ECP/Gladstones PCN claimform - operator Photos - Chamberlain Buildings,

[dx100uk]

just the usual 2 or 3 lines one we always use roland.

[roland60]

I have taken the points below from Ericsbrother's earlier post to use in my defence, would this be sufficient.

• You have failed to produce a contract with the landowner that assigns you the right to enter into contracts with the public and to make civil claims in your own name so I do not believe you have " locus standi" in this matter.
• I further believe that you have failed to get consent for the signage under the Town and Country Planning Act 2007  and thus the signs offering terms are there illegally.
• Therefore it is not possible to enter into a criminal compact so there was no contract between the claimant and the defendant.

[dx100uk]

The claimant

[ericsbrother]

On 04/04/2019 at 17:22, roland60 said:

Thank you ericsbrother for getting back to me, interesting to know that they have no contact with the landowner.... I haven't filed the defence yet which is due next week and i do need some guidance in putting one together, would appreciate it, thanks.

 

 

I didnt say they had no contract, I said they havent produced one so you can say you do not belive they have one  as a statement of truth. There is a big difference

You must read what is there carefully and not read into it things that arent there. with your version you will  be screwed if they produce one at the last moment, with ours they will be forced to produce one or fall at the first hurdle (locus standi - right to make a claim)

[roland60]

I will be submitting my defence today as its due this week, please check if it 's good to go. Thanks

• The claimant have failed to produce a contract with the landowner that assigns you the right to enter into contracts with the public and to make civil claims in your own name so I do not believe you have " locus standi" in this matter.
• I further believe that you have failed to get consent for the signage under the Town and Country Planning Act 2007  and thus the signs offering terms are there illegally.
• Therefore it is not possible to enter into a criminal compact so there was no contract between the claimant and the defendant.

 

[shamrocker]

Hang fire and wait for ericsbrother and co to offer advice. You need to expand a little on that, and also don't use "you" - use "the claimant" or "they".

 

Also, what about the capacity in which they're pursuing you - driver or keeper? Has the driver actually entered into a contract with them....i.e. no period of parking? Have they created keeper liability by complying with POFA? These are possible lines of defence that you need to ensure are available to you further into the process.

[roland60]

Ok thanks Shamrocker I will hold fire on the defence.

[ericsbrother]

yes, make sure that you use the third person so not you or I but claimant and defendant.

 

also dont join each point by saying therefoe, let them stand alone and number them 1,2 and 3

 

so

 

1. the claimant has failed...... so the defendant does not belive they have locus standi in this matter.

 

2. the defendant believes that no planning consent was obtained for the sigange  as required under the Town and Country Planning Act 2007. this means the signage is there illegally and it is not possible to enter into a criminal compact.

 

3. In any case there was no contract between the claimant and the defendant so no cause for action.

 

this last point allows you to chuck in anything else you want to if it gets as far as a hearing including questioning in what capacity they are chasing you.

 

you could make this another point but I would wait until you get the allocation letter and then return that with a letters saying that they havent followed the Civil procedure rules regarding showing a proper cause for action and ask for the claim to be chucked out for being rubbish.

 

You may get lucky but what normally happens is they are asked to rewite it or they get questioned about it by the judge on the day before you get a chance to say anything.

 

As they are using a lwayer there is no excuse for shoody paperwork but they get away with it a lot of the time because it doesnt get challenged

[roland60]

Thanks Ericsbrother I will make the adjustments and submit the defence.

[roland60]

If you could please check the defence before I submit it today, thanks

 

1.    The claimant has failed to produce a contract with the landowner that assigns them the right to enter into contracts with the public and to make civil claims in their own name,  so the defendant does not believe they have locus standi in this matter.

 

2.     The defendant believes that no planning consent was obtained for the signage as required under the Town and Country Planning Act 2007, this means the signage is there illegally and it is not possible to enter into a criminal compact.

