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PCM Windscreen PCN claimform - Sailsbury village - REsidential Permit fallen on Floor **WON**

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Name of claimant: Parking Control Management (UK) Limited

Claimants Solicitors: Gladstones Solicitors Limited

Date of Issue: 3/10/18

 

What is the claim for: the driver of the vehicle incurred the parking charges on 31/01/2018 for breaching terms of parking on the land at Sailsbury village. 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 £7.58 pursuant to s69 of the county courts act 1984 at 8%pa, continuing to judgement at £0.04 per day.

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so, for starters you need to register and log in at moneyclaim dot gov dot uk and then tick the box saying you intend to defend.

there is an awful lot wrong with the claim, for starters PCM/Gladdys havent followed the Civil Procedure regs because they ahve failed to send you a proper PAP letter before action.

Secondly, the claim doesnt state in what capacity they are claiming from you, they cant claim from the keeper UNLESS they follow certain protocols and to weld the driver and keeper liabilites together requires proof of who was driving at the time. Also they dont say why there are aprking charges, is this money due under a contractual condition or money for breach of contract?

 

After that they have no cause for action as the singage isnt an offer of a contract but prohibitive in nature.

 

 

You then will have to file an outline of your defence so you will use these points. We recommend that you do this nearer the end of the allowed time so they dont send in a revised Particulars of Claim. It is probably enough to get them to drop the matter before it costs them more money as this abuse of process is their norm. Theyknow there is no real prospect of actually winning a defended claim and they slap in a court summons as a way of coercing you to pay up rather than as a last attempt to collect a genuine debt.

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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 start 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 3114 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim)

 

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.


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I don’t know what cpr 3114 request is, if you could explain thank you

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I don’t know what cpr 3114 request is, if you could explain thank you

 

 

Have you clicked on the link in dx's post #29?

 

 

HB


Illegitimi non carborundum

 

 

 

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Have you clicked on the link in dx's post #29?

 

 

HB

 

I have had a look but don’t really understand it it, sorry

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well get your finger out!!

from the date on the claimform [3/10]

you only have 33 days to get things done else YOU@LL GET A CCJ BY DEFAULT!!

 

its now the 14th that's 11 days WASTED

 

go back up to post 26

click the link and follow what it says.

 

then follow post 29

get AOS done on the mcol website

click the blue link and post a 31:14 off too!


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get the acknowledgement if service done NOW, the CPR 31.14 request is now of less importasnce because you are too late to hit them with that stick in your outline defence.

 

 

So your defence so far is

"1. no monies are owed by the defendant to the claimant because there was no offer of a contract to park so there can be no breach of contract. The signage they rely on is prohibitive in nature so their claim is at best an unlawful panalty

2 The claimant does not say in what capacity they are claiming form the defendant as both their sigange and paperwork is defective to creat ANY liability whatsoever under the POFA and thus any demand has no lawful basis

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I have done the acknowledgement form, so my next step is to write a letter of defence? who do i send it to? sorry i don't know much about this :(

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it goes via mcol just like the AOS but not till the 2nd nov

 

IMHO send that 31:14 follow post 29


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thank you

 

I have the 31:14 done, and I am going to send it via first class recorded tomorrow.

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now go back to post 26

there is a link there

click it

read it and when done

post the Q&A back here please so's we have ALL the info to PROPERLY advise you

and we know you've read how to deal with claimforms ans absorbed it

 

there are 1000's of parking claimform here to read as well

the more you read

the stronger WE become.

CAG is self help too.

 

dx


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I have done the acknowledgement form, so my next step is to write a letter of defence? who do i send it to? sorry i don't know much about this :(

 

Neither did any of us at the start, but start reading and get genned up.

 

What you've done today is excellent. You've opposed their moronic claim. That's already a spanner in the works for them. Unfortunately most motorists just cough up due to being frightened of going to court or else pretend it isn't happening and the PPC get a default judgement.

