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    • Hello BankFodder. Firstly thanks for your help with this. I do appreciate your candid response. Sorry my post was so long-winded. I am working on a 1050 character precis for the claim form! I only uploaded 2 pdfs in the end. One being the email of rejection. I will use this to send a letter and include 'after which I will sue without further notice' text.   Can I keep using the vehicle after issuing the rejection? I don't want drive it to but would need to limp it to a garage to get assessments and quotes. I would have to borrow the money to get it trailered.   I am 100% seeing this through. I cannot lose this much money. I want to get all the paperwork ready immediately so it can be issued on day 15. I will post the particulars of claim here for checking. Thanks again.
    • I've just seen your new post. A letter before action is the same as a letter of claim. You don't need a template. You simply need to inform the garage that the vehicle you bought has developed X defect, Y defect, Z defect. He has already been informed of them and given an opportunity to repair and he has either refused the chance to repair or else he has attempted the repair and it has failed – whichever is the case and so under the consumer rights act you are asserting your right to reject the vehicle and you want him to make the appropriate arrangements to collect the vehicle and to refund you the purchase price – plus any associated losses – and if he does not do so within 14 days then you will sue him in the County Court and without any further notice. Don't make this threat if you're not serious about going ahead with it. On day 15 issue the papers. In the intervening 14 days register with money claim and start preparing your particulars of claim. You can post them here if you want us to check them. Whatever you do, on day 15 you send them the good news
    • Well done Shelley. I'll amend your thread title.   HB
    • I'm afraid that your story is rather overlong. It would have been easier to understand it all if there had been less of a narrative and more of a bullet pointed chronology of facts. Although you informed the dealer within 30 days that there was a problem, the Consumer Rights Act requires that there be a clear and unambiguous assertion of your short-term right to reject the vehicle. It doesn't appear to me that you have done this. This isn't a problem at all because you are still well within six months. I understand that you have given them an opportunity to repair and that you have now rejected the vehicle. This is enough to trigger your rights under the Consumer Rights Act as long as the defects which you are complaining about are sufficient to render the vehicle as less than satisfactory quality. As I say, I haven't read through the detail of your story and I certainly haven't looked at all of the PDFs that you have apparently uploaded but I get the impression that you have been quite meticulous in keeping records. I've looked at the Google reviews of Elite and I have to say it doesn't bode very well. https://www.google.com/search?q=Elite+Preowned+Vehicles&rlz=1C1CHBF_en-GBGB822GB822&oq=Elite+Preowned+Vehicles&aqs=chrome..69i57j0l2j69i60j69i61l2.575j0j7&sourceid=chrome&ie=UTF-8#lrd=0x47d8aa4f43f644d7:0x8e93221101489523,1,,,  There is no trust pilot page for them as yet. Maybe you would like to attend to that. You say that the dealer is fond of using social media so that kind of thing is important. Site team member@dx100uk has already suggested that you issue a letter of claim and that certainly seems the way to go although if you are driven to actually mount a claim and presented in court that I hope you won't mind me suggesting that you need to stop being a little bit more economical about the way you present your case. Just in case there is any debate over the defects which have been discovered and their significance then if you haven't done this already, you should make sure that you have got assessments and even quotations for the work from independent garages.
    • Hello dx100uk. Thanks for your attention and help with this. You had an even later night than me! I clicked on the 'letter before action' link which you kindly gave me. This took me to BankFodder's post 'Small Claims actions in the County Court FAQ - work in progress' which I have read through and also the 'Pre-Action Protocol' and 'Letter of Claim' links. I couldn't find reference to a Letter Before Action or is this the same as a Letter Of Claim? Also, my rejection letter already mentioned a 14 day period (taking us to 05/08/2019) for him to get back to me. Is it ok to send a Letter Before Action now? I only ask as I wouldn't want this to be viewed dimly by the court if it goes that far. I do understand that I need to take action as soon as possible so these are just a few clarification questions. I shall google for some Letter Before Action Templates and put something together. Thanks again.
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Karmakat

EPC/Gladstones claimform - Maghull Centre, merseyside

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I have received a claim form for a request to go to small claims court for a parking violation (parking outside a marked by) on private land.

They are pursuing myself as the keeper.

There are 3 drivers to my vehicle.

 

I have followed your threads and posts so far and have logged on to MCOL sent my acknowledgement of service.

