Pace/Gladstones Claim Form - PCN Aug 2016

[soldiermushy]

Hello all.

On August 12th a charge notice has been issued to my car by Ace Security known as Pace Recovery & Storage. Pleasse have a look at the picture (google street map) how the place looks like:

 

Around October 20th I've got this letter from Gladstones Solicitors:

 

In a heat of changing a job and starting a new one, which is quite demanding, I completely forgot to do anything about this letter.

 

Yesterday I've got another correspondence from Gladstones which is a Claim Form, so they taking me to the court now.

 

There are a couple of more papers attached: response pack, ridiculous Admission(specified amount) and defence and counterclaim(specified amount).

 

I do not have a problem with paying fines if it is legal, which I believe is not the case here. If I was there that day or not, or I borrowed the car it is immaterial.

 

I do understand that I should now go online and tick the box of defending my case fully and not pay anything.

What would be your advice?

[honeybee13]

Hello and welcome to CAG.

 

You're right, it isn't a fine. The guys should be along later to advise on MCOL because you need to defend it, as you say.

 

Is there any chance you could redo your attachment as a pdf file please? Jpegs don't work on the forum software and I can't make the images big enough to read.

 

My best, HB

[honeybee13]

While you're waiting for the guys to arrive on the forum, could you fill this in please? It will help them to advise you.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***(2-Viewing)-nbsp

 

HB

[soldiermushy]

Thank you for your quick answer. pdf's attached below, I hope its better quality.

3.pdf

4.pdf

5.pdf

2.pdf

6.pdf

[soldiermushy]

Thank you HB.

I didn't get exactly what I should fill in, is that below OK?

 

Name of the Claimant:

PACE RECOVERY & STORAGE LIMITED

Date of issue:

10 November 2016

Value of claim:

£226.88

[honeybee13]

There are questions to answer in post #1 of the stikky please.

 

HB

[ericsbrother]

we need to know exactly where the land is and what correspondence you got from Pace and exactly when you received it.

Also, did you respond to any of it.

 

As for the court form,

you return it with the box ticked saying you intend to defend in full.

 

You then have another fortnight to send a skeleton defence and that means simple bullet point as this stage such as no contract formed between claimant and defendant beacuse no keeper liability.

( example) all detail will be added when you have to exchange documents and that will be months away.

 

Their signage is rubbish anysay but tell us exactly where you parked in relation to this signs.

 

Pace will have got it wrong to create a keeper liability but we need to say why at some point.

 

When we know the answers to the above we can go through the next parts as you will be demanding evidence from Gladstones regarding their client's right to make a claim.

 

BTW this is not a fine,

it is a claim for breach of contract

so we will need to see the sign that they rely on to form a contract.

 

 

The particulars of claim are so vague they are worth a complaint to court on their own but that is again for later,

you have to get the other bits sorted first.

[mch1991]

There's quite a few cases being struck out when Gladstones have issued the claim, as they fail to provide detailed particulars of claim, and breach Civil Procedure Rule 16.4.

 

I believe the process for applying for a strike out, is obtaining an N224 form, and asking that the claim be struck out, there's some information on the Parking Pranksters blog on this process, as well as some strike out orders you can print off and attach to the application.

 

I believe a sum of £100 is payable for the application mind. Other's may advise further.

[soldiermushy]

Civil Procedure Rule 16.4. was really helpful, thank you for that.

 

I just understood with a help of my good friend that they claiming parking charges for the period of time from 12/08 to 13/09, as stated in Claim Form "Particulars of Claim":

 

- DATE - DESCRIPTION - AMOUNT - DUE DATE

12/08/16 - RegNumber - £150 - 13/09/16

...Parking charges and indemnity costs if applicable...

 

No place, no time, no evidences.

 

Attached papers above its all I've got.

I did not answer to anything yet.

 

 

It was really confusing as they operating there as Ace Security or something like this and then I've got a letter from Gladstones that Pace Recovery wants some money from me.

 

The signage looks like a rag hanging on the fence, as you can see from first attached picture on post 1.

No pole with signs,

no road marks.

If I would be there I would leave the car just in the middle of the picture.

 

"...The particulars of claim are so vague they are worth a complaint to court on their own..."

- totally agree with that and I will not stop when I'll sort these other bits first.

 

From other things - I deeply appreciate the existence of such a forum and your disinterested, selfless help. Thank you.

Edited November 13, 2016 by soldiermushy

[dx100uk]

pop up on the website mentioned on the claimform [MCOL]

 

 

register

select AOS to acknowledge the claim.

defend all

leave jurisdiction unticked

click thru to the end

ans confirm

then exit MCOL.

 

 

get the parking CPR 31:14 running to gladdy's

 

 

[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

the contract between VCS and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,

Planning Permission for their signage under the Town and Country Planning Act 2007,

copies of the notice to driver,

notice to keeper and any other correspondence from VCS or Gladstones to the defendant.

Give them 14 days to comply

.

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

.

TYPE YOUR NAME DO NOT SIGN IT

[soldiermushy]

Trying to do it now.

On a Claim Form in section 'Importand Note' it is said that I can respond to that claim online on MCOL website with claim number and given password.

On MCOL website there are three options: Login, Register as an Individual, Register as an Organisation.

I tried to login but it failed.

Should I chose the second option - Register as an individual - and go through registration process? name, surname, email, password...

[dx100uk]

you need to register as an individual FIRST

log in

 

 

then select AOS box

and respond using the details from the claimgorm