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


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no.

I thought you meant a totally different address,

not a minor typing error

 

OK for pictures we still need one of the entrance to the land from the public highway.

This is important as you are supposed to be able to see the contract offered before you decide whether to drive in or not.

 

So far the signs represent at best an "invitation to treat" rather than a contract.

If they were a contract they would be dead in the water

BUT as there are terms on the parking meter that differ from this

then it can be said that by putting the money in the meter you accept these additions or variations as the contract rather than the signs.

 

The lack of ability to pay for more than 2 hours when it isn't mentioned on the signs goes in your favour as it makes the overstay charge a penalty rather than part of a consideration.

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  • 4 weeks later...

you area fortnight late in submitting but go with the following:

 

1)Claimant has no cause for action against defendant as no keeper liability in this matter as protocols of the POFA not adhered to.

 

2)In any case no contract offered by signage at the site so there can be no breach of contract to give rise to a claim.

 

3)The defendant does not believe that the claimant has any rights to bring a claim against anyone as they have failed to show any assignment of the authority from the landowner to enter into contracts with the public and to make civil claims on ther own behalf by way of a CPR 31.14 request.

 

4)The claim fails to show the necessary detail in the Particulars of Claim as to what it is about as required in CPR 16.4.

It does not state what capacity the defendant is being sued nor whether this os for a breach of contract or a contractual sum,

the amount claimed does not reconcile with anything claimed by way of the signage at the site nor the invoice sent as a notice to keeper.

 

that will do for the moment,

 

get it off NOW

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you will get sent an allocation questionnaire that asks you certain questions about what dates you cant make and any special arrangements you need.

 

Generally if you dont have any then your local court will be the default place for the hearing if and when it eventually happens.

 

Gladstones are busy losing their IPC clients small fortunes for mishandling these claims recently so by defending they may well pull out before the hearing date.

 

They will try and bully you into paying them something before then and even trya nd get the matter heard "on the papers" but you resist those temptations.

 

The hearings are generally relaxed and the ones doing the worrying will be the poor sod sent along at the last moment fore the claimant as they will soon realise that they have been given a real lemon of a claim to prosecute

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did you file that on MCOL website?

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 then get a further 14 days so 28 in total, not an extra 28 days.

However, if Gladdys havent kept up to speed on this then the defence will be accepted and any move for a default judgement after today wont be accepted.

 

Why didnt you mention going on holiday when you first came here? We would have advised you.

 

Also, whose name was on the claim form

- if you hubby as keeper then HE has to do the running.

 

Doesnt matter that you were driving they arent suing the driver as they dont know who it is and that is part of the defence.

If you get this wrong they may well start again and stand a better chance of winning

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people keeping an eye on the post arriving on your doorstep doesnt stop the clock from ticking.

 

You had better get on top of things and start doing a bit of reading about the court process so read up on CPR 3, 16, and 27 for what is expected of a claim and then you can go after the parking co for not getting it right.

 

Leave this until you get the allocation questionnaire and then send in a letter requesting the claim be struck out for failing to meet the required standard and being hopeless.

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hidden that

not redacted

 

now go read it again properly

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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ill post the letter received as that is the one I was referring to sorry.

 

this is the cover letter from court.

 

the rest of the pages are asking if I would like mediation and NO copy of my defence so I am unsure as to what should have been included and what to fill in.

 

sorry if I didn't make that clear.

docs1.pdf

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nothing should have been included

that's to the Claimant not YOU

its sent for your REf.

 

fill out the N180

NO to mediation

1 wit YOU

the rest is obv.

 

copy to gladstones

redact your email/phone mind!!

copy to

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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  • 2 months later...

HI GUYS, update on claim.

 

this is what MCOL says

 

A claim was issued against you on 22/09/2017

 

Your acknowledgment of service was submitted on 04/10/2017 at 08:37:45

 

Your acknowledgment of service was received on 04/10/2017 at 12:02:05

 

Your defence was submitted on 30/10/2017 at 11:31:25

 

Your defence was received on 30/10/2017 at 14:01:50

 

DQ sent to you on 03/11/2017

 

DQ filed by claimant on 03/11/2017

 

General sanctions order was made on 10/12/2017

 

You filed a DQ on 20/12/2017

 

Your claim was transferred to LEEDS on 20/12/2017

 

a court date is ordered for 29th june and claimant has to pay £25 hearing fees before the 1st of june.

 

Does this men they intend to defend it ? where do i go from here. am thinking of just making payment arrangement to pay it.

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am thinking of just making payment arrangement to pay it.

 

Why on earth would you want to do that?

 

You stand a better than 90% chance of winning at court and not having to pay them a single penny. In fact, get it right and they'll owe you money!

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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they are the claimant they don't defend it ..you do as the defendant!! and you've already filed your defence!!

 

you now await directions from the court IF IF IF glady's want it to go there!!

 

just because its been allocated doesn't mean its going to happen

 

god no please don't pay them anything

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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because i'm scared if it goes wrong. I thought the claim had been stayed, i don't understand why it hasn't been.

 

Even if it does all go wrong, you're only risking an additional £25 (the hearing fee), you'd have to pay everything else anyway. So what's to lose really?

 

You may as well take this all the way and stand a good chance of owing them absolutely nothing.

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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You have until the 11th june to gather all of your evidence together and send it into court with a copy to Gladdys.

 

Until then you can take your time gathering what you need,

documents,

copies of letters

pictures of signage,

copies of relevant bits of legislation like POFA,

Planning Act etc.

 

In the maenwhile you could send a letter to Leeds county court using the claim ref number and ask that the claim be stuck out under CPR 3.4 and 16.2 for gladdys rubbish claim form.

 

We can help you with the wording.

 

Did you send them a CPR 31.14 request for documents?

Edited by honeybee13
Paras
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  • 2 months later...
because i'm scared if it goes wrong. I thought the claim had been stayed, i don't understand why it hasn't been.

If it makes you feel better, I too had PNC letter for the same carpark, had a date at end of May for court. The fee was not paid and case struck out.

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Would be nice if the OP updated us after all the help we have +3mts ago,,...........

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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