Unknown PCM/Gladstones CCJ - PCN Academy Central Development *** CCJ -Struck Out ***

[Karalius]

Thanks, I agree they are shady and messes up people's lives.

 

EB Thanks,

I will read more on the procedures tonight.

 

I have filled out N244 form and it's ready to be fired.

 

Is there someone that can help with skeleton witness statement and defence draft as I assume this would have to go together with the form?

[ericsbrother]

the skeleton bit is easy, just bullet points stating no LBA sent, the POC are inadequate to determine what is being claimed and why action has been taken against the defendant as there is no keeper liability in this matter.

 

This is in breach of CPR 16.4 and a strike out under CPR3.4 would ahve been sought if the claim had been served upon the defendant.

 

The amount claimed is different from the contractual sum if indeed a contract was offered to anyone.

 

The defendant does not believe the claimant has locus standi in this matter as no evidence of an assignment by the landowner of the right to enter into contracts with the public and to make civil claims in their own name has been offered.

 

There is no contrctaul obligation fro the defendant to the claimant.

 

On the last point pictures of the sigange will also help you as then you can be more specific later on when you get a rehearing.

 

For the moment leave the ball in their court

[Karalius]

Thanks EB. I will draft up the WS and will post up here for review this afternoon.

 

Many thanks for all the help!

[Karalius]

Hi EB,

 

I have drafted the case up & letter from my employer which my boss will sign on company letter headed paper.

 

Would someone please review when time allows and advise if you think it's good enough and that I have a case?

 

 

Many thanks!

1234 copy.pdf

123copy.pdf

Edited November 9, 2017 by Karalius

[ericsbrother]

it is of no help whatsoever.

 

You have already been told what you need to say to fill out the N244,

what you havent done is gather any information about the event itself so pictures of sigange etc.

 

saying you moved out on such and such a date is irrelevant other than to confirm that any paperwork was served on the correct address if the vehicle was registeered there at the time of the event and you already have said that it was and you moved subsequently.

 

Well, unless you give them a service address that is different then they have to write to that one regardless. so your letter says nothing

 

Your witness statement will be needed for the new hearing

but as said it is worth making a few bullet points to show you can win the second time round

 

you need to show there was no breach of contract and as the signage is the offer of contract you need to show why it doesnt apply or is rubbish

[Karalius]

Thanks EB,

apologies this is all new to me and sorry in advance I am making mistakes.

 

English is not my first language and it's hard to fully understand the processes.

Should I be driving to the place of event and take absolutely all pictures of signage, place where I parked etc?

 

I am very confused of what I need to do still...

I have filled the N244 form out,

 

do I need to attach a witness statement when I send this form first time?

If not, where do I write all the said bullet points?

In the evidence set out box below?

 

Also in regards to the signage - how would I explain to judge that the signage does not apply to me in this case?

 

Is there any suggested posts or threads that someone may point me to read of similar case and what steps were taken to resolve this matter?

 

I am sorry it has been almost week and half since I have found out about CCJ,

I have spent hours and hours of researching but it's all very confusing and I do not want to make any mistakes.

[ericsbrother]

for N244, you fill out the boxes and state that you dont receive any correspondence from the claimant as it is likely that it was sent to an old address

( you can put the date you left there as that is relevant.

 

YOu do not need to do a witness sattement for a set aside

it is useful to include reasons as to why the claim would have failed anyway

so there is a reason as to why the matter should be heard again.

( if you didnt have a defence then why would anyone set aside the judgement other than to clear your credit file)

 

you need to show that there is a reason to hold a new hearing and that includes.........

Now this is why we need to see the signage because it is likely that there was no offer of a contract and even the possibility that PCM had no right to be there in the first place.

That is why we want to see the signage.

 

Also we need to know whether this relates to where you were living or were you just visiting.

That nakes a big difference to what is called performance because they may not be able to tell you waht to do if you lived there.

[Karalius]

Understood, thanks.

 

I will drive down to place of offence tonight and will take all possible pictures of where I parked, signs etc and it will be around same time when offence would have occurred.

 

I guess I will hold of sending N244 form for now until I can write a valid argument for signs?

 

By the way, I have attached picture in post 1 with the sign, not sure if you have seen it?

 

Thanks

[Karalius]

Hi Eric, I was wondering if you could run this N244 form and see if I have filled it out correctly?

 

I will attach the pictures of signs later tonight for review.

 

Thanks for all the help so far CAG!

N244.pdf

[dx100uk]

no you are the defendant

 

locus standi

[ericsbrother]

in your statement you should start with that no Notice to Keeper was received,

no letter before action,

no claim form etc as you believe these were sent to an address you left after the date of the event.

 

This clarifies things as the parking co has to adhere to the POFA and they wont have done

then they wont be able to rely on it to create a keeper liability anyway.

 

that wil be addressed by the point of 4 where you can add it at the end if you wish by saying

"and in any case, no keeper liability has been created under the Protection of Freedoms Act 2012 so no cauase for action against the defendant in this matter"

[Karalius]

Thanks I will update the form.

 

I have visited the site last night and took the pictures,

please review them and let me know your thoughts.

 

Also something has caught my eye as the sign in evidence is located at most likely different location.

 

Notice the L&Q sign next to it,

I have walked around the place last night and could not see this same sign as in picture as they have attached on the case.

 

I didn't really feel safe taking anymore pictures, this area is rough man!

 

As I was taking pictures around 30 youngsters started running towards me from around the corner while police was chasing them.

convert-jpg-to-pdf.net_2017-11-11_17-05-26.pdf

[ericsbrother]

the signs permit certain sort of parking.

