Kikic
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This is my email to them: subject as “signage planning permission” “ I am here to request details in terms for the use of signages at the address: West Gate Plaza, 19 Moor street, West Bromwich, B70 7AD. Against the company: ‘Parking and Property Management LTD’. Do the company has any authorisation to place ‘private land enforcement in operation 24 hours’ signages at such address, which state if it is and which area they are allowed. The size and format if they are allowed?” Maybe I wasn’t clear in my email? If case get to court I would print this email out as evidence, showing they have no signage planning permission? Anyway I’m still waiting for the actual court letter if it been assigned to court but nothing at the moment. Thanks
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Hi all, I had a response from the local council. I’m not sure if it any useful to my case? ‘I’ve been asked to respond to your email dated 16th October 17 regarding West Gate Plaza, 19 Moor Street, West Bromwich. The type of sign that you’ve referred doesn’t usually need advertisement consent & I’ve never dealt with an application for such an application. However I’ve had a look at the advertisement regulations and this type of sign should not exceed 0.3 square metres in area and should be non-illuminated. Also it/they should be not more than 4.6 metres above ground level. I understand you may be preparing a legal court case but in all honesty I don’t think we’d pursue an application, or take any enforcement action if the sign is slightly over what’s permitted as I doubt the signs are causing any loss of amenity. Further I can’t find any record of any existing complaints to this department in relation to the sign.‘ Thanks
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Oh wow so Gladstone like to play it this way... no I haven’t received any letter from court yet. how do I stop them from contacting me through my email, just blocking them will solve the problem? and remove the email from MCOL if I can? Thanks
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Unfortunately I received an EMAIL!! which was in my ‘Junk’ that was sent yesterday morning from one of Gladstone’s litigation assistant. Email copied: ‘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. ’ Along with N180 direction forms and n180 special direction form. I had no idea how they got my email, it is because I left it on Mcol? I did request from signage permission and they said will reply before end of month and took more pictures of signage. How should I proceed next? Thanks
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Thank you for all your help and site team! I will make some contribution after all this hassle! It is very annoying and I can’t wait when is over!
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As I had to submit before I go work so I just ticked no to counter claim I don’t know if it affect anything I will do later Thanks
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hi a quick question as im doing the MCOL now it asked me do i wanted to make a counterclaim? should i take yes?
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Good evening EB, thank you for your help. Deference statement for case xxxxx Defedant v Claiment. 1. The defendant denies that any contract was formed between the palintiff and herself. It is put to srtict proof that such a contract exists as there is no keeper liability under the POFA in this matter. 2. The Particulars of Claim contain no detail as to the nature of such a breach of a contract, the amount claimed does not reflect any contractual obligation and the general vagueness of the claim means that in any case the signage at the site is inadequate to form a contact. 3. The POC do not contain sufficient detail to show what is being claimed either in terms of monies due, whether it is for a contractual consideration or a breach of contract, and why the defendant is liable. All this is contrary to CPR 3.4 and 16.4 and therefore it is impossible to submit a proper defence at this time. 4. The claimant has failed to show any authority from the landowner that assigns the right to enter into contracts with the public and to make civil claims in their own name by way of response to a CPR 31.14 request for documents. The defendant believes that no such authority exists and the matter should be struck out as having no locus standi. So will this be ok for the defence statement? Also next task to take picture of the signage, because the NTK 'evidence images' shows at night time, do I take pictures of the carpark during the night (which I already did, as the signage was high up, I needed to zoom in) , so it will shows the signage was not clear enough and do I need to have a approx measurement of how high the signage were because I think it is placed too high up? Would I need to contact PPM and ask if they have the planning permission for the signage or search online for the landowner details and ask the landowner? Thank you Kikic
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I have to file a defence on 6th Oct on MCOL. I saw in other threads EB suggested file a two line skeleton deference such as: The defendant denies that any contract was formed between the palintiff and herself. It is put to srtict proof that such a contract exists as there is no keeper liability under the POFA in this matter. The Particulars of Claim contain no detail as to the nature of such a breach of a contract, the amount claimed does not reflect any contractual obligation and the general vagueness of the claim means that it is not possible to submit a proper defence. Will this be good enough for my case or should I prepare a more in dept defences statement? Also anything in the meanwhile I can do? Thanks Kikic
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Thank you I'm glad I didn't send it yesterday.. . I will send it today, it is also resonable to end the letter with 'please response if the strike out has been successful or unsuccessful. ' or skip it?
