) I received a demand for unpaid parking charges (£160) from DRP saying that the client had referred the matter for them to collect. Then towards the end of the month, I received a letter which was about notice of intended court action, still from DRP. Then another one, this time ‘letter before referral for legal action.’ (in June) By the end of June, I received another letter, still from DRP. This time offering a reduced payment offer of £136 to avoid potential court proceedings it stated that I had until 11/07/2016 to make the payment. On the 3rd of August, I received a letter from Gladstones, solicitors representing PCM, a ‘Letter before Claim.’ It stated that the charge amount was now £150 (£10 less than the supposed debt). I responded denying any debt, agreement to contract and requested for photographic evidence. This was sent on the 24th of August. As expected, the time showed that the car had stopped for under a minute because I had to pull in off the main road to check the SATNAV which had temporary lost its signal. I wrote back restating what had happened and that I thought that the parking charge was unreasonable as I had not stopped in their car park. Then on the 9th of September, I received the claim form. I have returned my acknowledgement of service to the court online and I am the process of sending a CPR 31.14 request to their solicitor - Gladstones. What next - am unsure of.
  13. Hi I don't get the message. I thought I had removed all personal deatils from the form before upload. Not sure how to remove it. Hi Thank you for both messages. I have now got the forms mentioned and will complete as directed.
  14. Hello Name of the Claimant ? Parking Control Management Date of issue – 7th September 2016 Date of issue - by 4pm Friday 7 October What is the claim for – 19/02/16 £150 09/04/16 total due £150 AND THE CLAIMANTS CLAIMS The claimant claims the sum of £154.94 for parking charges and indemnity costs if applicable including £4.94 interest pursuant to S.69 of the County Courts Act 1984 Rate 8.00% pa from dates above to 06/09/16. Same rate to judgement or (sooner) payment. Daily rate to judgement £0.03 Total debt and interest £154.94 What is the value of the claim? £229.94 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim ? Parking Control Management, Were you aware the account had been assigned – did you receive a Notice of Assignment? I later received a letter from DRP ( Debt Recovery Plus) who said that the unpaid charges had been sent to them for collection, but there is no mention in the letter of the account being assigned to them. I have registered and completed the acknowledgment of service form online as was advised on this site, so now I suppose that I should be preparing my defence. I hope that I have followed the guideline set out correctly so far. I received a claim form today, below are the details from it which I am supposed to include in this thread. Please could anyone give an further insight or advice about the pitfalls to avoid. Thanks
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