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    • Thanks dx. I will ignore until I hear anything further from them.  
    • So, so far we have -   1.  Appalling signage with the £60/£100-ish charge in particular being illegible.  No PP either.   2.  Double dipping, you actually obeyed what was on their silly signs.   3.  No locus standi.  A blank unsigned template is not a letter, let alone a contract.   4.  Double recovery.  As well as £50 legal costs they have invented £60 Unicorn Food Tax.   WS in post 99 is useful for (1), (3) & (4)  https://www.consumeractiongroup.co.uk/topic/417771-cel-pcn-claimform-tenerife-buildings-station-road-south-gosforth-newcastle-ne3-1qd-claim-discontinued/page/4/#comments   WS in post 87 is useful for (1), (3) & (4)  https://www.consumeractiongroup.co.uk/topic/421029-opcdcb-legal-anpr-pcn-paoloc-now-claimform-overstay-st-johns-retail-park-wolves-claim-discontinued/page/4/#comments   WS in post 122 is again useful for (1), (3) & 4  https://www.consumeractiongroup.co.uk/topic/410445-ukcpmgladstones-windscreen-pcn-claimform-vista-centre-salisbury-rd-hounslow-tw4-6jq-claim-dismissed/page/5/#comments   WS in post 58 with comments in post 59 useful for (3) and (4)  https://www.consumeractiongroup.co.uk/topic/422971-excel-anpr-windscreen-pcn-claimform-brewery-st-car-park-chesterfield-on-0207-2018-claim-dismissed/page/3/#comments   I haven't got time to look at the lot, but there are probably useful WSs in the following (scroll down the pages till you come to the WS, which will always be an attachment)   https://www.consumeractiongroup.co.uk/topic/419899-ukcpmgladstones-spycar-pcn-claimform-no-stopping-trinity-park-birm-airport-claim-dismissed/   https://www.consumeractiongroup.co.uk/topic/414313-cpmbw-windscreen-pcns-bw-pap-loc-now-claimform-residential-car-park-the-citrus-building-maderia-road-bournemouth-claim-dismissed-with-costs/   https://www.consumeractiongroup.co.uk/topic/421756-vcs-pcn-claimform-broomfield-developements-broomspring-close-s37xa-claim-dismissed/   https://www.consumeractiongroup.co.uk/topic/429200-excel-pcn-claimform-broomhill-roof-car-park-in-sheffield-claim-dismissed/   https://www.consumeractiongroup.co.uk/topic/419312-vcs-pcn-claimform-no-stopping-in-restricted-zone-bristol-airport-claim-dismissed/    
    • I don't understand why Leave.eu would want to leave and then stay in Europe anyway. I'm sure you don't either, TJ.    
    • Because we've seen the PPCs' antics a thousand times.  They always refuse appeals.  On every occasion they send out the same standard "threatening" letters.  In each case they then involve a third party to pretend the matter has somehow got more serious and the sum owed has increased.  It's got nothing to do with "sticking by their guns", it's what they always do, whether their case is good or if it's pants.   What do you think an unbiased judge would decide when you prove there was no sign at the entrance, just one in the car park at the height of the stratosphere, that the cafè owners had to stick up their own signs to protect their customers, that ages after your visit PCMUK finally installed decent signage, etc., etc? 
    • Thank you Andy    The Court have not confirmed solicitors so we shall proceed as agreed with the DQ by 25 January 2021.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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DEL/Gladstones PCN Claimform - Lord Mayors Drive Car Park, Burnham Beeches, Slough SL2 3PS


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Hello all.

 

Claimant:District Enforcement Limited

 

Solicitors :Gladstones Solicitors received

 

Date of issue – 18 JUL 2018

 

Date to submit defence = 17th August 2018

 

What is the claim for – the reason they have issued the claim?

 

1.The driver of the vehicle registration (The Vehicle) incurred the parking chargelink3.gif(s) on 11/03/2018 for breaching the terms of parking on the land at Lord Mayors Drive.

2.The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle.

AND THE CLAIMANTS CLAIMS

£130 for Parking Charges/Damages and indemnity costs if applicable,

together with interest of £1.68 pursuant to s69 of County Courts Act 1984 at 8% pa,

continuing to Judgment at £0.03 per day."

-

What is the value of the claim? £132.68

Edited by Andyorch
Irrelevant points removed
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Hello and welcome to CAG. People should be along later with advice for you, please bear with us until they can get here. :)

 

 

Thank you for the information. Could you tell us which car park and where it is please? A postcode is always useful.

 

 

Have you acknowledged the claim on MCOL?

 

 

HB

Illegitimi non carborundum

 

 

 

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Where does any of the paperwork say FINE please?

 

We also need the particular s of claim box typed out verbatim exactly as it is on the claimform minus your car details ofcourse..dont ID yourself!

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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Hi John, welcome to the Forum.

 

With your help we will do our best to send those crooks running away with their tails between their legs.

 

They are not famous for taking people to Court unless they think they have a good chance of winning.

 

We hope we can disabuse them of such thoughts.

 

You haven't that much time so could you please complete the following

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

and also post up the Notice to Driver and the Notice to Keeper.

 

I hope that you are close to where the alleged incident happened as we [and you] will need them to assist in your case.

 

Parking company's signs frequently contradict each other which is good for the motorist and they are often not in the positions that they aver in their Witness Statement which is also good for you.