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Thank you for advice. Please kindly check if this will be good enough for the strike out letter? Dear Sir/Madam, Request a strike out for the case xxxxx . Parking and Property Management LTD v (defendant). 1. The claimant has no proof a notice to driver has been issued, as the driver at the event witnessed of the claimant operative actions and it is denied the claimed that a NTD has applied to the vehicle, therefore as Para 9 of POFA, stated the registered keeper needed to be informed within 14 days after the event, which in this case I was not informed within the time frame, therefore no keeper liability was created. 2. The claimant has failed to response CPR 31.14 request sent on 09/09/17 and received on 11/09/17. The claimant has failed to comply with the above order and no documentation has been received by me by the deadline set of 21/09/2017, as the claimant has failed to produce any documentation and therefore broken the terms imposed by the court I am requesting the case be struck out. Yours Faithfully, (Sign)
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Oh sorry I think I mistaken it with that skeleton defence bit:???:, now I just need to wait till tomorrow so see if Gladstones reply, if not I will fill my defence and the letter on MCOL. Oh... so I don't send the letter on MCOL? but I actually post it through post? 06/10/17 I would post something like 'there was no breach of contract so no cause for action by the plaintiff against the defendant' on MCOL under defence tab?
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Thank you ericsbrother. I been reading different threads and the legislations. And I kind of understand what my defences are.... I just realised I should post my skeleton defence when I acknowledge the service, am I too late for this? Or I can post it tomorrow when I post the letter to court to ask for my case to be dismissed? I have uploaded some pictures of the scene. I took picture of day time (screenshot from google map) and night time, however because the parking charge was issued during the night, so I assume to just use the night time images? Gladstone deadline to reply my CPR 31.14 request is tomorrow! But I still need to get my letter written... Thanks! CaseB707AD.pdf
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I'm sorry I am still really confused, even you explained to me many times before! Please can you kindly clarify: 1.The dismissal letter content is. (Stating that I want the case closed because gladstones has shown no cause of action for reason given cpr 3.4 &16.4?) 2: the content for the skeleton defence? I do appreciate for all of you to help me at this situation thank you for your time!
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there will be a great chance that I need to go to the hearing at the court? to my understanding dismissal letter is the same as the defence letter? dismissal letter main point is to say Gladstone don't respond to any of my letters etc I want the case to be dismissed. defence form is the points I will rely on when at court?
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Yes I would add extra details in. I would send the request to dismiss the case on 22/09/17? Because that's the deadline I have to gladstone or wait till actual deadline to summit my defence?
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Could I use the draft for the defence in the link provided from dx100uk posted on 10/09/17 in this thread. All the documents I have are already posted up in this thread in my previous post and I got proof of postage when I contacted Gladstones for (tracked and signed)cpr request and the first letter you suggested me write on 17/08/17(only signed for proof)
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Finally took me a while to figure how to upload PDF from iPad IMG_1074.pdf
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Name of the Claimant: parking and property management limited claimants Solicitors: gladstones solicitors limited Date of issue – . 04 SEP 2017 Date to acknowledge - 22/09/17 date to submit defence = 06/10/17 What is the claim for – 1.The driver of the vehicle registration XXXX (the 'vehicle') incurred the parking charge(s) on 03/05/17 for breaching the term of parking on the land at West Gate Plaza West Bromwich -Moor Street West Bromwich B70 7AD. 2.The defendant was driving the vehicle and/or is the keeper of the vehicle. 3.AND THE CLAIMANT CLAIMS £160 for parking charges/ damages and indemnity costs if applicable, together with interest cost of £3.02 pursuant to s69 of the County Courts act 1984 at 8%pa, continuing to Judgment at £0.04 per day. What is the value of the claim? Amount claimed £163.02 Court fee £25 Legal representatives costs £50 Total amount £238.02 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 ? PPM Were you aware the account had been assigned – did you receive a Notice of Assignment? First letter was from the claimant Notice to keeper on 7/06/17 parking charge issued on 03/05/17, second and third correspondent from Gladstonesas final reminder issued on 17/07/17 and notice before claim issued on 31/07/17. The first reply from me was on 22/08/17 to gladstones no reply was given and then received county court claim form issued on 04/09/17 and I see it on 07/09/17. I will post the photocopy up when I have access to a scanner, as seem this website don't support iPad upload? Thanks
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Ok thanks I sent the cpr 31:14 request with tracked and signed post, let see what's their response, if there is one
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Hi, I wanted to know does the deadline start from the date the letter state which is 04/09/17 +14days to fill AOS then another 14 days to fill a defence? So my deadline will be 01/10/17. Or it will start from the date I gave my AOS which is 08/09/17, +14 days = 21/09/17? Thanks
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I have just done the AOS, so my next step would be getting the CPR31:14 letter to gladstones, as stated from dx100uk on the other tread? Thanks
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It is from the county court, I believe as known CCJ, along with N1, N9a, N9B forms.
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I have sent the letter to Gladstone as above on 19th August. On 4th Sept I received a letter from county court Business centre, so do I respond to the county court? What to write?
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Oh right hopefully they will give up! thanks you for your help
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