PCM/Gladstones claim form - PCN Grahame park way, Colindale, **DISCONTINUED**

[Sarauonia1]

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

[dx100uk]

attachment unapproved

you need to redact thing else you'll not be anon here will you?

but we don't need to see the form anyway.

 

claimant box says PCM

 

dx

[dx100uk]

get a CPR 31:14 running to gladdys.

 

 

[Your address]

.

[Their address]

.

[Date]

.

Dear Sir or Madam,

.

Re: (Claimant's name) v (Your name) Case No:

.

CPR 31.14 Request

.

On (date) I received the claim form in this case issued by you out of the (Name) county court.

.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.

.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

.

1. proof of assignment from the landlord to create contracts and make claims in your own name.

.

2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience..

.

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

.

Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

.

If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response.

.

Yours faithfully

[dx100uk]

fill this out too please as there is scant info on the claimform poc I see

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

dx

[ericsbrother]

PCM are generally rubbish at their job

so tell us all about the event leading up to this including

the place, time ect,

what paperwork you received from them and on what dates,

what you said to them,

whether you appealed and if so in what capacity- driver or keeper,

and whether you appealed to an independednt adjudicator

and if so what they said.

If this is a residential parking matter are you a leaseholder, tenant or visitor to the site.

[Sarauonia1]

attachment unapproved

you need to redact thing else you'll not be anon here will you?

but we don't need to see the form anyway.

 

claimant box says PCM

 

dx

 

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.

[Sarauonia1]

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.

[dx100uk]

See if they reply to CPR

Just don't miss your def filing date 4pm 7th Oct

Whatever happens

[ericsbrother]

Ok, they slapped a ticket on the car on the 19/02 then?

[Sarauonia1]

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.

[ericsbrother]

they are timed out to create a keeper liability so as long as you didnt say who was driving they are stuffed as they cannot claim from you as the keeper.

 

you werent parked so you havent breached any contract and if the sign says no stopping then how are you suppoded to consider the contractual terms on the sign?

 

 

it is a sign that is prohibitive and therefore not a contractual matter.

 

 

They lose twice over but get the CPR 31.14 discovery request to them and when they dont respond you can add that as a third defence point.

 

Another case of Gladdys wasting their clients money for no conceivable purpose

[Sarauonia1]

Thanks, feeling better about the whole thing now.

[Sarauonia1]

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

[dx100uk]

not yet you don't

doesn't need to be in till 7th oct let it run.

 

 

dx

[ericsbrother]

neither, you just write a skeleton defence such as

 

 

no contract offered so there can be no claim for breach of contract. (or the couple of points made in earlier response #11)

 

 

All of the detail will come when you exchange documents. 85% of all county court claims go unchallenged so just responding and denying will make them stop and think about whether they want to spend money on this when there are easier targets.

 

Hello

 

I need help with composing my defence. 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

[Sarauonia1]

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.

[dx100uk]

no due till the 7th by 4pm

hold your nerve

 

 

dx

[dx100uk]

1. 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

claim total £229.94

defence

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 royalmail DD/mm/yyyy the claimants solicitors have failed to reply to date with any paperwork.

.

2.It is denied that i entered any car park owned or operated by the Defendant,

i stopped in a 'loading bay' at Grahame park way, Colindale, to operate my SATNAV as is unsafe to drive and do so.

I saw no signs anywhere, so no contract was ever entered into.

 

3.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.

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.

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

only my try

 

 

 

 

[Sarauonia1]

Thank you, will wait till morning of 7th.

[ericsbrother]

I would still state the signage is prohibitive and thus a contract cannot be formed to breach.

[Sarauonia1]

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

[dx100uk]

usual blurb from them

 

 

sadly the fact is its hasn't been allocated to any track yet

so CPR 31:14 does apply.

 

 

but that's for your defence and should be noted in it.

 

 

so your 1, needs to be updated now...

 

 

1.The claimant has failed to show a cause for action by way of a copy of the contract with the landowner.

Following a request made under CPR 31.14. by royalmail DD/mm/yyyy to the claimants solicitors requesting sight of

1. proof of assignment from the landlord to create contracts and make claims in your own name. .

2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

and any other paperwork they intend to rely upon.

 

 

The claimants solicitors in a letter dated xxx have refused my CPR 31:14 request stating it does not apply to the small claims track

further frustration to the defendant. Even though the case has yet to be allocated to track.

[ericsbrother]

gladdys are busy losing defended claims by way of CPR16.4- failure to show cause for action/locus standi. Worth reading and mentioning as an add on to the above as the courts seem to have shared their knowledge of Gladdys tactics.

[Sarauonia1]

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

[dx100uk]

Read here

http://www.consumeractiongroup.co.uk...10#post4955910