HXCPM/Gladstones Claimform ANPR PCN - Car Park, Lawson road Brighouse

[jlinda8]

Hi guys and gals.

 

Sorry to post a new thread but I am extremely confused about the Gladstones Letter of claim.

 

Let me explain.

 

My husband is the registered keeper of the vehicle and I am the main driver.

 

We have just received a Letter before claim from Gladstones, however this is the first I have heard of this PCN.

 

On the day in question i know I was the driver because I found a wallet and handed it in to LLOYDSTSB bank as that's where the cards were from inside it. This is probably the reason i got a ticket as i am aware i was slightly late back but not by much.

 

When I returned to my car I had no notice of charge on it.

 

I have rung Gladstones to tell them to direct the claim to me instead of my husband and they refused to speak to me and asked him to email them. He is doing this shortly so that i can try resolve the issue. I am concerned as to what to do now.

 

I don't want a CCJ on my file.

 

what should I do from here.

[FTMDave]

You would only get a CCJ if there was an actual court case, which you lost, and you still didn't pay - so no need to panic at all.

 

Others more knowledgeable than me will be on shortly to advise on how to fight Gladstones.

[dx100uk]

so why have you received nothing pervious to this letter of claim?

or is it a notice to keeper?

 

 

stop ringing and phoning them that for sure.

 

 

have you moved recently or since the supposed speculative invoice was gained in a car park somewhere

[jlinda8]

I haven't moved no,

but for a few weeks post was messed up with a new postman getting address wrong on my estate.

 

I often got post for houses not even close to my address and had my credit card stopped because someone returned a statement.

 

i asked my husband if he had opened any mail regarding the claim but he was unaware of it also.

 

the letter claims they have sent us evidence of the said offence but neither of us have every seen it.

and as i said no PCN was left on my vehicle.

 

The letter is to my husband as registered keeper.

[dx100uk]

ok

can you complete this please

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

 

and tell him NOT to send that email naming the driver

 

 

can you also scan up to PDF the letter you have received

redact it FIRST

click upload and read

 

 

dx

[jlinda8]

I'll try, not to sure how but will work on it.

 

thank you.

 

[jlinda8]

Filled this one in as I didn’t have a notice on the car. Attached is the LETTER BEFORE CLAIM

 

For PNC's received through the post [ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement 09/06/2017

 

2 Date on the NTK 31/08/2017

 

3 Date received 05/09/2017

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] NO

 

5 Is there any photographic evidence of the event? It states previous evidence sent

 

6 Have you appealed? {y/n?] no

 

7 Who is the parking company? HX Car Park Management Limited

 

8. Where exactly Lawson Road Car Park, Lawson road Brighouse

 

For either option, does it say which appeals body they operate under. NO

 

 

hope I have done this right, thank you,

convert-jpg-to-pdf.net_2017-09-06_14-25-08.pdf

[dx100uk]

you said you didn't get a NTK

 

 

but above you say you did? 31/08/17

 

 

which is it?

[jlinda8]

Sorry i was reffering to letter of claim when i said yes

[ericsbrother]

OK, firstly you are not being contacted by anyone so you dont say anything to anyone.

They are writing to the KEEPER of the vehicle as they dont know who the driver is and you should NEVER identify that person.

 

Your hubby needs to write to them (not you) and tell them that he was not the driver at the time of the event and as the protocols of the POFA have not been adhered to there is no liability on his part for anything and that they should advise their client that hiring the worst lawyers in the world to prosecute their spurious claim will only result in them losing money and a costs order for their unreasonable behaviour.

 

 

Also, as they have no reasonable cause to process his personal data then their clients may well be sued for damages for that breach of the DPA.

 

 

Send a copy of this to HX if you have an address so they know that they are about to be shafted by an uncaring and unscrupulous firm of lawyers who have a vested interest in conflict. Also ask them for a copy of the screen ticket and NTK as it is denied these have been received.

 

Whilst you are awaiting a response ( you probably wont get one) get a picture of the signage at the car park and post it up here as it will probably damn them anyway without any other paperwork.

[jlinda8]

Thank you so much, ill get on that asap.

 

Will it affect it if i gave them my name already ? even though they refused to speak to me

[dx100uk]

phone calls don't count

[ericsbrother]

note for anyone reading this thread,

like with DCA's you NEVER phone these people and you never email them.

 

All communication is in writing only.

That way you create a paper trail and it costs them money to do the chasing.

 

 

Give them an email address and every low life debt collector will be spamming you with demands and the solicitors will be emailing you at 11pm the day before a court hearing and them claim they have served papers on you correctly.

Never give them the chance to get up to their old tricks.

Edited September 7, 2017 by honeybee13
Paras.

[jlinda8]

Hi guys.

 

I sent the letter .

heard nothing and

 

now have a court claim notice.

its still in my husbands name and

 

now I am bricking it as I cant risk him getting a CCj because of me.

 

what do I do now.

 

PLEASE HELP I'm a mess.

 

its now 236.93 and is in Northampton courts.

 

I live near leeds

[honeybee13]

Hello there.