Submitted your basic on line defence,

and issued 31.14 to Gladstones and Claimant Euro Parking.

 

1 The claimant and the Solicitor acting for the claimant have failed to respond to the CPR 31.14 sent to them requesting any paperwork supporting their claim or show locus standi by way of an assignment by the landowner to them to enter into contracts and to make civil claims in their own name.

 

2 It is denied that any 'parking charges’ are owed and any debt is denied in its entirety because no keeper liability so no cause for action against the defendant.

 

 3 It is denied that the Defendant parked in Maghull Centre at the times mentioned in the Particulars OR the Defendant is unable to admit or deny the precise times he was parked in Maghull Centre as he has no recollection of this. The Claimant is put to strict proof of the same.

 

4 I dispute in its entirety that the driver has agreed to pay the PCN or has had any contact with the claimant.

The Claimant is put to strict proof of the same.

 

5. No enforceable contract offered at the time by claimant so no cause for action can have arisen. 

 

I have now received a Directions questionnaire requesting no mediation and for the matter to be dealt with by papers.from Gladstones. Should I respond to them or await simliar form to be posted from the court.

Many thanks

Bob

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point 2- no liability created under the POFA

3 do not play grandmothers footsteps with this, you state that you werent the driver at the time and leave it at that if that is the case. the judge will read your version as incredible as evidence and may well weight the rest of your arguments based on your diinclination to remember key events

 

if you ahve already submitted this to court them you will be grilled on this point and may well lose.

Now, yu do not respond to Gladdys, you wait for the court to send you the directiosn questionnaire and you say no to mediation and then add that you wnat the matter heard at your local county xcourt as you intend to cross examine their witness (if you feel like saying anything in the relevant box)

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Thank you for the post.

Unfortunately I have already submitted this defence on-line to the court.

Going forward I will post you before I submit anything else.

I will await the directions questionnaire from court, and complete accordingly.

Is there anything else I should or should not do in the meantime.

 

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Read plenty of similar threads here to familiarize yourself with the system.


My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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yes, you gather your evidence so pictures of where your car was parked, pictures of the signage there and a scan of their screen ticket and/or NTK with your personal details redacted. You will need these at the hearing and as the place is notorious for its poor signage ( large areas where no sign is visible, incoherent rubric etc) so read up on other cases from there here and in the Parking Pranksters blogspot.

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Hi Eric's brother.

I'm enclosing some paperwork, and have completed the details you requested.

I cant see anywhere on their letter that states its a fine.

 

Name of the Claimant Euro Parking Services

claimants Solicitors: Gladstones solicitors 

Court Claim Form Date of issue 8/4/2019 

Please type out their particulars of claim

 

The driver of the vehicle with the registration xxx (The vehicle) parked in breach of the terms of the parking stipulated on the sign-age (the contract) at Maghull Centre, on the 4/8/18 thus incurring the parking charge (the PCN)

 

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

 

The claimant claims the unpaid PCN from the defendant as the driver/keeper of the vehicle.

 

Despite demands being made, the defendant has failed to settle their outstanding liability.

 

THE CLAIMANT CLAIMS 

£100 for the PCN

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

together with statutory interest of £5.69 pursuant to s69 of the County Courts Act 1984 at 8% per Annum continuing at  £0.04 a day

 

What is the value of the claim? £240.69

 

The claim was issued through the post by Euro Parking Services

, Gladstones have now taken over recovery of costs and legal action.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I received a LBC letter from Gladsontes nothing else.

 

Many thanks for your help and tips. 

 

 

 

 

 

 

 

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our point about askinmh where it mentions fine is because we know that it isnt and are trying to gte you to read things carefully and report them exactly rather than just saying things that arent true but are understood by many to be the same when they arent.

 

now as they have refused to send a copy of their contract and the planning permission you can say that you do not belive they have the authority as they refuse to provide sight of the same and thus they have no locus standi and cause for action in this matter. Because you jumped the gun with your outline defence you are going to have to shoehorn this in later rather than making it a stand alone point that would at least get the judge demanding to see their authority before they utter a word.

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the whole point of asking to see these was to determine if they had got their dates right and you have hidden the date and times of the event in the NTK

 

however, the wording of the NTK doesnt create ANY liabilty to pay them let alone a keeper liability so tell us the time and date and we can then help you with the wording for your outline defence that will include a rubbishing of gladstones scribble  that may well have cost them any chance of success before the starting gun has even been fired.

