PCM/Gladstones claimform - PCN - Heath Parade

[cenzila]

Hello everyone, thank you in advance for any help and guidance you can give, it is very much appreciated.

 

Following receipt of a Letter before claim from Gladstones Solicitors I have responded to them disputing the claim, following a quick back and forth, I have received another letter from them stating that "they are not instructed to enter into any further correpondence...if payment is not made within 14 days - a claim will be issued without further notice"

 

The initial parking charge notice was issued to me by post, although i have no recollection of receiving this as the alleged contravention was in September 2015, I then received the letter before claim in December 2016.

 

1) Details of the letter before claim are as follows:

* Client - Parking Control Management (UK) Ltd.

* Charge amount - £150

* Date of charge - 09/2015

* Location - Heath Parade NW9

then the usual comments about paying it

 

2) My initial reply to this letter is attached as parking letter 1 (after a few days research)

 

3) I then received the usual threat that they'd take me to court in response, not commenting on any of the points i made in the first reply

- i will attach this once i find it as gladstone 1

 

4) i then sent another reply again making note of my points - this is attached as parking letter 2

 

5) Today i have received another letter disputing my points made in parking letter 2, stating that they will not discuss it with me anymore and that i should pay within 14 days or a claim will be made

- this is attached as gladstone 2

 

Please could any of you lovely people provide me with some guidance as to how to proceed,

 

My main argument is that the signage is inadequate and that no contract was formed, I have attached photos of the signage (photo 1) and the location of the car in relation to the sign on a wet day (photo 3) [another viewpoint is available]

(Sorry for the quality, unfortunately cannot save the evidence as)

 

A massive thank you to all that spend the time to read this,

 

Kind regards,

A rather annoyed "keeper"

Parking ticket letter 1.pdf

Parking ticket letter 2.pdf

[BankFodder]

It would be helpful if you would repost your attachments in PDF format, the right way up, and in a way that they can be easily read by people who might like to try and help you.

 

 

 

Thanks

[zydeco]

pop over to the Parking Prankster, there's an interesting blog about Heath Parade from last month.

 

nice pics as well.

[cenzila]

Many thanks,

 

Just seen it: parking-prankster.blogspot.co.uk/2016/12/heath-parade-graham-park-way-[problem]-site.html for others use too

[ericsbrother]

OK stop playing letter tennis as you now know that the signage is prohibitive and there are other things the company has failed to do to mitigate their supposed losses.

 

Whatever you say isnt going to get themt to change their minds, the only thing they are interested in is proving to their members they can extract money from you so you might as well accept that they are either going to go away if you keep quiet of issue a claim. you have no influence over this, just the parking co.

 

ES parking did the same thing, lost a couple of claims and then discontinued the other but before abandoning the court action at the last moment they kept the pressure to extract money going as it is all a numbers game for them.

 

At least you know what to expect and how it can be easily defeated. You can also bill them if they continue, that may well make them just "forget" to pay the second lot of court fees and hope that you dont sue them in return

Edited January 12, 2017 by honeybee13
Paras.

[silverfox1961]

Hi

I don't know if you have seen the other case on the Pranksters site. The first story there is about this site but if you go down the page and click 'older posts' there is another case with some nice pictures of 'Sunglasses'

 

I would be going after them as well for a DPA breach as they had no grounds to get your data. If a claim arrives, you can then counterclaim and even if they discontinue, your case could continue. There are two different signs there anyway. No customer parking says one and CPM sign says differently.

 

This is entrapment at its meanest.

[cenzila]

Hi thank you both for your help, I'll be making sure I submit a counterclaim also!

 

Will post on developments

[ericsbrother]

a counterclaim of a court form will cost you more than issuing a new claim so just send the letter demanding they pay up first.

[cenzila]

Further developments, I have received a court claim, Will be defending it with points from here and elsewhere, Will keep you posted with the result, and hoping to also submit my own claim afterwards for the misuse of personal information

[ericsbrother]

make sure you use evey bit of evidence you can when it comes to the actual hearing, including the screen shots of their operative loitering.

 

For the moment a very brief defence is all that is needed so something like no contract entered into so no monies can be owed for breach of contract..

 

I suspect that this will go as far as getting a date for exchanging documents and when Gladdys get your bundle they will bottle out at the last moment to save money. Make sure that you say that the claim is doomed to fail and their continued action is purely malice so a costs order under CPR 27.4 (2)g will be sought

 

It might be worth posting up the particulars of claim and you could go for a strike out under CPR 3.4 if they use the normal twaddle

Edited February 8, 2017 by honeybee13
Paras.

[cenzila]

Thanks Eric, I'll have a research up on those points, It'll be my first time in court and such so it's all very new, Thanks

[ericsbrother]

well, post up the POC then.

[cenzila]

well, post up the POC then.

 

I misread this the first time and thought you meant my defence, which im writing at this moment and will submit tomorrow.

 

 

The claim they brought against me is:

 

 

1) The driver of the...vehicle... incured the parking charges on xx/xx/xxxx...for breaching the terms of parking on the land at heath parade nw9

2) The defendant is the registered keeper

3) the claimant claims:

£150 for parking charges/damages and indemnity costs if applicable,

together with interest of 15.33 pursuant to s69 of the CCA 1984 at 8% PA, continuing to judgement at £0.03 per day

 

 

Thanks,

 

 

Can post my defence once an outcome is decided,

rather worried they may be reading

[dx100uk]

no post your defence here please

 

what date is on the top right of the claimform please?

 

you DID send a CPR I hope?

 

dx

[ericsbrother]

have you read the posts on the parking pranksters blog about this site? If not do so.

 

Tell us what you intend to write as a defence and we will advise on amendments/additions.

 

At this point you are merely making bullet points,

the chances are that they will discontinue the claim if you use the right words.

 

The POC fails to identify you as the debtor anyway so not a good start for them.

 

More on that later

[cenzila]

The date was 25th Jan,

 

I sent the acknowledgement straight away and then defence 2 days ago.

 

I have sent in my Bullet point defence specifying the points mentioned on the parking prankster,

no contract formed,

forbidding sign,

length of time etc.

 

I have just received an email from Gladstones saying they will request a document only hearing.

 

I have replied saying I will decline and request an oral hearing.

 

How do I do this?

[ericsbrother]

you write to the court and tell them that you object to this.

 

 

Gladdys do this because they lose at an open hearing and they also file late, which cant be challenged in a paper hearing.

 

 

If you get a hearing date and you send your papers in on the last possible day for submission

they will have to file late because they always wait and see what you have written

and try and rubbish it rather than just stating their case on its own merits.

 

 

You should then object to this and chances are they will be told theey have no papers and they will have to drop it.