Millenium Parking Services Swansea Arvato (103)

[dx100uk]

see any claimform thread here

this is what you should have been doing in your downtimes

..research on whats next

[ericsbrother]

 point 4, add " and I put it to strict proof for the claimant to show  to  who was driving at the time".

drop point 5 and say this instead. " the claimant has failed to produce any evidence of a contract with the landowner via a PR 31.14 request  that assigns them the right to enter into contract with the public or to make civil claims in their own name. The defendant does not believe they have locus standi in this matter and so requests summary dismissal of the claim in its entirety"

[ericsbrother]

you are unlikely to get thsi but it normally make the judge demand to see certain evidenec of authority before they allow anyone to say more.

[Joe916]

How's this?

 

I'm trying to research more between child care, but just seen a claim where dx mentions submitting by 4pm! Do I need to do mine by 4pm?

 

1.       There was no offer of a contract so there cannot be a breach, the signage at the site is prohibitive in nature so not a genuine offer of terms.

 

2.      The driver did not agree to pay the PCN.

 

3.      The Particulars of Claim are sparse, and do not state whether it is for money due as a contractual agreement or for breach of contract.

 

4.      The Particulars of Claim fails to state in which capacity I’m being sued and I put it to strict proof for the claimant to show who was driving at the time.

 

5.      The claimant has failed to produce any evidence of a contract with the landowner via a PR 31.14 request  that assigns them the right to enter into contract with the public or to make civil claims in their own name. The defendant does not believe they have locus standi in this matter and so requests summary dismissal of the claim in its entirety.

 

 

Thanks.

[ericsbrother]

drop point 2 as it may be true but what they mean is by entering the land the driver agreed the offered terms.

 

Now as there was no contract as the signage is prohibitive then it never can be the case they agreed to pay the PCN You could instead say

for point 2

"As there was no contract to consider the driver could never agree to pay the PCN"

 

point 3 say

" the Particulars of claim are so sparse as to be incoherent, they do not state if  the cause for action is for monies due under a contract or for damages for a breach of contract. the sum claimed is greater than the amount  demanded by the Notice to Keeper and so is either adding unlawful costs or there is the  unlawfully applied assumption that the defendant is the driver"

 

point 4

state that you were not the driver at the time and then say it isn't clear in what capacity the defendant is being sued as there is no keeper liability so it is put to STRICT PROOF that the claimant show who was driving at the time.

 

point 5

the term is CPR 31.14 request for documents (that assigns the right to enter into) contractS.....

 

now this is longer than I would normally want to say at this point

but the main part about lack of contract doesn't say anything that leads you down a blind alley so the rest is there to show Gladdys that you aren't going to wet yourself and pay up.

 

When you send this to court you are advised to send Gladdys a copy as well as it is good practice.

i would send a copy to Millennium as well so they can see their money running down the drain.

That way they may very well decide NOT to pay the hearing fee plus another £50 for the legal help they wont get

[Joe916]

Thanks EB. Already submitted though, as I was worried about the deadline. I did change it to CPR.

 

Snail mail to Gladdy's & Millennium is it? Just a printed letter, or complete the Defence part of the Claim form?

[ericsbrother]

if you have alrerady submitted you might be able to change the wording without charge if you hurry.

other than that snail mail to Gladdys only as your version wont make them wnat to drop it at this point, you will have to slap them hard with your Witness Statement later on

[Joe916]

Just had a look, but no way of editing it. I don't believe I could have edited it after submitting. It looks the same today as it did on Friday, just view only.

[ericsbrother]

They know their roboclaim is rubbish and you still have a couple more bites at the cherry. Chamces are they will drop it later on, often when they have to convince their client to pay more money for the hearig fee. They like you to pay up without questionif that wasnt so they would have to do some work to earn their money

[Joe916]

I've now received a copy of a Directions Questionnaire, requesting the case be dealt with on the papers, without an oral hearing. They've also elected not to mediate. They've kindly offered to listen to any genuine payment proposals!!

