Premier/Gladstones claimform - PCN from 2015! Bournemouth,

[Emzy0205]

Hi I have the same letter would anyone be able to help me resolve this? not sure how to go about it.

 

I am a recent graduate and whilst at uni I had a few parking tickets from a unused carpark behind a shop in Bournemouth. As my home address was Plymouth they were sent there and unopened until I opened this court letter. I have received it late so I am worried my response will be late. The letter is from gladstones solicitors limited, court address: county court business centre.

 

It states:

 

Defendant:

 

Particulars of Claim

 

06/05/15 £150

01/05/15 £150

TOTAL DUE £300

 

The claimant claims the sum of £333.66 for parking charges including £33.66 interest pursuant to S.69 OF THE COUNTY COURTS ACT 1984. rate 8.00% pa from dates above to 24/10/16

 

Amount claimed: 333.66

court fee: 35

legal representatives 50

total amount: 418.66

 

Please can you help me with how I respond to this?

 

Thankyou.

[honeybee13]

Hello and welcome to CAG. Thank you for posting up the information.

 

I've started a thread of your own for you, rather than having one thread advising two people. Can you tell us who the parking company is please?

 

Edit: also, what is the date on the top right of the claim form?

 

My best, HB

[Emzy0205]

Thank you for your reply. The company is premier park limited and the issue date is 25th October, I was only aware of this letter a few days ago.

 

Thank you.

[ericsbrother]

Ok, you should acknowledeg the claim and deny anything is due and that buys you another fortnight to offer a defence.

 

 

To help with that

we need to know the dates of the events (got that)

whether it was a ticket slapped on your car or a letter through the post first and

then what date did they send the NTK if a ticket on screen.

 

 

We need to know the contents of the NTK word for word and what other correspondence there has been and when.

Also, the exact address of where the event was and what sort of land it was

 

We also need to see the signage at the site.

As it isnt going to cost you £400 to get to Bournemouth

I suggest that you do not tell us that it is too far to travel to take photographs,

 

 

if I am correct that they dont really have much of a leg to stand on then your costs wil be recoverable so make a note of the mileage for the round trip.

 

Chances are the POC is also defective so it may well be on the cards to ask for a strike out on that basis alone but we need to see the wording there as well.

[Emzy0205]

how would I acknowledge the claim

send a letter to the parking company direct or the court?

 

 

The court letter gives me an option to tick to dispute the full amount

and an empty box labelled 'defence',

what should I write in this box?

 

The dates in question are 06/05/15, 01/05/15.

It was a ticket slapped on my car a yellow one.

 

I had put them aside and forgotten about them after someone told me private companies are not lawfully correct to expect you to pay.

 

I also got a letter in the post but my parents may have thrown these away.

 

I am pretty sure the letter in the post was a long time after the ticket on the screen- a few weeks.

 

The land is behind the premier shop next to talbot village doctors surgery in Bournemouth,

I have actually just found some images on google maps i can send to you now.

 

What is a strike out?

 

Thankyou for your help!!!

 

I wasnt able to send the link to the images

because i only have 2 posts on here

and not 10. any other way of sending the images to you?

or shall i keep posting..

[dx100uk]

slow down you don't need to use the paper claimform at all

 

you acknowlege the claim by popping up on the MCOL website.

[see the claimform for details]

 

once you have registered

select AOS box and Acknowledge the claim

defend all

leave jurisdiction unticked

 

click thru and confirm

exit mcol.

 

next

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

the contract between [insert clamant name] 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 [insert claimants name] or [insert solicitors name] 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

 

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

 

 

can you fill this link out please

 

and post the Q&A's back here too.

 

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

[dx100uk]

convert the images to PDF and attach them here

you don't need 10 post

 

 

upload

[ericsbrother]

street address/postcode needed so we can have a look at the lie of the land regarding signage

[ericsbrother]

o your CPR 31.14 change VCS to Premier park

[Emzy0205]

Hi again, sorry for the delayed message,

 

Here are the attached images hopefully this has worked now.

 

I have acknowledged the claim online now. I was wondering what is a CRP 31: 14? I will be writing the letter you advised me to write tomorrow.

 

Address: 15 Gallop Way, Poole BH12 5HG. Hopefully you can see the images as this is the exact place I parked.

Screen Shot 2016-11-14 at 22.10.56.pdf

Screen Shot 2016-11-14 at 22.12.54.pdf

Screen Shot 2016-11-14 at 22.12.17.pdf

[dx100uk]

CPR is in post 6

 

 

have you acknowledged the claim on MCOL website?

[ericsbrother]

pictures as clear as mud without knowing exactly what the original alleged breach of contract/contractual obligation is.

 

 

The particulars of claim should have this information but usually dont.

This is something else to beat them with later

 

 

for the moment get the acknowledgement of service sent off denying anything is owed and then you have another fortnight to find something to help us.

