PPM/Gladstones Claimform - Windscreen PCN old Closed Iceland Store farnburn av, slough sl1 4xt . **DISMISSED**

[parkinghelp1]

Hi all! in need of some help bit worried and dont know how to tackle this situation,

 

 

here are the details below:

 

there was a a very small iceland store that closed down on a side road where they must of had around 7-10 parking bays, this is still closed down and no business is running there.

 

 

i parked there for literally 5 minutes as i come back i got a PCN from parking and property management, there was a sign on the wall, i just thought 5 minutes as i was looking for a shop wouldnt be a problem!

 

Date and time: 21/02/2017 at 12.38

 

received a few notice to keepers

then a letter before claim

 

 

i have ignored all of this! from gladstones.

and unfortunately they are thrown away as i thought ignoring them would be fine.

 

 

on the PCN it says

issue reason 1: unauthorised parking

the vehicle was parked on private property in a manner where the driver agreed to pay a parking charge displayed on the signage at the site.

 

If this makes any difference please do let me know the name of the road one of the letters is mispeld on all of the letters received even on the claim form example being: turner avenue > tarner avenue

 

claim form states:

 

 

the driver of the vehicle registration xxxxxxx incurred the parking charge on 21/02/2017 for breaching the terms of parking on the land at iceland, xxxxxx

the defendant was driving the vehicle and/or is the keeper of the vehicle and the claimant claims £160 for parking charges/damages and indemnity costs if applicable, together with interest of £2.49 pursuant at s69 of the county courts act 1984 at 8% pa, continuing to judgement at £0.04 per day.

 

then accoss the page is says

amount claimed: £162.49

court fee £25.00

legal rep costs £50.00

total amount: 237.49

 

please help and advise as i dont know what to do!

 

Thank you!!!

[silverfox1961]

Hi and welcome to CAG

 

Can you copy/paste this

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket&p=4883055&viewfull=1#post4883055

 

here and respond to the questions including the post code of the area you parked

[parkinghelp1]

For a windscreen ticket (Notice To Driver) please answer the following questions....

 

1 The date of infringement? 21/02/2017

 

2 Have you yet appealed to the parking company yet? [Y/N?] N

 

if you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted. [as a PDF- follow the upload

 

has there been a response?

please post it up as well, suitably redacted. [as a PDF- follow the upload guide]

 

If you haven't appealed yet - ,.........

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]

what date is on it

Did the NTK provide photographic evidence?

I have which i chucked away,

no picture on was on that,

however on the pcn on winscreen on the back it says photographic evidence can be viewed prior to the internet payment by visiting the web address below,

please allow up to 24 hours after issue for picture to be avaliable to view online,

i never treid at the time however i tried today and it says

This PCN has been transferred to our Debt Recovery Agent

Please contact us if you wish to enquire about this PCN so cant view it.

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] not sure as thrown away

 

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

 

5 Who is the parking company? parking and property management referred to gladstones solicitors

 

6. where exactly [Carpark name and town] did you park? it was outside iceland in slough which is was and is still shut down at the time just an empty building

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

[silverfox1961]

Difficult for me to find the store on Google street maps without a precise location. There are two stores open but they don't show closed stores

[parkinghelp1]

Hi, the store is on farnburn avenue, slough sl1 4xt ( they spelt it as farnbarn avenue) which is incorrect.

the store was closed and still is as they have moved it to another location down the road

 

it is at the start of the road, i just looked on there it is all boarded up now, so you wont be able to see it is iceland

 

https://gyazo.com/a5c0567ab28f2f968024a6890872b7d9

[silverfox1961]

I have found the store on Google, it's on the corner with a car park behind. Unfortunately, I can't zoom into the car park signs so it will need a physical visit to get some images if possible.

 

There seems to be some signs outside of the car parking area too. Can I suggest that you look on the local councils website to see if they had planning permission for the signs on the day you parked.

 

In the meantime, go onto MCOL and acknowledge the claim but don't do anything else as yet. The real experts will be along later

[dx100uk]

can yo please fill this out:

 

 

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***(1-Viewing)-nbsp

[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 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

.

don't sign anything

.

 

text of CPR...

 

 

to the solicitors

[Your address]

.

[Their address [solicitors]

.

[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 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. the contract between [parking company name] and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,.

.

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

.

3.copies of the notice to driver, notice to keeper and any other correspondence from [insert Claimant Name] & [insert Solicitors Name} to the defendant that they intend to rely upon in court.

.

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 within 14 days and believe that you will never be able to comply with this request please confirm in your response.

.

You are reminded that as this case is yet to be allocated to a track, CPR31:14 does apply, a refusal to comply because you 'think' at this stage you dont have too will be used against you in any filed defence.

.

Yours faithfully

.

TYPE YOUR NAME DO NOT SIGN IT

[parkinghelp1]

I have found the store on Google, it's on the corner with a car park behind. Unfortunately, I can't zoom into the car park signs so it will need a physical visit to get some images if possible.

 

There seems to be some signs outside of the car parking area too. Can I suggest that you look on the local councils website to see if they had planning permission for the signs on the day you parked.