 

The guys will be along later to tell you how to acknowledge the claim. I think ericsbrother is around at the moment, hopefully he will pop in.

 

You can ask for the case to be heard in a court local to you, it's highly unlikely you'll have to go to Northampton. They're just the court that send out claim forms.

 

HB

[jlinda8]

thank you x

[brassnecked]

Go to Moneyclaim online register as an individual, acknowledge the claim and tick DEFEND ALL, but better to wait as the team will be along shortly so hang fire a short while

[honeybee13]

By the way, you're a very long way from getting CCJ.

 

First they would have to win the case and if you listen to the advice here, they won't. And in the likely event that they won, providing you paid what the court said you should within a fortnight [that could be the wrong time limit] then there would be no CCJ.

 

HB

[ericsbrother]

post up the particulars of claim here so we can read it.

 

Usually these claims are bereft of detail as to what the claim is for and why they are suing you.

 

As they have named your husband as the respondent HE has to do the work so differentiate between the keeper and the driver, from now on this has nothing to do with you so you do not say who has any interest in the car.

 

Northampton court sends out all of the online court claims so the matter will be heard at YOUR local court if it comes to it.

 

For the moment just acknowledge the claim and that buys you the best part of a month to put together a skeleton defence.

 

This means that you mention things that you wish to go into detail in later so the obvious one is "No cause for action against the defendant as no contract offered and no keeper liability created. The defendant was not the driver at the time" that will cover almost everything.

 

Once you have ticked the box saying defend on the acknowledgement of service you can go about gathering your evidence to sink their claim.

 

That will mean going back to the car park and photographing

the entrance to the site,

the signage there and

any signs throughout the car park that are different to the one at the entrance.

If it was a P&D car park then we need pictures of the conditions on the ticket machine as well

 

We will need to see any paperwork you have relating to this as these small companies usually get it so wrong their claim is doomed from the outset.

 

Next you send a letter to Gladstones asking for sight of the contract between their clients and the landowners of the sites assigning the right to enter into contracts with the public and to make civil claims in their own name.

 

Also you want copies of the NTD as none was found on the vehicle at the time.

Lastly you require proof that planning permission has been granted under the Town and Country Planning Act 2007 for their signage and equipment. You request these to be sent within 14 days under CPR 31.14

 

They wont be sending them but if you are quick in getting this off then when they fail to respond you can use this lack of response as a stick to beat them with and ask for the claim to be struck out for having failed to fulfil the requirements of CPR 3.4 and 16.4 in showing a cause for action.

 

Gte hubby to get moving!

[jlinda8]

Particulars of the claim.

 

The Driver of vehicle registration **** *** (the 'Vehicle') incurred the parking charge(s) on 09/06/2017 for breaching the terms of parking on the land at Lawson Road Car Park Lawson road Brigho

The Defendant was driving the vehicle and/or is the keeper of the Vehicle.

AND THE CLAIMENT CLAIMS.

£160 for Parking Charges/ Damages and indemnity costs if applicable, together with interest of £1.93 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuning to Judgmentat 30.04 per day.

 

 

Acknowledgment of Service

Start AOS

If you need 28 days (rather than 14) from the date of service to prepare your defence, or wish to contest the court's jurisdiction, complete the Acknowledgment of Service (AOS).

Response Forms

Start Defence

If you dispute the whole claim or wish to make a claim (a counterclaim) against the claimant, complete the defence form.

 

 

which one am I clicking please so I don't cock it up.

 

thank you for your help here.

[ericsbrother]

now, from what I can see on Google noseyneighbour

there are no signs at the entrance to the land and those that can be seen in the distance are attached to walls away from the parking spaces with a barrier between the car park and the ticket machine.

 

This means that the signs themselves are not an offer of a contract but an "invitation to treat" and the contract you are invited to consider is on the ticket machine.

 

It also means that if you dont buy a ticket you are not held to its conditions and are trespassing.

 

Now trespass is nothing to do with the parking co if they dont own the land so contact with the council as to who pays the rates on this land for the parking business would be a good move.

 

If the council dont collect business rates then that may we worth taking furhter but at least hopefully you will have an idea of who owns the land and if it is more than one person where the boundaries are.

[dx100uk]

Select [AOS]

Defend all

Leave jurisdiction untucked

 

Click thru to the end confirm

And exit mcol

[dx100uk]

send this to gladdies

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

[jlinda8]

I acknowledged the form

 

here are the photos of the car park in question,

 

its also a point that the address on claim form is incorrect too if its important.

 

where should I go from here

 

letter being sent by recored delivery.....

 

sorry for delay my friend lost a child so I have been caught up helping her out.

car park 5.pdf

car park 3.pdf

car park 4.pdf

car park 1.pdf

[ericsbrother]

the address of the site is incorrect?

then no such event can possibly occur.

 

Also the signage of both types fails to offer a contract because the terms are different to those on the parking meter.

 

How, for example do you pay for 3 hours parking?

no mention of a time limit on the main signs as a contractual condition

 

. They cant claim for breach of contract if it isn't a contractual term.

 

we will pick through it all but this is an example