PPM/gladstone claimform vanished windscreen PCN - West Gate Plaza West Brom. *** WON - CASE DISMISSED ***

[dx100uk]

that's not what you asked

 

you asked do they have planning permission, they are NOT advertising signs.

 

dx

[ericsbrother]

so, you know that they do not have planning permission. this is not the same as knowing that the council arent going to enforce the law or do anything about them breaking it. that is not what you were interested in, you have the response in black and white , NO PP. Use that how you can

[Kikic]

that's not what you asked

 

you asked do they have planning permission, they are NOT advertising signs.

 

dx

 

This is my email to them: subject as “signage planning permission”

 

 

“ I am here to request details in terms for the use of signages at the address: West Gate Plaza, 19 Moor street, West Bromwich, B70 7AD. Against the company: ‘Parking and Property Management LTD’.

 

Do the company has any authorisation to place ‘private land enforcement in operation 24 hours’ signages at such address, which state if it is and which area they are allowed. The size and format if they are allowed?”

 

Maybe I wasn’t clear in my email?

 

so, you know that they do not have planning permission. this is not the same as knowing that the council arent going to enforce the law or do anything about them breaking it. that is not what you were interested in, you have the response in black and white , NO PP. Use that how you can

 

If case get to court I would print this email out as evidence, showing they have no signage planning permission? Anyway I’m still waiting for the actual court letter if it been assigned to court but nothing at the moment.

 

Thanks

[ericsbrother]

you have nothing at the moment.

 

It will probably stay that way,

they are well known for dropping claims when they are defended as they know that their claims are so poorly laid out they fail on procedure let alone the cause for action

[Kikic]

I was too overly excited that I didn’t receive letter

 

unfortunately today I recieved through the post a letter of notice of proposed allocation to the small track and a form N180 small claim directions questionnaire, which has to be send back to court by 9th Nov. :s

[dx100uk]

no to mediation

1 wit you

the rest is obv

 

3 copies

1 to the court

1 to gladdies [omit email/phone]

1 for you files

[Kikic]

Hi DX,

 

You mean The copy to Gladstone I should cross out my email and phone so they have no access to it? Thanks

[dx100uk]

as I said

[Kikic]

Just a quick update on the progress,

 

I sent my n180 form back to court and copy to Gladstone on Wednesday.

 

I was just wondering how long normally the court will come back to me with a court date?

Or there’s still other producedures in between?

 

Thanks

[dx100uk]

you wait

might not go anywhere

only respond to the court

[Kikic]

Ok thanks

[Kikic]

HI all, just another update.

 

I received a allocation letter to the small Claims track from court, giving me the time and date (which is on 29th jan 18) of the hearing and instructions of Witness statement and other procedures (sending copies of document to other parties 14 days before the hearing date etc).

 

As one of the paragraph stated:

Unless claimant does by 4pm on the 1st Jan 18 pay to the court the trial fee of £255 or file a properly completed application

(I.e one which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with effect on from 1st jan 18 without further order and, unless the court orders otherwise, you will be liable for the costs which the defendant has incurred.

 

Does this mean if the claimants don’t pay the trial fee there will be a chance this case will be struck out?

 

And when I fill one of the previous form, I can choose which date I cannot attend the hearing but how come the date I receive now is the date I chosen I cannot attend or the court can choose which ever date they have?

 

Thanks KiKi

Happy seasonal Holiday!

[dx100uk]

yes every chance.

 

if the hearing falls on a date you already advised is no good on your N180

 

you can either..

inform the court of their mistook by phone now

 

or

 

simply wait until after the 1st jan and ring them then.

when you ask if the fleecers have paid the fee...

[Kikic]

*mistake* The trail fee is £25 not £255!**

 

I will wait till 1st Jan to call court, if they didn’t pay do I tell the court to struck out the claim or this is automatically done and how about the expenses I spent already for this case (postage etc) would I be able to claim back or rather no because the case will be closed?

 

Many thanks

[ericsbrother]

as it gives more than 14 days notice to court waiting until you can phone then after the new year is fine.

 

You can see if they have paid the fee and re-entered the claim as well

 

if they havent ask about getting the claim struck out.

