Jump to content


NSGL/QDR PCN claimform - residential - Century Wharf, Cardiff, CF10 5NP.


Recommended Posts

If you have received their WS could you please post it up.

If you haven't received it then, could you please defer sending off your WS till the last date before the 9th.

 

You can send it by email. 

 

As for them over charging have a look at this

 

 a. (ref para 419): https://www.bailii.org/ew/cases/EWHC/QB/2011/4023.html

 

''It seems to me that, in the present case, it would be difficult for ParkingEye to justify, as against any motorist, a claim for payment of the enhanced sum of £135 if the motorist took the point that the additional £60 over and above the original figure of £75 constituted a penalty.

 

It might be possible for ParkingEye to show that the additional administrative costs involved were substantial, though I very much doubt whether they would be able to justify this very large increase on that basis. On the face of it, it seems to me that the predominant contractual function of this additional payment must have been to deter the motorist from breaking his contractual obligation to pay the basic charge of £75 within the time specified, rather than to compensate ParkingEye for late payment.

 

Applying the formula adopted by Colman J. in the Lordsvale case, therefore, the additional £60 would appear to be penal in nature; and it is well established that, in those circumstances, it cannot be recovered, though the other party would have at least a theoretical right to damages for breach of the primary obligation.''

 

Link to post
Share on other sites
  • Replies 93
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Popular Posts

Found it!  http://parking-prankster.blogspot.com/2017/07/ukpc-lose-residential-case-tenant-can.html

I think I know where you got that defence from, but it's outdated now.  It needs to be cut down to the bare bones.  The time for playing your cards is your Witness Statement further on.   Ha

Yes, if the fleecers are stupid enough to proceed, at some point the court will tell both parties to produce a Witness Statement.  That is the time to flesh out all your points and chuck in the kitche

I haven't received anything from them yet.  I imagine they're waiting for me to send mine before they send theirs.  I'll hold off on posting it until Monday, as that'll give me a day's grace before the deadline and if they receive it Tuesday they'll struggle to get theirs out before the Wednesday deadline.  If I receive anything from them I'll post it up here.

 

Last time I went to County Court was in 2011 (and as the claimant rather than the defendant) and the other side didn't submit any evidence and didn't actually show up on the day.

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Link to post
Share on other sites
10 hours ago, Cardiff Devil said:

do I need to put in any kind of summary paragraph or is it fine to go as it is, with the photos and other evidence included?

It's not essential, but a little summary of your arguments at the end wouldn't go amiss.  Have a look at the end of post 61  https://www.consumeractiongroup.co.uk/topic/419686-vcs-anpr-pcn-paploc-now-claimform-double-dipping-st-marys-gate-retail-park-s1-4qz/page/3/#comments

 

However, wait till the last minute before filing it in case the fleecers send theirs first.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Cheers Dave

 

The deadline is Wednesday, and I'm too much of a chicken to wait until tomorrow to post it.  So I'm getting it out end of day today so it arrives tomorrow.

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Link to post
Share on other sites

Quick question before I post this out, is the claimant copy going back to the parking company or to their solicitors?

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Link to post
Share on other sites

always sols

  • Thanks 1

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

Cheers DX.  Into the post it goes.  👍

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Link to post
Share on other sites

Their WS has arrived.  I don't have access to a scanner at the moment so I can't upload it but it consists of a witness statement from their solicitor, a copy of the PCN and all the letters, pictures of my car in situ, random pictures of the signage across the site (most of which is nowhere near where the vehicle was parked), a copy of a contract (dated 2015) and some other assorted gumpf.

 

Some points of note;

 

Referring to my court defence, they've written;

 

[quote]

The defence amounts to a bare denial and does not comply with 16.5(2) of the Civil Procedure Rules which state:

 

Where the defendant denies an allegation;

 

a.  he must state his reasons for doing so; and

 

b.  if he intends to put forward a different version of events from that given by the claimaint, he must state his own version.

 

The defence ought to be struck out accordingly.

[/quote]

 

Can they request a defence be struck out like this?  Surely I'm within my rights to simply deny an allegation as it's for them to prove rather than for me to disprove?

 

Something else I've noticed.  The contract they've sent is the one I uploaded in post #51.  It's between NSGL (the claimant) and a company called Warwick Estates.  However in the witness statement it refers to Warwick Estates as a "managing agent appointed to administer the day to day running of the buildings and the estate".

 

So if I'm right, the contract they've provided is not with the landowner, but a different managing agent.  So there's no chain of authority back to the landowner as there's no evidence of any contract between Warwick Estates and the actual landowner.   Would this be enough to discredit their case?

 

Apologies in advance for the wall of text.

 

Cheers

CD

 

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Link to post
Share on other sites

we ideally need to see it all very quickly so if we need to adapt your WS it can be done today 

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

Hi DX

 

My WS has already been sent and was received by the other side's solicitors yesterday (I sent it tracked via courier and have the delivery receipt).  I may be able to upload some parts of it in a bit using my phone camera but I'm at work and won't be able to upload the whole thing (it's about 50 pages).

 

Cheers

CD

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Link to post
Share on other sites

I'm not an expert but I've never seen an example of a judge striking out a defence like they are asking, and as you are a Litigant in Person and allowed a little leeway I highly doubt a judge would do so.

 

Most of their WS will be cut & pasted tripe about the private parking industry and NGSL's sterling work within it, which we don't really need to see.

 

However if there is stuff that looks relevant and could undermine your case then yes, send those bits with your phone, even if the format is dodgy we can sort it out at this end.

 

Your comments about the contract are spot on.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Will definitely as FTMDave indicates be a cut#. paste jonbby, is there lashings of Beavis in there to justify any Unicorn feed tax?  They won't get a strike out  at least they did it without sight of yours so they will have filled it with waffle and stuff of no relevance. Do put up as much as you can of it.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

post hidden

put everything including the exhibits into ONE multipage PDF not 1 page to a PDF.

read upload carefully and see the merge websites listed.

 

 

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

Sorry DX, let's try that again;

 

 

WS Combined.pdf

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Link to post
Share on other sites

you've a few pages still missing 

they cant claim all those costs esp the trace fee and the pre litigation-  litigation fee.

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

Yeah that's not all the pages, I left out a few parts that were just saying "We sent the defendant a letter" etc that don't really have any importance.  I just uploaded the significant parts.

 

I'm not sure how they can justify £70 for sending 2 template letters.

 

Also £12 for "trace fees"?  Last time I checked it only cost about 2 quid for them to request keeper details from the DVLA.

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Link to post
Share on other sites

What you might think is worthless might be the key

 

we need everything.. Inc exhibits please

 

the trace fee will be the trace agent not dvla 

Dx

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

Its surprising what gems you find in the "unimportant" bits.  Especially  if are suing Keeper.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

OK I'll try and get the rest of it uploaded.  May have to be early next week though.  

 

Any other advice in the meantime would be greatly appreciated.

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...