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ES/Gladstones Claimform - PCN Kent Street Lpool - ***Claim Discontinued***


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Needs to be specific to DVLA brushing off your reasonable request.

We could do with some help from you.

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waste of time. I said write to your MP about the DVLA's failure to reply to a specific request and send a generic garbage letter instead. All of the detail about the parking event is of no interest to anyone else because it has no bearing on the DVLA's actions.

Keep it simple and keep focussed

 

Hi EB and BN,

 

Thank you for your advice.

 

I have now sent a letter to my MP re: the DVLA failure to respond to my request. This letter has been edited to be succinct and to the point.

 

I have also written to Trading standards, and made a formal complaint to the DVLA.

 

I will notify of the response if received.

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  • 4 weeks later...

Hi EB and BN,

 

Unsurprisingly,

I have not received any correspondence from either the DVLA or my MP.

 

I also received a letter from Trading Standards indicating that this was beyond their capacity.

Instead, I was advised to contact the Citizen's Advice Bureau.

 

I have however received another letter from Gladstones Solicitors instructing me to again pay £160.00 within 14 days, otherwise they will issue a claim and further costs will be incurred.

 

For your reference, I have attached the letters I composed for TS, my MP and the DVLA.

 

I have also attached a copy of the letter from the solicitors.

 

To protect my anonymity, I have removed all identifiable information from the photographs and letters.

 

 

I was hoping you could please advise me of my next step. Do I respond to the solicitors or take any other further action?

 

Many thanks

H

latest.pdf

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now go read the sols letter again

doesn't say WILL anywhere.

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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email?

 

did you get that via email then and why did you give them that.

 

its not a recognised method pre action protocol

so how the beep do they know you got IT?

 

just trying to spoof you.

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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As you dont owe anyone £160 Gladstones rely on collecting the extra money to pay for the work they would otherwise not charge for and as such are driving this rather than ES .

 

We question the legality of this but being solicitors we are sure that they know all about Champerty and Maintenance so will claim that is is all done on a contingency basis and that their accounts will tally with the parking co's to the penny should anyone in a position to do so look into it.

 

The partners of Gladstones also own the IPC and they always maintain there is no conflict of interest and of course we believe them, same as we believe the bitcoin is not a worrying speculative bubble.

 

This letter has no legal standing so isnt the last step.

 

I would be writing to the DVLA again to complain about the lack of response to your demand to know who accessed your details, when and the stated reason why.

 

They dont respond becuase they know their systems are not fit for purpose, their quality control is abysmal and they behave as they do to rake in the millions they get paid for the access requests.

 

now you should also consider what you need to say to Gladstones when they send their lba, if indeed they can get their heads around the new procedures.

 

block their email address, you should never use email when communicating with any of these organisations, they are not taken seriously and they then use it as a method of harassing you for free.

 

Hi EB and BN,

 

Unsurprisingly,

I have not received any correspondence from either the DVLA or my MP.

 

I also received a letter from Trading Standards indicating that this was beyond their capacity.

Instead, I was advised to contact the Citizen's Advice Bureau.

 

I have however received another letter from Gladstones Solicitors instructing me to again pay £160.00 within 14 days, otherwise they will issue a claim and further costs will be incurred.

 

For your reference, I have attached the letters I composed for TS, my MP and the DVLA.

 

I have also attached a copy of the letter from the solicitors.

 

To protect my anonymity, I have removed all identifiable information from the photographs and letters.

 

I was hoping you could please advise me of my next step. Do I respond to the solicitors or take any other further action?

 

Many thanks

H

 

If you are inclined to write now then let us know and we will compose a suitable letter that Gladstones can pass on to their clients.

 

Most of what is to be said is already in advice given in earlier posts but I like to make it very forthright as that normally has the desired effect

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Hi

 

no they sent it by post but as you can see they put 'email' in their letter to me.

 

With regards to your question, I'm sorry but I don't know what you are asking me. Why did i give them what?

 

Hi EB,

 

ste2562 did explain re: Gladstones collecting money by sending such letters without the request of the client!

 

I will take your advice and write to the DVLA again, indicating how they have failed to respond to my request multiple times - 3 to be precise, given 2 emails and 1 posted letter!

 

I won't hold my breath awaiting their response though!

 

I am inclined to hold out longer and not respond to Gladstones as yet and await what is to come next.

 

Again, thank you all for advice and support

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ok it came via the post

 

i'd await the PAP letter

if they are stupid enough to issue one..

 

see if they can get that right I bet not...

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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do not use email, the DVLA cannot respond to it and if you email anyone else they then have a method of harassing you for free. That is what I was trying to get across when I said block their emails.

 

Hi

 

no they sent it by post but as you can see they put 'email' in their letter to me.

 

With regards to your question, I'm sorry but I don't know what you are asking me. Why did i give them what?

 

Hi EB,

 

ste2562 did explain re: Gladstones collecting money by sending such letters without the request of the client!

 

I will take your advice and write to the DVLA again, indicating how they have failed to respond to my request multiple times - 3 to be precise, given 2 emails and 1 posted letter!

 

I won't hold my breath awaiting their response though!

 

I am inclined to hold out longer and not respond to Gladstones as yet and await what is to come next.

 

Again, thank you all for advice and support

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I see thank you EB. I have now blocked the DVLA in my emails.

 

This was the only email I sent and I've had no correspondence for months but still blocked as precaution

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no need to block the DVLA,

I meant block Gladstones emails if you have received one

 

The DVLA is not allowed to send out information ( your data) via email until they have determined your identity.

 

For that reason emailing them is a waste of time, you HAVE to use pen and paper.