 

you can ask the court for your costs but will have to show they have been unrerasonable and that is tricky as what is reasonable is not the opposite of unreasonable in the world of courts.

[Kikic]

So I just rang the court and they told me the claimant has paid the trail fee and I asked for a new hearing date, which will be send to me soon.

[Kikic]

Hi, sorry for the late update as I been on holiday and personal health issues.

 

So my new hearing date is on Monday 9th April 18, so I assume I need to send my documents by next day delivery on 22/03 so other parties can receive my documents on 23/03.

 

My witness statement to be followed as I'm still preparing it at the moment. Any tips on it?

 

Thanks

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=gladstone+witness+statement&sa=Search+CAG#gsc.tab=0&gsc.q=gladstone%20witness%20statement&gsc.page=1

 

post up here FIRST

don't send early await gladstones one if you can but don't miss your date

[Kikic]

Ok I will do.

 

Just a question the letter back on June 2017 from PPM LTD with photographs ‘evidence’ of the vehicle and the time they issue the parking charge:

 

ticket issued at 22:11pm and the photograph of overstayed vehicle at 22:14 ( the vehicle was photographed with light on/ engine on, obvs someone is inside the vehicle), unless they issued the ticket when the driver was inside the vehicle in the first place but not quite possible as the driver would have drive off.

 

So between when they issued the ticket and when they took the pictures, (3 mins in between) the PPM people must have seen the driver, so is the register keeper still be liable for the charge because they know whose the driver was?

 

Thanks

[ericsbrother]

then they will have to explain why they didnt give a ticket to the driver in person,

how the supposed ticket suddenly discappeared and why they are using the incorrect wording on their claim form as they arent explaining in what capacity they have a cause for action against YOU as the keeper.

 

They are hoping you will make mistakes as they really havent complied with the law and Gladdys havent complied with civil procedure.

Part of your WS will be ripping this apart.

Edited March 15, 2018 by dx100uk
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[Kikic]

Hi, I was just reading some post about keeper liability and POFA 2012. It say an notice to keeper must be served not earlier than 28 days after, and not more than 56 days after, the service of that notice to driver.

 

I am confuse whether this is relevant to my case as the PCN was issued on 03/05/17, 28 days after would be on 30/05/17 and I received notice to keeper letter dated on 07/06/17 (36 days after) I was hoping to rely on this point to make the keeper liablity invalid so they can’t claim against me.

[DragonFly1967]

If there was a ticket on the windscreen a NtD (Notice to Driver), then the 28-56 rule comes in to play.

 

In that case, a NtK cannot be received before the 28th day or after the 56th day following the parking event.

 

 

If there was no NtD, the NtK MUST be received by the keeper on or before the 14th day after the parking event.

[Kikic]

Thank you for your reply. So I assume they need to prove they have given a ticket on windscreen for the 28-56days rule to be valid otherwise both way of notice to keeper will be invalid. So this seems to not be the strongest point I would concentrate :/

 

If I point out the claimant must have met the driver during the ticket issue and when they photographer the car can I use POFA 2012 para 5.1.b against them because they can’t prove they don’t know the driver name or address?

Edited March 16, 2018 by dx100uk
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[DragonFly1967]

To be honest, I wouldn't mention the driver at all. Don't do any of their work for them!

 

If you don't bring the driver in to the matter, then the PPC have to prove that either there was a NtD issued and stuck on the windscreen, or that their NtK arrived within 15 days (14 days from the day after the parking event).

 

If they can't prove either of those things then any claim they make is doomed to fail as they will not have complied with POFA and there is no keeper liability.

 

Of course, they'll "claim" that a previous NtK was sent to you and is therefore deemed served and would have arrived within time. If they do, just ask to see their proof of postage

[Kikic]

Yes I understand but I’m just worry if they can prove there was a NTD on windscreen then I will be in the loss because the driver was not 100% sure if they got one or not.

 

And another point is that I already claimed in the strike out letter to court stating the driver had witnessed the claimant operation actions as no NTD has been issued but now it is not 100% sure if there was a NTD or no.

 

One more thing are they allow to make me say who the driver was?

Because it is already a fact I know who the driver as mentioned in the strike out court letter...

Edited March 16, 2018 by dx100uk
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