PPS/Gladstones/BW Windscreen PCN PAPLOC Now Claimform, - Not Parked In Allocated Bay - Premier Inn, Southernhay Exeter

[keljon]

i hate to ask, but would someone mind linking to a suitable letter, i have looked through lots of threads but not sure i have found a letter i can use

[dx100uk]

just type in 'gladstone Letter of claim' 

in our custom goggle search box that comes up after hitting our top squares logo

 

plenty of example of the snotty/insulting reply to send

 

dx

[honeybee13]

...or search for letters starting 'Dear Will and John' and adapt one to your particular case.

 

https://www.consumeractiongroup.co.uk/search/?q="dear will and john"&updated_after=any&sortby=relevancy

 

HB

[keljon]

thank you,

looking through them they strike me as very similar to the previous text ericsbrother advised i send them so i'm thinking i reuse that response especially as they have taken to addressing me as Ms again 

 

------------------------------------

Dear Sirs,

as the world's second best parking company lawyers you must know that for someone to owe your client money there must be a breach of the unilateral contract's advertised terms and there was not.

 

Your client painting yellow lines all over the place after the event and pretending they were there at the time of the event doesn't create a contract, it is merely misrepresentation.

 

I'm sure that you  advise your client they are wasting their money even if it means no payday for you as you lose them the court claim should they continue with this folly.

 

By the way I have self identified as a man so stop calling me Ms or I shall seek opinion on whether your distressing salutation is gender discrimination that is actionable

 

 

 

[honeybee13]

I like the bit about gender discrimination.  

 

HB

[keljon]

do i need to fill in the forms that came with the Letter of claim?

[brassnecked]

No I wouldn't do that just send the letter, filling in "Their" Forms just encourages them into thinking that if they issue a Claimfoirm, someone will wet themselves and pay up, as the forms are designed to trap you and try to mitigate the "offence" which is merely an attempt to ground a breach of an alleged contract.

[honeybee13]

Thread open.

 

HB

[keljon]

so they have sent me another letter of claim, still addressed to Ms not Mr 

 

[brassnecked]

is it the same format as before, or is it from Northamption Bulk Clearing Centre?

[keljon]

from BW legal, same format as before

[FTMDave]

Probably best to reply as it's a Letter Before Claim.

 

------------------------------------

 

Dear Sirs,

 

as I've already told you on XXXXX and on XXXXX, as the world's second best parking company lawyers you must know that for someone to owe your client money there must be a breach of the unilateral contract's advertised terms and there was not.

 

Your client painting yellow lines all over the place after the event and pretending they were there at the time of the event doesn't create a contract, it is merely misrepresentation.

 

I'm sure that you will advise your client they are wasting their money even if it means no payday for you as you lose them the court claim should they continue with this folly.

 

By the way I have self-identified as a man so stop calling me Ms or I shall seek opinion on whether your distressing salutation is gender discrimination that is actionable

[brassnecked]

 On bottom line Tell them you are reporting them to police  for  a hate incident for misgendering you, as they continue to refer to you by an incorrect pronoun, thereby causing distress.  say it like that, as if they did try court, their referring to you as Ms might also indicate their POC is rubbish.

 

looking at what Humberside police did to harry Miller, the plod local to B W might just go to tell BW Legal they are in bother.

[keljon]

i now have a claim form "in the county court business centre"

its still addressed to Ms not Mr

any help in responding appreciated

 

[honeybee13]

Hi.

 

You need a different forum sticky this time, the one for claim forms. If you could give us the information requested in the sticky, we can set about telling what you need to do.

 

https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-aug-2016/

 

HB

[keljon]

Name of the Claimant : Premier Parking Solutions Limited

 

Claimants Solicitors: BW Legal (it doesnt state solicitor just address for sending documents and payments)

 

Date of issue – 10 Nov 2020

 

Date for AOS - 27th Nov

 

Date to submit Defence - 10th Dec

 

What is the claim for – 

 

1.The Claim is for the sum of £126.60 being the contractual charge due from the Defendant in respect of a Parking Charge Notice (PCN) for a contractual breach which occurred on 22/03/2017 in the private car park/land at Southernhay P&D Exeter EX1 1SG in relation to a Skoda Octavia registration mark **66***

 

2.The PCN was issued as the defendant failed to comply with the terms and conditions, as displayed.

 

3.Despite demands, the charge remains unpaid.

 

The claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of £0.02) from 22/03/2017 to 09/11/2020 being an amount of £26.60.

 

The claimant also claims £60.00 recovery costs as set out in the Terms and Conditions and in the ATA AoS Code of Practice.

 

 

What is the value of the claim?

£261.60

 

Amount Claimed £186.60

court fees £25

legal rep fees £50

Total Amount £261.60

 

[dx100uk]

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.

 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

[keljon]

AOS done

 CPR 31:14 request sent

 

any tips on a defence welcomed

In summary they state where I was parked was not a parking bay, this was not clearly marked and they later painted over the area (i have pictures of the area before and after and the signage attached to this thread in a pdf)

also despite 3 letters stating I'm a Mr not a Ms, they have still filed a claim against Ms

[brassnecked]

Mention at time bay not clearly marked at the time you have photographic evidence  of site at that time sure theother points are in some of the treads here, but suggestions will probaly be incoming. Not sure where you can use the misgendering, you but it might be worth mentioning it

[honeybee13]

Could it demonstrate lack of attention to detail on the part of PPS, et al, BN?

 

HB

[brassnecked]

It could be used to illustrate they are clueless with the POC if they cannot even use correct pronouns. Court might think its de minimis though, as in slip of a key, however if proof they have been already informed more than once, and carried on, might make a difference.  Maybe Andyorch could give an opinion.  I would have thought it might be useful for a WS later on as indication the POC was sloppily compiled and wrong from the start.

[dx100uk]

you wont in the initial brief defence specifically mention anything directly regarding being outside of any lines.

and just remember that lines on private land are purely tarmac graffiti and have zero legal standing.

 

plenty of our 3 - 5 line defences here

use our search top right 

pcn claimform.

 

defence is not due till 4pm 11th. not 10th dec

 

 

[keljon]

I'm struggling with the few lines needed for defence, lots of threads but cant see many that are similar circumstances to mine

the signs at the time displayed a BPA logo but they were not members, can i use that?

 

[dx100uk]

you will later

for now use the generic 3 -5 line one.

[keljon]

all i seem to find when searching is lots of people asking what defence to use, i lifted the following from another website

• The signage at the car park was inadequate and therefore no contract was entered into.
• The amount claimed is a penalty and unenforceable
• The land was not relevant land under POFA
• The keeper is not the driver and the parking company has not complied with POFA.

The POC only states "contractual breach" now rather than not in allocated bay like earlier correspondence did, i assume i need to wait for their response before filing this defence anyway.

excuse my ignorance, i am trying to understand and learn