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    • Hello, Some might remember me I put up a post about buying a seat leon,   Anyway it has caused me hell!!   So I had a new dual mass flywheel and clutch fitted by   Formula one auto center    A couple of days later my clutch is slipping and making noises and smells, so I took it back to the garage and they have offered repair it free of charge under Warranty,   I have told them I had trouble getting the car into them for the whole day the first time they fixed it and I need my car,   I have asked them to provide a courtesy car but they refuse to provide it.   Under consumer rights act 2015    Page 23   paragraph 2   (A) do so within a reasonable time and without significant inconvenience to the consumer and,    (B) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials and postage)   They must cover the cost of this?   Thanks again    
    • images/posts removed . please do not post jpg picture images directly to a post . read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only . that way only logged-in,registered and approved caggers are the only ones that can download and see them . else anyone can see them caggers or not. dx
    • OK, I will do now.   I did look to black out certain things, but I was not sure what I should and should not redact and there was nothing on there that was personal enough for me to be concerned with being made public. So I am happy for all to view, but if you are kind enough to redact what is needed as per the forum rules, that would be amazing.     I was planning on collecting up other court cases they have lost, to refer to as part of my evidence, I'm not sure if this is worth doing or could just confuse matters?   But there seem to be many where the judge has ruled against them because of confusing and not clearly displayed signage, trespass, as well as their charge being £100, which is more than the Bevis case said was reasonable.    A quick search found this article as one example KBT cornwall lose case article.pdf   Lastly, I will go to the site to get updated images, but from google earth, you can see from the pictures the entrance states it is for the hotel parking, which I follwed instructions and gave my details to the hotel. Where I think my car was parked (it was that long ago I'm not exactly sure) there are signs on the opposite wall, but it was 12.30am, pitch black and they could not be seen.           Claimants_WS.pdf
    • yes but have the landowner paid this years contract fee. no evidence they have in the ws. pop it back up now if you wish. the forum is quiet i'll redact it for you so we have the info.   dx  
    • Thank you all so much for taking the time to comment and help, I really do appreciate it.   Just to elaborate a bit more on the background, just because my lack of knowledge of the process might mean I've actually done things along the way that I did not know what they were and so hadn't mention it.    When they decided to go to court, I was offered mediation, which I took. I offered to pay the reduced rate, just to make it go away, but insisted it was not an admission of guilt, it was a goodwill gesture to save us all the effort of court. They refused and wanted £250.    A court date was set, but in Leeds, then a couple weeks later I received another letter saying it had been moved to London.   I was not aware I had any say in which court it would be held at, but I now understand i have good reason to request it is moved to a local one to me, which is also local to the offending place, I will call the court tomorrow and explain that. But so far I have only been told what is happening, I've not been given the choice for anything.   They seem to be going down the route of a contract breach, not trespass which is interesting. There is a document in the evidence which has the agreement between themselves which I assumed meant they can pursue me.    I am going to visit the site again shortly, at midnight the time of the offence and take pictures to build a case file of the route I took to enter the car park, how it is in the hotel grounds and no signs can be seen.    Am I right in saying, the fact they do not actually have any pictures of my car in the location they say it was in, just because all of the pictures they have were at 12/30am and it was pitch black, I am going to say my car was parked correctly in the hotel side, not on their land and it is then up to them to prove otherwise, which they are not able to do, because the burden of proof lies with the claimant I think?
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tissot

PPM/gladstones Claimform - 2 PCNs fallen permit - Flats Winterthur Way Basingstoke

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So I have just received a County Court Claim Form !!

 

I know from reading previous forum posts its best to respond online ?

 

Could someone please point me in the right direction.

 

Regards,

 

Tissot

 

Redact it, pdf it and upload it...

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As requested here is the claims form.

 

The experts will be along soon enough...

 

Are you registered for MCOL?

 

You will no doubt want to defend this so let the learned folk here guide you...

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That's great thanks.

 

I have just registered but have not done anything yet !

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That's great thanks.

 

I have just registered but have not done anything yet !

 

Perfect. :) People should be along over the course of the day to help.

 

HB


Illegitimi non carborundum

 

 

 

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complete the following

:

https://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

 

then:

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

.

type your name ONLY

 

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.

 

heres the 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


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Thanks dx100uk,

 

Details as required:

 

Name of the Claimant: PARKING AND PROPERTY MANAGEMENT LIMITED

claimants Solicitors: GLADSTONES SOLICITORS LIMITED

 

Date of issue – 06/03/2018

 

Date of issue 06/03/2018

 

 

date to submit defence = 06/04/2018

 

What is the claim for – the reason they have issued the claim?

The driver of the vehicle registration XXXX XXX (the ‘vehicle’) incurred the parking charge(s) on 09/07/2017 & 10/07/2017 for breaching the terms of parking on the land at victory hill – Winterthur Way Basingstoke

RG21 7UB The Defendant was driving the vehicle and/or is the keeper of the vehicle.

 

AND THE CLAIMANT CLAIMS

£320 for parking Charges / Damages and indemnity costs if applicable, together with Interest of £14.04 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing To judgement at £0.07per day.

