GXS/gladstones Windscreen PCN claimform - shoreham port basin rd southwick HN41 1WF ***Claim Discontinued***

[Mrs O'Frog]

Also, if you send an SAR, that's only info they hold about you, not GXS, the landowner or the planning department, so it wouldn't uncover the info either.

 

One wonders why they wouldn't just send you a copy of the agreements/permission if they would prove their legitimacy to operate....... it's almost as if they don't have them........ no, wait.......

You tell the judge you have asked for proof, they have refused/failed to provide it = they do not have it.

[billybobyeeharrboy]

Hi MrsFrog....cool name thanks for your response....very kind regards....just need to submit my defence now.

I am currently doing alot of reading on sites the newbies thread and I can see the POPLA appeals that apply to me like the NTK arriving outside of the 56 days but does this apply as a defence in court?

For example as the NTK arrived outside of the 56 days there can be no keeper liability ...but does this apply at the court stage?

[dx100uk]

better to stick to parking prankster and this site.....

[billybobyeeharrboy]

Oh gosh I havent even been on parking prankster yet....

think I am about to pasd out from information over load....

will go have a peek now.

Thanks DX100uk!

 

Its just that some people on pepipoo have exactly the same scenario but the threads are not that active!!

[dx100uk]

ive removed a short sentence from your post 2 back.

you'll see why.

 

anyone can driver you car if they have 3rd party themselves that covers them to drive any car.

 

 

 

[billybobyeeharrboy]

Hi there this is the signage that was taken by a fellow pepipoo member only a couple of weeks ago and I dont think.is the same signage as it would have been in april 2018.

 

Regards BB

 

[dx100uk]

please don't post images directly to a post 

use PDF

read upload

[billybobyeeharrboy]

So can someone help me with my defence, to get the ball rolling....starting to get a bit worried now...only a week left to submit.

 

 

Do I put in my defence that I will be claiming my airflight back home and is the claimant likely even going to bothet reading my claim. 

 

Thanks in advance

[dx100uk]

due by 4pm friday

will be the std 2 or 3 line defence in about every PCN claimform thread already here

pop it up here 1st

don't file early

[billybobyeeharrboy]

Thanks for the vote of confidence dx....byt there is nothing there in the link there as to actually constructing a defence.

 

 

[dx100uk]

I didn't post a link

 

YOU need to read other PCN claimform threads in this forum.

 

use the custom google search after hitting our top left logo

 

dx

[billybobyeeharrboy]

Hi Dx 

I dont mean to sound like a broken record but if the defence is a simple 2 to 3 lines would you be so kind just to tell me what those lines are.

Im reading tons of example defences here which are paragraphs and paragraphs online and you're saying is just a simple two to three lines.

..therefore would you explicitly state what that is, seeing as you already know the particulars of this case ie the ntk arriving outside of the allotted 56 days etc....im getting more and more confused by the hour

[dx100uk]

no because you must understand why you are filing what you are filing as a defence

 

have you found the custom google search bar box after clicking our top left squares logo?

 

 

 

[billybobyeeharrboy]

The Notice to Keeper is non-compliant and unenforceable
The Notice to Keeper failed to meet the obligations of IPC’s Code of Practice and Schedule 4 of the POFA Act 2012.

The IPC Code of Practice reads:
“3.1 (q) [The notice to Keeper (Non-ANPR cases) must] be given to the Keeper so that it is served upon between day 29 and day 57 after the day that the Notice to Driver is given (which is counted as day 1).”

The Notice to Keeper states that the contravention date was 21/04/2018 and the issue date of the Notice to Keeper was 26/06/2018, i.e. more than 57 days after the contravention date and therefore a breach of the Code.

The IPC Code of Practice states that if an IPC member breaches the Code of Practice they are “liable to our disciplinary procedures as set out in schedule 2.”

You will be aware that a late NTK renders a charge unrecoverable against a keeper so I cannot be pursued for payment.

[dx100uk]

so how does the above

note, accept or deny each claim statement in their POC?

 

1.The driver of the vehicle with registration xxxx xxx ('the vehicle') parked in breach of the terms of parking stipulated on the signage ('the contract') at Basin Road Southwick BN41 1WR on 21/04/2018 thus incurring the parking charge ('the PCN').

 

2.The driver of the vehicle agreed to pay the PCN within 28 days off issue yet failed to do so.

3.The claimant claims the unpaid PCN and from the defendant as the driver / Keeper of the vehicle.

 

4.Despite demands being made if the defendant has failed to settle that outstanding liability.

 

5.THE CLAIMANT CLAIMS £100 for the PCN.

£60 contractual costs pursuant to the contract and PCN and terms and conditions,

together with statutory interest of £13.58 pursuant to S69 of the County Courts Act 1984 at 8% per annum continu8ng at £0.04 per day.

 

please note ...I am not being obstructive to YOU..1000's of people read each thread here every week..its to teach later readers..

 

so I cant see any of those points above in either version of our 2 or 3 line defence which I pointed you to find on cag using the custom google search..typing in..

 

pcn claimform.

