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


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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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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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No simply get free proof of posting from the po counter

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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just checked you post

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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:yo::yo:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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
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  • 2 weeks later...

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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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  • 2 weeks later...

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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