Millenium Parking Services Swansea Arvato (103)

[ericsbrother]

there is no appeal to the IAS,

they have never allowed a successful appeal and dont even read them.

That was shown in a TV documentary so take heed of what people tell you here rather than pinning your hopes on a kangaroo court.

 

These are the simple facts

Your OH has a licence to park.

Millenium have no right to interfere with that so even if she failed to show a permit that doesnt change the law in their favour.

They wont give up because they are greedy and ignorant and are badly advised by their Trade Association, who are less then honest.

 

You wont reason this out with them so stop trying to,

let them do their worst and then slap them hard should they decide they want to lose money on a legal action.

Anything you say before then will be a waste of time as they arent going to see reason as they are greedy and ignorant as already said.

 

So, let them do their worst and come back here if she does get a letter before claim from their lawyers Gladstones,

who are the IPC in a different frock so no conflict of interest there.

 

Can she still mention that the photo doesn't show the full screen?

 

To Millenium, or in Appeal to IAS?

 

Does there have to be a windscreen ticket? Is that grounds for appeal to IAS?

Edited July 6, 2018 by dx100uk
spacing

[ericsbrother]

you need to read up on what happens in all of these cases and you will soon realise that dca's have no powers to do anything whatsoever.

 

Also ask yourself why the bill has gone up to £160 when the contractual sum was £100.

 

Let us say for example you buy a sofa and the terms are £1000 no deposit nothing to pay for a month.

 

Do you then expect to pay another company an extra £600 for asking you to pay for the sofa? It is the same principle here

Edited July 27, 2018 by dx100uk
Spacing

[ericsbrother]

No but it would be worth having a word with the site owner and letting them know that they may be in for a load of flak over their employment of a bunch of cowboys who are now ruining their reputation and that social media is a very instant and powerful method of letting the world know for ever how people feel when things go wrong and once it is up there in cyberspace it never comes back down again so they should make an executive decision regarding the incorrect issuing of demands with menaces.

[ericsbrother]

have you read up on their tactics here? if you ahd you would see that we recommend responding to the LBA but dont use their forms.

 

Now you need to respond in a forthright manner stating that

"there is no monies owed as there was no breach of contract as the supposed breach is a matter of prohibition and not an offer of a contract in the first place. Clearly their clients have been misled by the idiots at the IPC over this when the signage was approved by them but anyone who has done A level law will know the difference so you should tell your client to stop wasting their time and money on an action that is doomed to fail."

 

that will do, they will ether slink away or try their luck and hope you wet yourself and pay up when you get the court claim. When you respiond to that they normally drop the matter to save money and go and bother someone else.

Edited February 8, 2019 by dx100uk

[ericsbrother]

you are writing to them everything I have put in the quotation marks simple as that

 

you write a letter, never email and never ever ever phone these bandits. phone calls arent part of any procedure so you dotn even answer it if they phone you.

 

the point about a level law is you are writing to some rogue solicitors who have law degrees but wnat to trot out rubbish anyone who has doen a level will now is wrong. it is just an insult aimed at them becuase Will and John at Gladstones are the IPC in another dress.

read more than just your thread and you will have known this

[ericsbrother]

why do we say anything at all?

because we have been there hudreds of times before and know what works best and what comes back to bite your backside.

Write a letter and stop trying to find a lazy way out of this. I own a pen so you can write and then photocopy the letter, that works as well as printing it on a computer.

Do you realise that if you pay up that in law that may not be the end of it so better to put a bit of effort in now than complaining about it afterwards.

[ericsbrother]

so details of the particulars of claim please and  then  you open an account with moneyclaim online and tick the box saying you intend to defend in full. you then have the best part of a month to write and submit your outline defence. We will help you with that.

these bandits are hoping you will wet yourself and pay up without them having to go to the expense of actually going to court. they rarely win a properly defended claim and normally throw in the towel just before the hearing to avoid further costs.

[ericsbrother]

this is the stage that many peopel give up, they think that you need to write a boo in latin to beat a claim and you dont. You know what your defence to the claim is because that is what has been discudded for the past 6 months, nothing has changed in that respect.

Now, aqcknowlegde the claim online via the moneyclaim portal and if you want to put in an outline of your defence then do so.

Simply say that 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.

 

That will do for the moment, everything else you want to add to this just pads out that argument and it is a winner, later on you will refer to other cases where this has shown to be the case. It will be polite to send a copy of this to Millenium's solicitors but not an absolute necessity if you have filed online as they can just look at their control panel anyway.

[ericsbrother]

you had 32 days from the day the claim was issued so if 12 days have elasped you have another 14 days plus time for the response to work its way through the postal system. If you sent your CPR 31.14 request off at the very beginning then you could send in your outline defence at the last moment and include  a statement saying you do not belive they ahve the authority to be there etc as they have failed to producesight of the contract, the planning permission etc. you can still add thsi to your actual defence but never wait for them to respond at the risk of missing your deadline.

They will behave unreasonably and hope to get away with it so make sure you do everything correclty and that way you have grounds for complaint and asking for the claim to be summarily dismissed without a hearing. ( unlikely to happen but does occur if they ahve been very lazy or naughty)

[ericsbrother]

as already said, their failure to respond to the CPR can be used against them but you dont wait for it, you can still use that stick later.

 

Your outline defence is fine, no need to add the detail you have suggested, it may tie you to a particular point that isnt that important and thus lead you down a blind alley.

 

Your photo may well completely stuff them later when the lack of breach is expanded upon but is part of only 1 facet of your argument

a general point is good at this juncture.

 

Now what Mrs O'Frog has pointed out is that you can rubbish the wording for the claim as for example not saying whether it is for money due as a contractual agreement or for breach of contract,

 

the POC is too vague to show a cause for action against you as it failed to say in what capacity you are being sued etc. again 

 

this wont be a magic bulelt but it will usually cause the judge to look at their claim with a jaundiced eye and make them prove every aspect of it, esp if they have employed a solicitor to prosecute it as they should know what is what That will place you at a slight advantage on the day if it gets as far as a hearing.

[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.

[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

[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

[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

[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

[ericsbrother]

they have a habit of introducing irrelevant stuff after the date all paperwork is supposed to be in and you wont tehn have the opportunity to say why things like CPS v AJH Films

[ericsbrother]

my cat has a habit of sitting on the keyboard so post got sent before I had finished composing. Thanks for clarifying Brassnecked

 

[ericsbrother]

Cast iron win against these bandits but she would rather pay them more than they are lawfully entitled to claim if they did actually have a claim.

 

Is there an upside to paying?

NO there isn't,

they have added costs they haven't and wont occur so they make an extra £50 for the white flag waving.

 

If you do nothing no it wont proceed on the papers,

a court date will be set and you will be expected to turn up.

 

If she doesn't then they will just invent a load more fake costs and it will cost her another £50-75.

 

Get it into yoru head that everything you do now makes you money and costs them.

Even if you lose at court they wont get any more if you turn up as they have limited themselves.

They still have to shell out to actually get to a hearing

[ericsbrother]

agree, a lot of the time when you defend they pull oout becasue tey knwo that they are on a hiding to nothing. Things like a lack of planning permission can come back to bite them with possible criminal charges (obtaining money by deception but it has nevr happened yet) so they would rather drop one claim than risk killing the goose that lays the golden egg.

Bullying and bluff so at least get her to go with it as far as the last call for court so their bluff is called