 

 

 

 

[billybobyeeharrboy]

As the ex registered keeper of vehicle xxx and not the driver this is denied.

No contact has been formed as signage is insufficient to create an agreement.

The contract has not been agreed to by myself as the registered keeper. 

The contract between GXS and the Landowner which gives GXS the right to enter in to contracts with the public has been requested and has failed to be supplied.

Quote

 

2.The driver of the vehicle agreed to pay the PCN within 28 days off issue yet failed to do so.

This is denied.

The driver of the vehicle did not agree to pay the PCN as it was never seen and furthermore GXS state in their NTK that the driver has 21 days to appeal the PCN further contradicting themselves as in law 28 days are given.

Quote

3.The claimant claims the unpaid PCN and from the defendant as the driver / Keeper of the vehicle.

This is denied. 

The claimant GLADSTONES acting on behalf of their client GXS are not the creditor so have no legal standing to make a claim.

Furthermore keeper liability can never arise under POFA 2012 as the NTK was received 66 days after the alleged breach was made, outside of the limited time of 56 days allowed by POFA 2012.

Quote

 

4.Despite demands being made if the defendant has failed to settle that outstanding liability.

*The defendent* (ie the named driver) cannot be identified and registered keeper is not liable under POFA 2012 as previously mentioned in point 3.

Quote

5.THE CLAIMANT CLAIMS £100 for the PCN.

£60 contractual costs pursuant to the contract and PCN and terms and conditions,

together with statutory interest of £13.58 pursuant to S69 of the County Courts Act 1984 at 8% per annum continu8ng at £0.04 per day.

The claimant GLADSTONES are not the creditor (GXS)  and have no legal standing to claim the PCN plus extortionate costs. 

This claim is has no legal standing and the case is requested to be dismissed under CPR 3.4

Sincerely 

Xxx

Ex registered keeper vehicle reg xxx

 

[dx100uk]

ok great now you are getting there..

1.dont give a reason wny its denied, let them work it out. 
how do you know the signage is insufficent?

2. forget that. there is no 28 days in law.

3. ditch the 1st line gladstones are not the claimant neither did they issue the claim.

4. not needed

5. same as 3.

[ericsbrother]

as an aside you use the new signage images later on to show that their original signs were either inadequate (or they wouldnt replace them) or that if they use the same as the image you have they are miseading the court with their fake evidence.

 

a couple of other things,

the postcode you have put in your header is wrong so watch out for typos in your defence and

 

secondly as it is a port have you thought about the land being subject to its own byelaws so not "relevant land" and therefore only the byelaws ( and their fines if applicable( can apply, not some shoddy demand from a nobody?

 

A google search give you the byelaws but the link is broken so you need to dig deeper.

but as a belt and braces I would suggest that you deny any contract as the land isnt "relevant land" under the POFA and is covered by its own byelaws so no lawful contract can be offered by the claimant and no liability created for breach of the same.

 

[billybobyeeharrboy]

1.

As the ex registered keeper of vehicle xxx xxx and not the driver, the breach of terms is denied. No contact has been formed.

The contract has not been agreed to by myself as the registerd keeper. 

The contract between GXS and the Landowner which gives GXS the right to enter into.contracts with the public has been requested and has failed to be supplied.

 

2.

It is denied that the driver of the vehicle xxxx xxx agreed to pay the PCN as the PCN was never seen and furthermore the registered keeper denies agreeing to pay the PCN.

 

3. 

The claimants claim to the unpaid PCN is without grounds as keeper liability can never arise under POFA 2012 as the NTK was received 66 days after the alleged breach was made, outside of the limited time of 56 days allowed by POFA 2012.

 

4.

no comment

 

5.

The claimants claim to the unpaid PCN is without grounds as keeper liability can never arise under POFA 2012 as the NTK was received 66 days after the alleged breach was made, outside of the limited time of 56 days allowed by POFA 2012.

 

This claim is has no legal standing and the case is requested to be dismissed under CPR 3.4

 

Quick question once my defence is sunmitted will gladstone/gxs be privy to my defence...ie will they have access will it be sent to them.

 

Thus should I include as a conclusion that I am away on holiday and as this claim has no legal standing and therefore vexacious I will be claiming my travel expenses should I have to return to attend court.

 

K regards

[dx100uk]

eb answered the holiday bit earlier..thats for later

 

don't forget what eb said in about mentioning the byelaws

[ericsbrother]

you have to send a copy of your defence to them.

You should also make it clear that you are in Peru and will be claiming 4 grand travel expenses

[billybobyeeharrboy]

4 grand travel expenses?

Lol

Your defence was submitted on 13/07/2019 at 18:06:36

So how do I go about sending a copy of my defence to GXS/ gladrags

[dx100uk]

you don't have too

MCOL does that for you.

 

assuming you filed by mcol?

what was your defence please

exactly what you filed..

[billybobyeeharrboy]

Hi there yes filed by MCOL will post up verbatim in the next hour...

 

Further more I have received a copy of Gladstones completed Directions Questionnaire

[dx100uk]

well until you get yours from the court 

we don't need that

though I bet they are asking for a paperwork only hearing?