 

If there is a payment machine it may well have different requirements to the notices which is good for you too so please take photos of that as well.

 

Could you also please check with the Council to see if DEL have applied for planning permission under the Town and Country Act [ Advertising] -if they haven't their notices are illegal as opposed to unlawful.

 

You will need to send their tame monkeys Gladstones the following letter

-if they don't respond and they often cannot be bothered, it helps you win your case yet again.

 

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)(1-Viewing)-nbsp

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Thank you for your prompt reply!

 

The car was parked at Lord Mayors Drive Car Park, Burnham Beeches, Slough. Approx post code is SL2 3PS

 

The claim has NOT been acknowledged on MCOL

 

Thanks again!

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Where does any of the paperwork say FINE please?

 

We also need the particular s of claim box typed out verbatim exactly as it is on the claimform minus your car details ofcourse..dont ID yourself!

 

 

Thank you for your reply dx100uk!

 

The Claim Form does not refer to the word "Fine" anywhere, only "Parking Charge"

 

*** Particulars of Claim in exact words***

 

"The driver of the vehicle registration (The Vehicle) incurred the parking charge(s) on 11/03/2018 for breaching the terms of parking on the land at Lord Mayors Drive. The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle. AND THE CLAIMANTS CLAIMS £130 for Parking Charges/Damages and indemnity costs if applicable, together with interest of £1.68 pursuant to s69 of County Courts Act 1984 at 8% pa, continuing to Judgment at £0.03 per day."

 

Thanks again!

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claimant is not gladstones

who is the claimant please

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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Thank you for your reply Lookinforinfo!

 

I would love to see them running away with their tails between their legs!

 

Of all the unlawful "penalties" I have received, this is the only one where I have ever received a Claim Form for.

 

Please see info below as requested:

 

For a windscreen ticket (Notice To Driver) please answer the following questions....

 

1 The date of infringement? 11/03/18

 

2 Have you yet appealed to the parking company yet? [N]

 

If you haven't appealed yet - ,.........

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]

what date is on it

Did the NTK provide photographic evidence? Not that we can recall.

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) Uncertain

 

5 Who is the parking company? Direct Enforcement Limited

 

6. where exactly [Carpark name and town] did you park? Lord Mayors Drive Car Park, Burnham Beeches, Slough. Approx post code is SL2 3PS

 

I will look into the Planning Permission under the Town and County Act and let you know ASAP. In the meantime, should I hold fire on sending the CPR 31.14 Request letter until I can confirm the planning permission has or has not been given?

 

 

Thanks again!

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got it now don't worry

post 1 was a mess ive tidied it...

defence filing date is by 4pm 17th Aug

post 1 adapted

 

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 31:14 request running to the solicitors TODAY

.

type your name ONLY

 

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.

 

this is the CPR 31:14 you need to send:

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)

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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Share on other sites

above post updated now

read it again

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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Share on other sites

are you saying this was a windscreen ticket?

have you got it?

 

did you receive any other letters before the claimform?

or have you moved since the tickets date?

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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Share on other sites

post 11 please

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... 

Link to post
Share on other sites

 

 

I will look into the Planning Permission under the Town and County Act and let you know ASAP. In the meantime, should I hold fire on sending the CPR 31.14 Request letter until I can confirm the planning permission has or has not been given?

 

!

No don't wait

-they tend not to answer anyway [they don't need to comply with any Laws-they are lawyers to the Gods!]

but the longer you give them,

gives them no chance to tell the Judge that they received the questions too late.

 

reason they don't provide the answers is partly because they are too lazy,

partly because DEL will not have all the items you requested

and partly because Gladstones get paid by DEL whether you win or lose.

IT is that kind of attitude that weighs the scales in your favour.

 

By the way

you didn't say the date of the NTK and the date you received it though it sounds as if you haven't kept it.

This would be a pity as it is often on the NTK and the NTD that they lose their case.

 

They haven't helped themselves by not deciding if they should sue you as the driver or the keeper-they cannot sue you as both.

For example if they didn't mention POFA on their NTK they cannot sue you as keeper and as they do not know the name and address of the driver they cannot sue him or her either.

 

Just note that whenever corresponding with DEL or Gladrags be careful if you were the driver not to reveal it by saying things like "I parked or I left".

Instead say the driver parked or the driver left.

Edited by dx100uk
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Tell us about the event itself,

when was your car parked there,

did they slap a ticket on the car

or send one through the post with some pictures

and the DATES of any correspondence you received

and whether you still have that.

If you do then we would like to read it.

 

Also,

is the place of the event near to you?

If so we would like to see the signage that offers a contract for parking

and equally importantly we want to see the entrance to the private land from the public highway.

 

This is because if there is no signage at the entrance then the parking co cant honestly say that you can be expected to have seen it

and considered the wording

and accepted the terms if there isnt a sign to read before you park.

 

If you consider the actual claim,

that is so brief and lacking in any detail

it isnt a proper description of a claim as required by the protocols of the courts procedures.

This itself is somehting to mention.

 

They say you are the keeper/driver but they only have a contract with one of those, not both and they cant assume that they are one and the same.

 

Also they say it is for breach of contract so their signage must match that in its content.

The alternative is they offered to a contract for a consideration and that is different to what they are claiming so lets see the signs please.

( we think that the sigange will be defective by saying something like "authorised vehicles only " and that aint an offer for the public to park)

Edited by dx100uk
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