LPS/Gladstones Windscreen claimform - walked off site - Regent retail park, Loughborough, LE11 5PF

[ceeferace]

Thank you 

 

I am the registered keeper of vehicle

Xxxxx and deny liability for the entirety of the claim.

The particulars of the Claim disclose no cause of action on the following grounds:

 

1.    It is denied that the driver of vehicle XXXXXX parked in breach of the terms of parking stipulated on the signage at Regents Retail Park on 16thSeptember 2018. 

 

2.    No contract was formed or agreed between the driver and Local Parking Security Limited. 

 

3.    This claim has no course of action against the defendant or anyone else. 

 

•  

 

[brassnecked]

Course of action, a clause is something in a contract.

[ericsbrother]

Unless you remember exactly what the signs said it is difficult to go with anything specific

 

My suggestion is:

 

1.The defendant denies being the driver at the time and as the claimant has failed to create a keeper liabilty by way of a proper  notice sent out under the POFA 2012  there is no cause for action against the defendant.

 

 2.  The notice to keeper is deficient in key phrases as required by the POFA 2012 so it fails to create ANY liability for the charge.

 

3. IN ANY CASE  there was no breach of contract as the parking terms offered free customer parking for a specified time and the claim is for monies due as the driver failed to display a purchased ticket when no ticket is required. This means thers is no cause for action against the driver or anyone else.

 

4 As the claim is entirely without merit the defendant asks that he receives a full costs recovery order under CPR 27.14.2(g) as the claimant knows or should know that it is vex

 

that will do for the moment.

 

BW may well drop the hot potato now but to make sure I would send a copy of your reply to both them and their client as well as court.

 

Dont use the PO Box address, look up their registered address via their companies house  registration

 

[ceeferace]

Thank you, I have uploaded photos of the signs.

It is a car park I have used frequently and has always had the same terms. 
 

I have found a picture of the actual ticket and sign on the day.

It does state the reason as not parking without displaying a valid ticket,

 

it looks like 'off-site' might be referring to the name of the car park?

Scanbot 12 Dec 2019 20.28.pdf

[dx100uk]

there's no proof you haven't been there for more than 2 hrs though...how weird

[ericsbrother]

well, if that is so then they have failed to identify the land as I have looked on google and streetview and can find no such place in Loughborough. that is all you need to know

 

if they are claiming that the driver went off site then 

(1) it is immaterial and (

2) they have failed to show evidence of this so cant claim now that they have incorrectly issued a ticket and court claim but want to correct it so they dont lose their money without an appearance.

 

The wording of the sigange is garbage anyway and so is that ticket if they want it to mean the driver breached the contract by going off site without paying.

 

Do not try to do their job for them, deal with what you have rather than trying to find reasons to justify their claim.

 

They arent honest or decent, their operative has issued a dud ticket but they still want paying because they have spent money collecting and processing your data without good reason and now wont drop it until you make them.

[ceeferace]

Thanks so much, I submitted the defence last night and have posted copies to the company and solicitor. 

 

Will keep you posted. 

[ericsbrother]

just put in your short defence and let them worry as they would be hoping that you will have wet yourself and paid up or just hid under a blanket and thus give them a default judgement.

 

You are going to make them pay and pay again for their folly so stick with it and until you have to exchange witness statements you let them waste their time and money.

 

Next you send BWL a letter

asking for sight of their client's contract with the landowners that allows them to enter into contacts with the public and to make civil claims in their own name.

you also ask for sight of the planning permission for their sigangae and equipment.

 

BWL will either ignore or respond that as it is small claims they dont have to but the track hasnt been allocated yet and if you are rich you might feel like going fask track and hire a barrister for £1k and bill them when you whip them.

 

In the real world you will use this to state in your WS that you dont believe they have the necessary permissions because they havent produced them in a CPR 31.14 request

[ceeferace]

I posted the CPR to the solicitor last week with a £1 postal order. They have responded today stating that they will not accept my offer of £1 for settlement!!!

They've not acknowledged that the CPR request and are saying that I offered a £1 settlement, which I didn't. 

[dx100uk]

Where doesnt any of our instructions say send £1 with a cpr?

[ceeferace]

I followed the same procedure as I have previously, has there been a change?

 

Do I need to send the CPR again?

[dx100uk]

There has never been a requirement for a fee with a cpr request

[ceeferace]

I must have misread in my haste, I have definitely sent postal orders for something previously.

 

Do I need to do anything now? 

[dx100uk]

consumer credit debt CCA request not CPR for a private parking claim

always best to read instructions posted in this thread rather than 'what I think I might have possibly done before'

don't slip back into your old habit of making simple schoolboy silly mistakes like you have before

else these sharks will avoid your harpoons.

 

did you file your defence on mcol website?

 

 

 

 

[ceeferace]

Yes, defence filed.

 

do I need to send another CPR? Now?

[dx100uk]

why?

[lookinforinfo]

You have sent the CPR request.

They have acknowledged receipt of it by mentioning your £1.

 

Ideally you do not want them to send the documents you asked for do you?

So why would you write and ask them again.

[ericsbrother]

the reasoning was put in my post #34, is that not clear as to why and what to expect?

Please read things carefully and stick to the absolutes rather than reading things quickly and deciding that you have the gist of things.

 

read a lot more threads on parking as well, not just those involving your mob but a couple of hundred so you can get a feeling for how things go

[ceeferace]

Hi

 

Should I have heard something by now?

Defence was due on 13th Dec, we have received confirmation that it has been sent to the claimant but nothing else.

I’m not sure how much the timelines are affected by Xmas.

 

[dx100uk]

now go read the letter from the court again...carefully!

 

dx

 

[ceeferace]

Its says 28 days and was dated 13th Dec, which would be today. 

[dx100uk]

but courts are running late following the holidays. they always do.

 

but anyway, nothing for you to do unless you receive your N180/N149A

 

get reading up.

 

just about any PCN claimform threads will help.

 

CAG is self help too….

 

dx

 

 

[lookinforinfo]

CAG is self help too.

[ceeferace]

I had been reading threads and wasn’t clear if I should expect a delay because of Xmas .......

 

 

Happy new year! 

[ericsbrother]

holidays dont count when it comes to timescales.

If you have 14 days to do somehting you have just that, not 16 days because there was a full moon that week or whatever.

 

Do your bit properly and you can then take them to task for not doing theirs right.

as they are a company that sues lots of people they wont be given much leeway by many judges