 

There's an N159 attached. Not sure if this is unusual, but there's no date entered by which I have to return it?

 

Thanks

[dx100uk]

you mean THEIR N180 you've not had yours yet from the court

you object to that paper only idea

as that removes your chance to question the paperwork

 

plenty of like threads here on how to deal .

get reading up

which you should have been doing anyway as to whats next

 

dx

 

[brassnecked]

They want on the papers as it  almost guarantees them a default judgment, when the proper DQ comes from THE COURT, insist on a proper hearing,

[ericsbrother]

thye are trying to catch you out. Ignore it and send a short letter to the court saying you want an oral hearing at your local county court.

that will mean they have to shell out another £75 and they wmay well decide to drop the entire matter to save themselves the costs of that and your costs as well when they lose. that is why they are keen, you wont be able to challenge their lies if held on paper, dont forget solicitors are telling lies 50% of the time or their would be no judgements

[Joe916]

I've now received an N180.

 

From reading up,

 

I reply No to mediation,

2 witnesses (I'd like to attend with my girlfriend (reg keeper))

Change court to my local one

 

3 copies

1 to the court,

1 to Gladstones (I don't bother sending to Millenium?)

1 for me.

 

Cover letter to stress that I want an Oral hearing at my local county court, objecting to it being on the papers

 

eg.:

 

Dear Sir/Madam,

 

Please find enclosed my completed N180 Directions Questionnaire as the defendant.

 

I note that the claimant has requested a Special Direction for the case to be dealt with on the papers. I do not consent to this, and request an oral hearing at my local County Court.

 

Furthermore, I believe the case should be dismissed under CPR3.4 on the basis that the claimant has failed to show any authority to enter in to contracts by way of their failure to produce such a contract, nor any evidence of planning consent for their signage under a CPR31.14 request.

 

Failing that I request that the matter is heard in person at XXXXX County Court,  as this is the most accessible County Court to me.

 

 

[dx100uk]

only 1 wit her sadly

don't forget

don't send sols your email/sig/phone details blank it out on their copy

[Joe916]

Thanks DX. 

 

When you say don't send them email/sig/phone, what is sig?

[brassnecked]

DX means your signature as in they can copy a signature from a signed document so you redact it from their copy.

[Joe916]

Bad news guys.

 

I've mostly been driving the fight against these con artists. My girlfriend would just have paid them up front to avoid the hassle. She's just been leaving it to me, as I hate the injustice of it all Unfortunately, as she's the registered keeper, I had to get her signature on the N180.

 

She's in a pretty fragile state at the moment, as a close relative is seriously ill in hospital. She really doesn't want to bother with this, and doesn't want to attend court or sign the N180.

 

She tried to pay it off earlier, but was too late to pay it today. She's planning on paying it Monday, which is also the deadline for the court to receive the N180.

 

My last option is to allow the case to proceed 'on the papers', as she wouldn't have to attend court. Question is, is it worth it? Would we have any chance of winning, and would it cost any more if we lost?

 

I'd be gutted to let these crooks win, but as I'm not the registered keeper, seems like it's out of my hands.

 

Any thoughts?

 

Thanks

[dx100uk]

no it wont cost you anymore

please don't use papers only

you will lose if you do that.

 

yes you have every chance of winning.

and it might never need attendance.

 

[Joe916]

You advise I try & persuade her to sign, and continue as before then?

 

I'll give it a go.

[brassnecked]

Definitely worth a go, they might chuck in the towel before Court.

[Joe916]

If I can persuade her, but they persist, what will we have lost? Will it cost more then? Can they add extra fees that we may have to pay?

[dx100uk]

Already answered this in my last post......

[Joe916]

Wasn't sure if that was specifically if done 'on the papers'.

 

Our costs are effectively fixed from here on in then, even if it goes to court?

[Joe916]

Also, if I can persuade her to proceed with the court for the moment, what are the consequences / possibility of withdrawing later?