Excel/BW peel centre Stockport PCN : 23/2/15 - now claimform - help

[Zipadidoodah]

Can anyone help please as I am very near my deadline - Thank you

[dx100uk]

Too much for such a brief poc IMHO

Just checking

You did post your 31:14 as well as email it?

[Zipadidoodah]

No just email

[dx100uk]

Great so no proof they even got it or ref,d it to this claim

[Zipadidoodah]

Not sure what you mean??

[Oddfellow]

What DX means is that proof of posting (via a free receipt from the Post Office) is regarded as proof of delivery. Sending an email is not necessarily treated the same way.

[Zipadidoodah]

Ok - thanks for clarifying. They do state on their letters for correspondence to be sent by either email or letter. Does anyone have any suggestions for my defence? I am going into too much detail?

[dx100uk]

not sure you'll find their letters apply since court claim

they wee sent before the claim..mind

email should be ok

but you need proof you sent it atleast but that's for later

 

 

I don't think your defence is too bad...

but you need to drop the strike out bit.

 

 

i'd add before your numbered point s...

 

 

The Defendant contends that the particulars of claim are vague and generic in nature.

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

 

1.The claimant has failed to show a cause for action by way of a copy of a contract with the landowner. Following a request made under CPR 31.14. by email dd/mm/yyyy the claimants solicitors have failed to reply to date with any paperwork.

 

 

2.It is not admitted that the Defendant parked in The Peel Centre, Stockport at *******.

The vehicle was never left unattended are therefore not parked.

 

 

3.The claimant has denied me the right to appeal via POPLA.

This matter was raised with the Claimant and denied.

I believe the matter should be referred back to the Ombudsman as a suitable adjudicator.

 

 

4.If there was a contract, it is denied that the penalty 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 it was not made clear upon entering the carpark that fees would be occurred even if not leaving the vehicle unattended and that 15mins were allocated to enter and exit there carpark without a ticket.

 

 

5.As per Excel Parking Services Ltd v Martin Cutts, 2011, the signage at the Peel Centre is particularly poor and although there are several signs these are arranged to create ‘entrapment zones’ where signage is not apparent to motorists. There can therefore be no contract through performance.

 

The contract fails information requirements for distance contracts established in the Consumer Contracts (Information, Cancellation And Additional Charges) Regulations 2013. As per the Act, any contract is not binding on the consumer.

 

 

6.The claimant acts as agent for the Peel Centre, collecting monies on their behalf, but does not assume the risk.

As per Fairlie v Fenton, they have no standing to bring any claim.

 

 

7.The case of parkingeye v Beavis in the Supreme Court established that the penalty laws are in play, but that in that specific car park the signage was insufficient to allow the motorist to make an informed decision. In this car park, the signage is of such poor quality that the charge of £100 is a penalty and an unfair consumer term.

Additionally, any monies over the £100 are not allowed by the Protection Of Freedoms Act 2012 and are an attempt to artificially boost the claim in an attempt to get around the costs limits in small claims cases.

 

 

 

...................

 

 

only my try

 

 

dx

[Zipadidoodah]

Thanks - I'm going to submit my defence today as deadline is tomorrow

[Zipadidoodah]

Defence submitted - wish me luck!

[dx100uk]

so post 100 then was it?

[Zipadidoodah]

No. I took your advice dc100uk. Thank you so much.

[Zipadidoodah]

Still waiting on a response from MCOL (they have received my defence)

 

 

got a letter today from Excel Saying that my details have now been passed on to their Debt recovery team and will not acknowledge any further correspondence - any ideas what this means - signed by their litigation department

[Oddfellow]

Sounds like a lot of bluster to scare you into paying.

If you waited until your deadline to file your defence, it can't be long until their deadline for the case to be stayed. I don't remember all the timescales, but others will remind us.

[dx100uk]

other have had the same letter too

just file it

it could be useful.

 

 

next move is theirs and the court will inform you by notice of allocation if they wish this to progress

 

 

they have 28 days from the filing of your defence to do 'something'

else it gets auto stayed.

[ericsbrother]

superb incompetence. When you get the court date send in a letter requesting a full costs recovery order under CPR27 as the plaintiff is harassing you- copy this letter to court when you do that.

[Zipadidoodah]

Now received both a letter from BW Legal stating they intend to defend it and Notice of Proposed Allocation to the Small Claims Track - any help on filling it in? needs to be completed by 15th October

[dx100uk]

Look at posts today from Eric on the BW claim threads today

[dx100uk]

Read here

http://www.consumeractiongroup.co.uk/forum/showthread.php?464867-PPM-Gladstones-claimform-PCN-residential-parking-galena-and-topaz-apartments-Hounslow&p=4955910#post4955910

[ericsbrother]

ignore BW, only fill in court forms.

 

You can get your own and print off from web if need be.

 

N180 is easy,

no to mediation and the others are self explanatory.

 

allocation will be to your local court anyway so only name court if you want one near to work for example.

 

They may well go for a paper hearing via a N159,

if you get a copy of that just refuse such a request and say you wnat a proper hearing.

 

Court may well refuse paper hearing anyway if recent events are anything to go by as Gladdys seem to have been rumbled.

[dx100uk]

all forms are in the legal section of our library

[Zipadidoodah]

now recieved notice of transfer of proceedings - does this mean I'm going to court?

[Oddfellow]

I suspect this is another case of "not necessarily". Depends on what Gladstone do next. Others will advise.

[dx100uk]

yep

[Zipadidoodah]

any advice? I am worried!