 

having said that,

there is no sign at the entrance to the land and the sign you can see in you image doesnt form a contract with the driver, just says visitor parking and anyone and everyone is a visitor.

 

 

From what I can see there are 3 areas,

one marked no student parking on road,

one not marked at all and then the one you refer to.

 

You need good quality pictures of the entrance to Gallop way from Fernbarow,

then pictures of the entrance to each of the areas I refer to

and also a picture of the signs themselves from both

the entrance of the land

and also from where you parked.

 

 

As your defence will be no contract formed due to deficient signage and confusing signage

as a major part you need to provide this to court as Premier are jsut going to gloss over this inconvenient truth or even tell lies about it.

 

You must read up on priavte parking and a big bundle of the thread here and elsewhere to get a fel for what to do.

 

 

see the parking pranksters blog for claim reference numbers should you wish to quote similar cases (and you should).

 

Pull your finger out and you may get them withdrawing their claim before you have to turn up at court.

[Emzy0205]

yes i have signed on and acknowledged the claim. I am going to bournemouth this weekend to take photos of the whole area and the signs for the evidence.

 

Here is the letter I am about to send advised by Dx100uk but should I include anything about the confusing signage or is this letter enough for now?

 

 

26th November 2016-11-26

 

Premier Park Limited

Queensgate House

48 Queen Street

Exeter

EX4 35R

 

 

 

Dear Sir or Madam,

 

Re: Premier Park Limited v Emma Freeman Case Number:

 

CPR 31.14 Request

 

On the 25th Oct 2016 I received the claim form in this case issued by you out of the County Court Business Centre.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim your entire 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] documents (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

3. The contract between Premier Park Limited and the landowner that assigns the right to enter into contracts with the public and make claims in their own name

4. Copies of notice to driver

5. Notice to keeper and any other correspondence from Premier Park Limited or Gladstones Solicitor to the defendant.

 

You should ensure compliance with your CPR 31 duties and ensure that the documents (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

[Emzy0205]

some close up images-

[ericsbrother]

the picture with the 2 signs

- the signs directly contradict one another so is it resident permit or visitors parking there?

 

 

Also the sign is prohibitive in nature but at the beginning it mentions contractual obligations.

Again, it cant be both.

 

Typical ignorance of the business they are in, cant even design a sign.

The writing on the small sign is too small for BPA codes of practice, who are the trade association mentioned on the sign.

 

 

As they are now IPC members this means your keeper details were obtained by misrepresentation to the DVLA and their signage is in breach of the protocols of the POFA to create keeper liability and that means they are trying to defraud you out of money rather than a contractual claim.

 

All of this needs to be said in your witness statement that you submit as part of your evidence.

 

 

You still need photographs of the ENTRANCE to the land from the public highway as I can see no signs there and they need to have them as these other signs are not good enough as they obviously apply to different people.

 

 

Show a piture of the entrance with no signs and a judge is more likely to accept that it was not made clear from the outset.

 

Also,

have you found out who owns the land yet?

 

 

Do they have a contract with this parking co?

 

 

Planning permission is down to local council,

read up on the advertising hoardings regs of the Town and Country Planning Act 2007.

 

 

they will claim that it is a deemed consent becuase the signis advisory but it is clearly an advertisement of an offer for something or other, not a proper contract though!

Again, read up on other thread about this, esp the Mansfield thread

[Emzy0205]

this is what they have sent back to me..

gladdy letter.pdf

[Mr.P]

Have unapproved your attachment as personal information is showing. Please ensure that your name & address, claim numbers, and any other indentifying information is obscured before posting.

[dx100uk]

letter redacted and converted to PDF.

 

 

usual twaddle

claiming that CPR doesn't apply to small claims track

well its not allocated yet so it does apply.

 

 

you did file a defence didn't you?

 

 

dx

[ericsbrother]

they have to do this all on the cheap or they dont make a profit out of what they charge their clients .

 

 

If they forced their client to respond then the game would most likely be up for them

so they hope that they are treated kindly by the judge on the day and dont get penalised for not behaving like a professional body that should know better.

 

You can make mileage of this later but just accept that you are going to have to demand it again later via the court itself.

[dx100uk]

hows this going?

[Emzy0205]

Hi, yes I wrote a letter of defence and that is what they replied.

 

 

This is their latest letter

 

I may be taking this to a solicitor now as I don't know how to deal with this problem

[dx100uk]

attachment needs redacting.

ive hidden it

 

what do you mean a letter of defence

who did you send it too????

 

I hope you mean you filed a defence on MCOL website!!

 

else if you didn't

that's why they've got that default judgement.

[Emzy0205]

Yes I acknowledged the claim on the MCOL and selected to defend the case

[dx100uk]

But you didn't file a defence by day 33 though did you??

[Emzy0205]

No I only acknowledged and selected defend. What would I need to do now?