 

In the meantime, go onto MCOL and acknowledge the claim but don't do anything else as yet. The real experts will be along later

 

i will check this out and i will go and take some pictures today of the signs, the car park you are mentioning opposite Iceland i do not think has anything to do with them i think that is a different company i will take pictures of everything anyway!

[parkinghelp1]

Name of the Claimant parking and property management limited

claimants Solicitors: gladstone solicitors limited

 

Date of issue – 15th june 2017

 

What is the claim for –

 

1.the driver of the vehicle registration xxxxxxx incurred the parking chargei on 21/02/2017 for breaching the terms of parking on the land at iceland, xxxxxx

the defendant was driving the vehicle and/or is the keeper of the vehicle

and the claimant claims

£160 for parking charges/damages and indemnity costs if applicable,

together with interest of £2.49 pursuant at s69 of the county courts act 1984 at 8% pa,

continuing to judgement at £0.04 per day.

 

amount claimed: £162.49

court fee £25.00

legal rep costs £50.00

total amount: 237.49

 

What is the value of the claim? total amount 237.49

 

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? i beleive it is parking and property management, but received letters from gladstones, i.e letter before claim etc

 

Were you aware the account had been assigned – thrown away previous letters so not sure!

[parkinghelp1]

also does the mispelt road name not mean anything? on all letters from them they have spelt it as farnbarn but the actual road name is farnburn

[dx100uk]

not at this stage get post 8 done

[parkinghelp1]

thank you for your reply, DX100

i am just about to do this now,

 

in regards to the cpr request,

can i copy and paste that into a word document?

and send it via post editing the parts i need to with my information.

and just to confirm i am sending this to the solicitors which are Gladstones?

 

also please see my next post i visited the site and took a picture of the sign,

but also there is another sign there for planning application

please see links for screenshots thank you!

 

Difficult for me to find the store on Google street maps without a precise location. There are two stores open but they don't show closed stores

 

https://gyazo.com/7f926b333445dfd35e91d8badb4417dd

https://gyazo.com/2601545eb65ecbdca4352333bd4cb4df

 

please click to zoom in and TAKE OUT SPACES OF LINKS

[dx100uk]

well ofcourse you edit it!

if you read my post again

it tells you who to send it to

and you've re-quoted that above as well!!

[dx100uk]

upload

things as PDF please in future

[dx100uk]

the enq re planning permission is in respect to the signs that they had up at the time.

not the land

you'll have to ring the council and ask if PPM had planning permission for their signs

as they are NOT advertisement signs.

 

 

should be easy to buff this away.

 

 

dx

[ericsbrother]

the claim is their usual generic twaddle and can be challenged for its lack of showing a basis for what they are claiming for and why later,

 

 

the first thing you need to do is acknowledge the claim via either the N1 form sent to you or by opening an account on moneyclaimonline and filling out the necessaries.

The online bit wont allow you to do certain things but that wont matter at the moment.

Having ack'd the claim you get another fortnight to submit an outline of your defence.

 

 

as you have binned all of the paperwork we cannot be certain if PPM have suddenly changed their NTK's and followed the protocols of the POFA

but it is safe to assume they havent

so there will be no keeper liability and that means they are chasing the wrong person as the debtor.

 

 

The wording you mention regarding their reason for demanding money is wrong as well,

that is prohibition,

not a contractual consideration so sight of the signs would be good.

 

The contract between the landowner and parking co is probably between iceland as occupier (dodgy ground) and the parking co

so an empty site meands no contract with first party and therefore no contract with you.

 

 

all to be mentioned in the briefest of terms in your skeleton defence

but needed for the detailed stuff that may happen in 6 months -1 years time

( courts are busy with tens of thousands parking demands, mostly duff).

 

get cracking on the AOS,

the CPR31.14 request for into

and getting pictures of the site.

 

 

When you acknowledge make sure you then get the short defence reason in within a fortnight after that but dont be in a hurry and say the wrong thing

[parkinghelp1]

update: acknowledged and cpr 31.14 request sent to solicitors

[parkinghelp1]

is there anything else i need to do at the moment? i acknowledged on mcol and i have sent the letter to the solicitors for the CPR 31.4 request

[dx100uk]

the more you read the stronger we become

[ericsbrother]

then you wait for the moment and about a day before the final date for submtting a defence you just send a short defence of something like

" no contract offered at the time so no monies can possibly be due"

 

 

if they havent responded to your CPR 31.14 request you can add to this

"the claimant has failed to show any authority from the landowner to enter into contracts with the public or to make civil claims in their own name. It is the defendants belief that the claimant has no locus standi"

 

everything else you want to say comes from the first point,

the closed store,

the signage,

the failure to show who was driving as POFA not complied to for keeper liability etc.

[parkinghelp1]

so still havent heard anything back from them in regards to the cpr request, what is the next stage, where do i write and send my defence? i have had no letter through the post in regards to anything else do i wait for something? bit confused

[dx100uk]

by day 33 you file on mcol website the defence eb indicates above

simple 2 line one

 

 

if you read that link again its all there

 

 

dx

[ericsbrother]

you got a letter from the court, (the claim form) that is where you send your filings It is that simple. If you are using MCOL then you do it online

[parkinghelp1]

hi all, i need to send in my defence today, could someone please give me a draft or what to include into this

i have had no response to the cpr 31.14 that i sent to the solicitors

Thank you all