 

What is the value of the claim?

 

Amount Claimed: £334.04

Court fee: £35.00

Legal Rep Costs: £50.00

Total Amount: £419.04

 

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? Yes claim has been issued by PPC.

 

I am now just going through with MCOL and CPR.

 

Thanks again.

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MCOL AOS is done and CPR request is edited and ready to send.

 

Should I send it 'signature required' so I can prove they received it ?

 

Thanks

 

Tissot

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No simply get free proof of posting from the po counter


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just checked you post

defence is due on the 6th by 4pm not 7th [w/end]


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Thanks for checking it over and editing it dx100uk it's greatly appreciated.

 

Regards,

 

Tissot

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:yo::yo:

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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CPR Request now sent to Gladdys with proof of postage, thanks for the help so far.

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CPR Request now sent to Gladdys with proof of postage, thanks for the help so far.

 

Don't expect an answer. But then, you don't actually want one either :wink:


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

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I have been trawling through previous success cases and I can see the same things being posted up so am going to try and not do the same.

 

I just want to clarify my next step is to submit my '2 line' defence (Seems to be a common theme of people spending an eternity on a defence that doesn't need to be submitted at this point).

 

I think my best bet for the defence is just the 2 line primacy of contract ?

 

Let me know if I am interpreting this all wrong !

 

Just to clarify I do know to submit it on the 6/04 !

Edited by dx100uk
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post 60

 

pop your defence up here first


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you can add that they have failed to show a cause for action against the defendant by failing to produce the documents showing they have a contract with the landowner that assigns the right to enter into contracts

( this itself will be interesting because they will have a contract with the managing agent and that isnt worth a light)

and even then they will have to show that the contract has been entered with the land registry on to your lease to be enforceable so you add a line saying:

 

The defendant does not believe that the claimant has locus standi as they have failed to produce a contract with the FREEHOLDER as part of a CPR 31.14 request for documents so it is believed that no such contract exists.

you can then say that anyway no contract formed because....

 

belt and braces

Edited by dx100uk
spacing

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That's brilliant thanks EB,

 

As of today 14 days have passed and no reply from Gladdys to the CPR 31.14 request so defense will fit perfectly.

 

So using EB's post (Greatly appreciated) would this be my defense to submit on the 6th ?

 

The plaintiff has failed to show a cause for action against the defendant by failing to produce the documents showing they have a contract with the landowner that assigns the right to enter into contracts. There is no contract between the plaintiff and the defendant, the defendant does not believe that the claimant has locus standi as they have failed to produce a contract with the FREEHOLDER as part of a CPR 31.14 request for documents so it is believed that no such contract exists.

 

Then if they continue to pursue I can work on a more detailed one ?

 

Kind Regards,

 

tissot

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No the rest will be for your witness statement


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You just stat off with this as a statement and then the rest of your WS will deal with the claim and set out your side of things like it is your space so PPM were trespassing or whatever

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Thanks EB, I am going to guess by reading other success cases the judge will go through with it even when I ask for it to be struck off. I don't understand why these small claims courts even entertain anything with Gladdstones name on it !

 

Regards,

 

tissot

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To answer that point you must understand that the courts system replaced trial by combat so a rich person, rather than risking having a pointy stick shoved where it hurts by some peasant would use a professional to fight his battle. So, the lawyers representing their client have no personal interest in anything, if the client loses then that is tough.

 

Now, we may think that Gladstones take on these matters by accepting some or all of the risk from their clients but unless you can prove that they have bought the right to fight then you have to accept they are acting on someone elses behalf because the other option is Champerty and Maintenace, which is illegal and the worlds greatest parking lawyers would never sully their reputation in that way when they are quite content to be losing cases and billing their clients so they make no losses themselves.

 

Judges dont work in isolation so they will know all about the shoddy paperwork and poor evidenec that is shoved in front of them by Gladdys so pointing this out may well be enough.

 

I sued a Housing Asociation some years ago and when it came to court I was asked a couple of questions by the judge who then asked for a 5 minute recess.

She then came back in along with the lawyers for the HA and said I had mantioned the correct legislation and case laws and would I accept a settlement in full as long as it was an out of court settlement. All a bit odd considering it was in court but I said yes.

 

The HA didnt want it appearing in their annual reportts and had asked the judge to see what my claim was before they decided to fight or give in.

That is supposed to happen beforehand but it can be passed off as case management.

 

You may well get a similar feeling once you can show that you understand what your defence is all about and that they havent done their homework

Edited by dx100uk
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Just submitted defence as am away for the next two days and don't want to risk not being able to submit it.

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As I've just won a case in Basingstoke and keeping an eye on yours - being in the same town - I can only hope you end up having DJ Glen. Fantastic judge! He focused on one thing only (conflicting signs) that renders a contract invalid.. good luck

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Thanks for this Fred, I hope mine is even simpler.

 

The shear fact they don't have a contract with the landowner means the signs mean nothing in the first place.

 

Guys on here have been so helpful and shall update every step of the way.

 

Regards,

 

tissot

 

Attached is the latest letter from gladstones.

gladdstonesform.pdf

Edited by dx100uk
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