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thanks EB.

 

Yes i soon came to see that emailing was a waste of time and therefore sent my letter by post but still no response.

 

However,

as advised I am following this up with another complaint for yet another failure to respond to my request.

 

As for Gladstones,

they don't have my email so one less thing to worry about.

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  • 2 weeks later...

Hi,

 

So I have now received a claim form from the Court Office (County Court Business Centre).

 

The issue date is 13.12.2017.

 

It states that I have a limited time in which to reply to the claim form. I am asked to complete a response pack, either agreeing with the claim; admitting part of the claim; or, disagree with the claim and wish to make a claim against the claimant.

 

If I choose the latter, I'm instructed to send acknowledgement within 14 days from the date of service, after which I'm required to send a defence within 28 days from the date of service.

 

What do you advise my next step should be?

 

Many thanks

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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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the obvious thing ro do is respond denying the claim in its entirety.

That is not the same as making a counterclaim

 

you have missed a box in the above list.

You can register to start this online at moneyclaimonline,

for the moment all you need to do is tick the box,

you then have another fortnight to submit a defence which at this stage be very brief bullet points.

 

We need to see the wording of the claim as your defnece may well start off by ripping into the quality of their POC and asking for a strike out on the basis it is insufficient to show why they are after you

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Name of the Claimant: ES Parking Enforcement Ltd.

claimants Solicitors: Gladstones Solicitors Ltd.

 

Date of issue – 13-12.2017

 

Date to acknowledge - 01.01.2018

 

date to submit defence - 15.01.2018

 

What is the claim for –

The driver of the vehicle registration XXXX (the 'vehicle') incurred the parking charge (S) on 19/07/2017 for breaching the terms of parking on the land at KENT STREET L1 5DA.

 

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 £3.62 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing to judgement at £0.04 per day.

 

What is the value of the claim? £238.62

 

£163.62 + £25.00 (court fee) + £50.00 (legal representative's cost)

Total = £238.62

 

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 ?

 

ES Parking

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

I don't know what a notice of assignment is sorry?

 

Hi both, many thanks for advice again.

 

Please find answers to the claim questions below.

 

I'm sorry but I don't know the answer to the last question re: notice of assignment.

 

I'm not sure what this is or whether I received one (I have kept all documentation).

 

I have tried to search this but it didn't answer my questions.

 

Apologies I worked out the timeline wrong. The date is in fact 14.01.2018

scan0007.pdf

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attachment removed

you left the claim number showing

we don't need it anyway.

 

your dates are wrong

now updated

 

courts are closed

 

•Monday 25 December 2017

•Tuesday 26 December 2017

•Wednesday 27 December 2017

•Monday 1 January 2018

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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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

.

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.

 

CPR 31:14

 

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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you left the claim number showing

we don't need it anyway.

 

your dates are wrong

now updated

 

courts are closed

 

•Monday 25 December 2017

•Tuesday 26 December 2017

•Wednesday 27 December 2017

•Monday 1 January 2018

 

updted again

for online claims only xmas day is discounted

so I've revised the dates in you above post

 

dx

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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they have used a lie in their claim saying the defendant is the driver and OR is the keeper.

 

Cobblers, they have no idea who the driver was at the time and have not created keeper liability

so they rely on their lies not being detected to get this through to the next stage.

 

In a couple of weeks time you will be writing to the courts service to ask for the claim to be summarily dismissed on this point.

It probably wont happen

 

if the judge who does get to read everything when the matter is allocated to your local court has had dealing with Gladdys before you may well find that the matter is given some case management instructions to them to rewite the POC or sod off ( latin legal term m'lud).

 

You should get the result of the CPR request by then

( they wont answer as they know to do so may well let the cat out of the bag]

and you can use this to your advantage

as well by saying they havent shown locus standi

and cause for action

which puts them on the back foot if the case does eventually go to court

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  • 2 weeks later...

Thanks for advice,

 

I have produced and attached both CPR 31:14 and defence letter to check wording as advised.

 

The defence guidance link advised to outline the specific ways in which the requirements of the paragraphs mentioned had not been met. For this reason, the defence is loner than anticipated.

 

I was advised in earlier threads to keep to brief bullet points so will of course amend if suggested.

CPR 31.14 confidential.pdf

Defence confidential.pdf

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urgh!!

 

that CPR should have been sent off WEEKS AGO

why have you not done so!!!???

 

you only send the two line defence at this stage

 

don't fire all your arrows till/IF it ever gets to the witness statement stage.

 

and you don't say the defendant WAS DRIVING the car..like why don't you admit they are correct

have you not read a word ericsbrother has said so far...

 

dx

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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Whilst the progress of my case is of utmost importance to me, I have had other significant personal matters of recent. Unfortunately this meant that, until today, I did not have the opportunity to thoroughly read and act upon threads from 21st December onward. Otherwise, yes I have read every thread!

 

The CPR was first mentioned in your later post on 21st December. Therefore, I was unaware that I needed to do this until seeing this today which I did immediately!

 

Other than this, the only deadline I was faced with was for sending acknowledgement and submitting a defence which I have stuck to!!!

 

Re: the defence, I used the template which was recommended in the attached link - https://www.consumeractiongroup.co.u...-Viewing)-nbsp. However, this was not a 2-line defence.

 

Re: your comment ("and you don't say the defendant WAS DRIVING the car..like why don't you admit they are correct"). If this is suggesting that the wording of my defence is inappropriate, again I used the guidance and template from the same link above, only making the required changes to reflect my own personal details.

 

If there is an alternate defence I should be using then I will do so

 

CPR will be sent 1st thing!

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