 

3.     In any case there was no contract between the claimant and the defendant so no cause for action.

[ericsbrother]

Yep, short but covers all the points.

[FTMDave]

In point 2 change "compact" to "contract".

[Mrs O'Frog]

Compact is fine too and tends to be preferred in this context.

 https://legal-dictionary.thefreedictionary.com/compact

(I know that's an American site, but it came up first and it's too late for me to filter )

Better - https://en.oxforddictionaries.com/definition/compact#h70028605475880

Edited April 11, 2019 by Mrs O'Frog

[FTMDave]

Never knew that.  And I'm an English teacher!!!  I thought it was a typo.  Cheers Mrs O'Frog 

[ericsbrother]

it is compact, the law lords decision on this uses that word

[FTMDave]

Sorry EB, my bad.

[roland60]

Please see attached letter from Gladstones.

[dx100uk]

in just about every Gladstone claimform thread here already roland 

[brassnecked]

Yes the typical, oh damn there is a robust defence that will give us problems if the defendant wants their day in court, so we will try to get it "On The Papers" best to ignore Gladdys and insist on a proper hearing,

[ericsbrother]

see any other post in this regard,

 

they are right that they need to do it to save their clients money becuse they haven't been honest about the costs of prosecuting the claim and the business model relies on you wetting yourself and paying up, not fighting them in court.

 

they will cause their clients to lose £75 whether they win or lose the claim because they do this on a contingency fee basis and don't attend themselves but have to pay a local solicitor to turn up at a moments notice and they have allowed only £50 for their services and this attendance in their claimed costs.

 

so you ignore them and tell the courts that you need an oral hearing so you can cross examine their witnesses.

[roland60]

i'm trying to attach a PDF file 

Notice of Proposed Allocation .pdf

[ericsbrother]

so if they send in a letter to court asking for it to be heard on the papers you object, other than that it will go to your local court for a time to be set for a hearing.

This is when the muppets usually give up as they know they have been rumbled. It is also common for them to wait until they see your defence before chucking the towel in  but if the discontinue after that date you can go after them for  a costs order for wasting your time by their unreasonable behaviour under CPR 27.14.2(g). We will help you out with that letter nearer the time, you use the same if they turn up anyway as the claim is pants ( written badly) and they know it has no real prospect of success

[roland60]

Hi All

 

The claimant were given time to pay court trial fee of £25 or file a properly completed application, which they just paid before the deadline. Now the hearing will take place on 23rd August.

My dilemma is I have had an accident at work that shattered the bone in my toe, which I have to keep elevated and can't put any weight on for 4-6 weeks.

Is it possible for my brother to attend on my behalf and what are the chances of them turning up?

 

Roland

 

[FTMDave]

I'm no expert, but I don't think that anyone else can represent you.

 

Best to write to the court with medical proof & ask for an ajournment.   

 

But await the experts in the morning. 

 

 

[ericsbrother]

you can pay for a solicitor to attend but if you gEt a lay rep YOU have to be there. 23rd aug is miles away and TBH a broken toe isnt that bad, i have bust mine a couple of times and4 weeks to let it heal is plenty of time.

 

Now set about writing your witness statement and gathering all of your evidence together including pictures, copies of other relevent cases, evidence of lack of planning for ther signs and equipment etc.

 

When you do your WS the first thing you do is rubbish the details of their POC saying that it conflates the driver/keeper to being the same when they arent and deny being the driver at the time if applicable and then point out that they ahvent stuck to the POFA so no keeper liability so why are they suing you and also lay into their charges as the POFA only allows them to demand the amount on the NTK form the keeper and not a penny more. the request that the claim be booted out under CPR 16.2.

 

after you have completed the WS and evidnec bundle you write a short letter asking for a full costs recovery order for the unreasonable conduct of the claimant under CPR 27.13.2(g) and include 5 hours research time @£19.50/hr plus stationery, travel, loss of income etc. Itemise every penny