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Hi Eric's brother,

Sorry I didn't realise that would be a factor. The photographs are all marked at 10.23 the NTK from Euro Parking states date of  issue was on the 4/8/18 at 10.25.

The final reminder from Euro Parking states date of issue was at 27/9/18 10.18..

You are brilliant didn't even spot that.

(I'm doing paper leg work for my husband who is the car keeper,  he is in his seventies and the computer etc is beyond him, he'd happily have just put his head in the sand and thrown paperwork in the bin)

Another private parking co in Maghull that has been issuing tickets like confetti has had all its signs taken down ...Coach and horses pub car park . Due to complaints from residents and customers.

Sites like yours show the little person that they can take Goliath on.

 

 

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ericsbrother was asking for the time and date of the event, as shown on the NTK, not the date that it was issued. 


My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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yep, date of the event and date you received the NTK ( assume 2 days after issue unless you can show or remember otherwise. Mrs EB got an NTK dated the 29th Apr that has the postmark 3 may so actually sent outside of the prescribed period, they just tell lies to make it appear they are inside the law

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Always handy to keep envelopes that contain stuff like NTK, as the postmark can be compelling evidence.


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Hi Erics brother. Im not sure when the event happened. I assume it was on the 4/8/18 as that was the date on the photographs, I am sending NTK again with dates showing the event as the 4/8/18 and the date of issue/sending as the 27/9/18.

I haven't kept envelopes and only had a letter before claim from Gladstones in my file, before the claim form. so I dont know what date the NTK was received. or if it was sent.

Many thanks.

NTK with dates.pdf

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did they slap a ticket on the car because you havent mentioned this but they refer to the date of issue.

 

you should also speak to the site manager at the Maghull centre to see what CCTV they have so you can determine whether any activity around your vehicle can be seen. As this was a year ago the chances of them keeping anything is very slim but worth asking. You could possibly state that  there is no evidence that the EPS operative did place a NTD on the vehicle and let them show you what they have (often the "disappearing ticket" is photographed and them removed to avoid giving you tiem to appeal within the discount period)

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Nothing was put on the car, and It is not on the photographs they submitted.  I will see the site manager with regards to the CCTV.

Just to clarify. If the Event happened on the 4/8/18 and they issued the NTK as dated on the 27/9/18 is that after the 14 day deadline. Or is this a different time frame.

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IF they slapped a ticket on the car at the time then they have to isue the NTK between 29 and 56 days after the date of the event.

The wording of the nTK makes it seem like they are referring to the non payemtn of a NTD( car ticket) so we ned to be clear

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I have tried to track down a site manger but it appears the site has been sold again - London and Cambridge properties. 

I have spoken to a local councillor Tony Robertson, he advised that the council are responsible for the CCTV cameras, and to contact the council switchboard. I have rang the switchboard and  spoke to a general operator who advised me to write in requesting the information. I will advise when I receive a reply.

Of the three people that drive the car, there are two main drivers no-one has seen a ticket put on the car at any time.

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then that will be part of your defence, no ticket on vehicle and the NTK was issued too late to cretae a keeper liability.

In the meanwhile you check with the DVLA whe your detailes were accessed, by whom and for what stated reason

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Hi Karmakat...check out my thread...i parked behind the HSBC bank in oct 2016 and got a ticket for not displaying a permit....read the whole of my thread...i took the parking company to court after they discontinued at the last minute and won costs for loss of earnings...take all the advice you can get from the members on this site especially ericsbrother...good luck.

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here

 

thanks ste


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Hi erics brother, thank you for the defence feedback re the no ticket and the NTK being issued too late.

Thank you too Ste 2562. I will read through thread tonight.

My Husbands away at the moment so I will ask him to contact DVLA when he comes home.

I have received the directions questionnaire from the court. So before I post.

I am saying no to mediation, and that I want it it heard at my local county court, as I want to cross examine their witness ?

I then send a copy to Gladstones? and Euro Parking

 

 

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write to DVLA as if you were your hubby.

N180

3 copies

no to mediation

1 wit him

 

1 to court

copy to gladdy's minus email /sig/phone

1 for his file


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thank you I will do that.

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