 

They dont offer a contract for others to park so the sign is prohibitive in nature and not an offer of a contract.

 

That means you cant accept a contractual obligation and also the amount claimed then becomes a penalty as it is clearly there to act as a deterrent and not a genuine offer to park.

 

The fact they have used a false image in their evidence is notable, this is perjury and all of the above should be added to your form if you haven't sent it in yet

Edited November 13, 2017 by honeybee13
Paras

[Karalius]

Good morning Eric,

thanks for the reply and hoping your weekend was great.

 

I am ready to send the documents this morning,

would you please just review once more before I send it out?

 

And couple more questions at same time :-

 

1. Do I attach images from the evidence of PCM and also the images which I have taken together with N244 form to show the sign differences?

 

2. Do I send 3x or 2x copies of each paper to CCBC?

 

3. Is there anything else that I am missing and not thinking about

 

Thank you

N244 updated 13.pdf

[ericsbrother]

you MUST amend the tick box where you have put claimant to DEFENDANT.

 

The rest is fine,

what usually happens is that you show up

, the other side doesnt bother

and the CCJ is quashed

and a date is set for the hearing.

 

This is based on the fact you have shown a reason why the CCJ is defective ( not received paperwork) and there is grounds to believe the result may be different (you have touched upon this with your WS).

 

The judge may then give a case management order for PCM to provide certain evidence of their claim before a certain date or it will be thrown out.

 

That is likely to be the case with you as PCM will know from what you have said they know you wont be an easy win so they often give up and hope that they dont get ordered to pay your costs.

 

If this doesnt happen and you win then you get your set aside fee and any other costs for the 2 days and they will have to pay for another lawyer for those hearings so they will be quite a bit out of pocket.

 

That will have occurred to them so dont be in a hurry to agree to anything they offer once this is sent in.

 

No need to send copies to anyone other than court

[Karalius]

Thanks Eric, that is done and updated!

 

Sorry I have missed DX's original post which he has also mentioned this.

 

This all makes perfect sense and really do hope this is the way it will turn out.

 

I have just paid the £255 fee and going to fire through the scanned copy via the email.

 

Many thanks and I will update on the process!

[ericsbrother]

good, lets hope they just bottle it at the first hurdle. It will have cost you the £255 but you can still go after them for a costs order.

[Karalius]

Good morning,

since I have never been through this process before and do not want to mess this up I have some questions.

 

My case has been passed over to Clerkenwell and Shoreditch County Court.

 

When I called them to get an update they advised that there is backlog of cases so it may be delayed a bit.

 

I am taking a guess I will receive all the paper work with dates etc in my mail?

Is there anything that I should be reading up on or preparing before I receive these letters?

 

One last thing,

I have been reading on some threads that Gladstones can serve the court papers via an email night before.

 

Initially before coming to these forums I have sent them inquiry through their online portal to ask if they would consent to set aside,

however I have not yet received anything back and have added my email in that letter.

How would I protect myself from them doing this same thing to me?

Many thanks

[ericsbrother]

Look , you LOST their claim so anything they do or threaten to do is immaterial BUT block their email addy so they dotn send you stuff just before the rehearing.

[Karalius]

Thanks Eric, I have blocked their contact and will await documents from Court.

[ericsbrother]

so the local court will tell you what to do next and the date for the set-aside hearing.

 

Gladdys will ask for it to be "on the papers" so they dont have to spend money to regurgitate their rubbish.

 

This bit will normally be short and based on why you didnt respond ( you had moved so didnt get the documents)

 

Once you have the set aside you can go after them for their evidence they will rely on and that will cost them in time and money so they may well again make lots of noise and then skulk off at the last moment hoping to avoid a big costs order.

[Karalius]

Thank you Eric, very clear information.

 

Do you think it's possible that the judge will question me why the address details were not changed for such a long time Dec 16-Sept 17?

 

What's the best way to answer this?

If so,

can the judge order me to pay the £1000 fine for not changing these said details?

 

I am probably overthinking, but just want to have a budget set aside in case worse happens and I would have to pedal couple thousand £ to have this resolved.

 

So far you lot have been very helpful and it means a lot to me.

 

I am sure I will be here for a while and hoping I can get guidance to the right direction moving forward.

 

Sorry with all the questions in advance!

[dx100uk]

nothing to do with the judge

that's a DVLA issue.

 

dx

[Karalius]

Perfect! Thanks dx

[ericsbrother]

LOOK we keep telling you the parking co have to send out their paper work to the address given to them by the DVLA unless you tell them differently AFTER they have sent the NTK.

 

As you didnt receive the NTK as you had moved that is reason to ask for set aside.

The parking co HAVE to send their letters to the address given to them by the DVLA because that is the service address for all legal papers.

 

It wouldnt matter if the DVLA knew you had moved the day after PCM applied for your details,

they still have to give out that address and PCM have to write to it.

 

Luckily for you judges understand this as it is their job to understand this.

Anything else you omitted to do afterwards is of no interest to a county court judge.

As the DVLA havent fined you then it is of no interest to anyone anywhere

 

This is why people should always use the RM forwarding service for 6 months.

 

Thank you Eric, very clear information.

 

Do you think it's possible that the judge will question me why the address details were not changed for such a long time Dec 16-Sept 17?

 

What's the best way to answer this?

If so,

can the judge order me to pay the £1000 fine for not changing these said details?

 

I am probably overthinking, but just want to have a budget set aside in case worse happens and I would have to pedal couple thousand £ to have this resolved.

 

So far you lot have been very helpful and it means a lot to me.

 

I am sure I will be here for a while and hoping I can get guidance to the right direction moving forward.

 

Sorry with all the questions in advance!