 

You've also requested important documents from them, which they won't send, so that'll make them look bad in court.

 

BTW, I've been to civil court, it's not intimidating at all, the judge will appear in a suit and invite you to sit down round a table and give your side of the story.

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once you have given them 14 days to respond or the day before you need to submit a defence you sned your outline defence to the court via your moneyclaim online account ( open an account if you dotn have one, it is much easier to see how things are progressing and nothing gets lost)

 

 

A simple defence will be the 2 sentence I put in post #34. This goes to the court and copy to the parking co solicitors.

 

 

 

If you send this after the deadline for them responding to your CPR31.14 request you add the third point

" the claimant has failed by way of a CPR31.14 request for documents to show any assignment of authority from the landlord to enter into contracts and to make civil claims in their own name. The defendant does not believe the claimant has locus standi in this matter".

 

That last point will force them at some point to either produce a proper contract ( unlikely, it will be with the managing agents) or lose the action so they often discontinue

Edited by honeybee13
Paras

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UPDATED VERSION-

 

Name of claimant: Parking Control Management (UK) Limited

Claimants Solicitors: Gladstones Solicitors Limited

Date of Issue: 3/10/18

 

What is the claim for: the driver of the vehicle incurred the parking charges on 31/01/2018 for breaching terms of parking on the land at Sailsbury village. 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 £7.58 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: £242.58

Amount claimed: £167.58

Court fee: £25

Legal representatives: £50

 

Claim has been issued by Parking control management- the parking company.

The Debt collectors Trace had sent me a few letters and I was sent a letter saying it is going to be assigned to the solicitors, Gladstones.

 

Also another point, when i received the charge, the letter wasn't sent to where the car is registered, my car is registered at home however all the letters was sent to my Uni address.

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defence by by 4pm 2nd November do not miss it whatever does or does not happen


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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thye are suing you as the driver, hence the uni address. they arent clairvoyant.

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so ive tried to post my defence letter as today is the last day for the claimant to reply to the 31.14 letter

 

however i cant log into the claim,

ive used the claim number and password from the letter and it is coming up as incorrect,

when i did my acknowledgement form i had no issues,

i plan on calling the help desk tomorrow,

i was wondering if they had withdrawn the claim.

 

Thanks for all of your help so far.

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just means MCOL is having a hissy fit..quite usual.

 

ring the morning.

if it doesn't work they'll give you an email to use.

 

is post 34 your defence wording?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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Reclaim Bank Account, Loan & Credit Card Charges Read Here

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yes, post 34 and post 40 are my defence wording

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you can fax them, the fax is normally quiet these days as technology marches on. A day late wont be punished, they usually dont allow the claimant to do anything for 5 days after the defence submission date as they need the time to put stuff on the system anyway. I am involved in a case that has taken from the 16th sept until yesterday to get punched into the computer and that was supposed to be done by the 19th sept

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I have received a letter from Gladstones saying they are going to carry on with the claim, and intend to request the case be dealt with on papers rather than a oral hearing. They have elected not to mediate and have said they are happy to listen to any genuine payment plan. They have also attached the clients completed directions questionnaire which they have said they will file to the court upon request.

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Send them this-

Dear Gladdys

Do you think I would agree to dealing with this case on the papers considering who I am dealing with. A company that has lost time and again in Court over permits and who lied to become a member of the IPC. Then are so stupid they cannot get the name of their AOS correct and compound their stupidity by employing a second rate solicitor to carry out their work.

I am looking forward to my day in Court with you where I will show the Judge cases which you have already lost in Court [and you do have a lot of them] where permits are involved. I will of course be going for exemplary damages. Should you continue to press ahead not only will I be delighted but a strong complaint will also be made to the SRA.

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Inform the court that you insist on an oral hearing, Gladstones always try to fool a defendant to allowing "On The Papers" it's an easy win for them then as their lies and insufficient evidence will be believed. On The Papers is always a no no.


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