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    • why not use our default holding/no paperwork defence in 100's of recent card claimform threads here already? not sure wherever you got that from but its not ours, not present day. dx    
    • This thread has been dawdling along for a year. We ask questions and we don't get any answers. Then the thread goes completely to sleep for about 10 months and we get a request today to reopen it and we are told that there is a court date in June – in just a few weeks. We would like to see please – the claim form in PDF format. The defence – in PDF format. Any documents which you have received and filled out such as directions questionnaires et cetera in PDF format. We also would like to see a comprehensive bullet pointed list of events – what you sent, when you sent it, the value of it, who do you send it to, was it properly declared, was the value properly declared – and any anything else you can think of. I think you need to realise that we are all volunteers here and we have our work cut out helping people who feel involved and committed to sorting out their problems. I'm sorry to say that the impression the moment is that you aren't really very interested. If you can't give us the information that I have asked above and also answer the other questions that I put to you probably a year ago, then I think that we may as well close the thread. I'm sorry you think I'm being tough – but this is a serious forum for serious legal advice. The people we advise on parcel delivery issues always get their money back but they have to take it as seriously as we do. It is not just a piece of social media. I'm closing the thread for the moment. If you have the information that we require then please use the report button and we will open the thread again so that you can post it up. Then we will be able to help you Thank you
    • after a lot o reading the following is my defence statement  as I understand it I need to respond to all points in the particulars   Any help would be appreciated  DEFENCE  1) aa claim for money , the burden of proof in any allegation to the amount of money claimed to be owed remains with the claimant . And be proved unless the defendant Denies it. I deny all allegations made by the claimant  Therefore, the Claimant Is required to prove the allegation that the money is owed as claimed. The Claimants particulars of case  Does not give sufficient information to enable me to properly assess and defend the claim. 2)The Claimants particulars of claim states that the account was assigned from capital one to on 18/03/2021. I do not recall receiving notice of this assignment. A request for this has been under the consumer credit act to the claimant on17/05/2024 And I am awaiting a reply.  3) Similarly to the above point I do not recall being served with a Default notice by capital one as required by s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served on the Defendant And also required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and it is in a prescribed form  A request under has been made to the claimant’s solicitor on 17/05:2024 under CPR 31:14 and I am waiting for a reply  4) The consumer credit act also makes it incumbent upon the creditor to send regular statement of accounts to a debtor. Again I do not recall receiving these A request for this information has also been made under CPR31:14 on 17/05/2024… and I am awaiting a reply 5) As no documents that have been requested from the claimant have yet been received by me I ask the court for more time to receive and inspect the documents and have the opportunity to mount a more thorough defence      
    • who did you put as the claimant? was it Parcel22Go.com we'll need theirs and your full WS too if they've been filed yet?
    • Hi everyone, I have a court hearing date scheduled for June regarding this case. The service in question is Evri International, which I booked through Interparcel. However, I am aiming to hold Parcel2Go.com (P2G) liable because they operated the Evri International service. The Evri International website, which is operated by Parcel2go.com Limited (with company number 02591405) under the Evri brand. Given that my booking was made through Interparcel and not directly with P2G, am I still in a position to take Parcel2Go to court? Any advice or insights would be greatly appreciated. Thank you!
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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PCM/Trace/Gladstone 2*PCN's - ignored everything - Residential Parking - now gladstones letter


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no just a snotty letter not compliant to anything

 

just get free proof of posting.

 

post your idea up here 1st 

 

the best way to search CAG is to use our enhanced google search box

snotty letter

 

if you use the search in the top red toolbar you need to add a + sign between each word so you would type

 

snotty+letter

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... 

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How about something like this?

 

 

Dear Will and John,

 

Re: PCN no.XXXXX and no.XXXXX

 

cheers for your Letter Before Claim.  I had a good laugh at the idea you actually really thought I'd take such tripe seriously and cough up!

 

As usual you'll have been too bone idle to do any due diligence before sending out your bilge otherwise you'd have seen this is a residential parking case.  You know and I know and now you know that I know why your client isn't entitled to a red cent in such cases.

 

Your client has also scored a big own goal by adding a whopping £120 in Unicorn Food Tax.  Oh dear oh dear oh dear.  Judges don't like these made-up sums, do they?

 

Your client can either drop this hopeless case or get a good kicking in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and spend it all on a foreign holiday now that we can all travel again, while all the time laughing at your client's expense.

 

I look forward to your deafening silence.

 

COPIED TO PARKING CONTROL MANAGEMENT (UK) LTD

 

 

Wait and see what the other regulars think today, then if there is no retweaking send off copies both to Gladstones and to PCM tomorrow by 2nd class post, and make sure you get two free Certificates of Posting from the post office.

 

Any competent company would see "residential parking" and give up as they know full well it is very difficult for them to win such cases.  However, they may be blinded by £££££ as there are two tickets.  I've tried to hint that you know the law but at the same time tried not to play our cards too early.

Edited by FTMDave
Typo

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

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Tha 

17 minutes ago, FTMDave said:

How about something like this?

 

 

Dear Will and John,

 

Re: PCN no.XXXXX and no.XXXXX

 

cheers for your Letter Before Claim.  I had a good laugh at the idea you actually really thought I'd take such tripe seriously and cough up!

 

As usual you'll have been too bone idle to do any due diligence before sending out your bilge otherwise you'd have seen this is a residential parking case.  You know and I know and now you know that I know why your client isn't entitled to a red cent in such cases.

 

Your client has also scored a big own goal by adding a whopping £120 in Unicorn Food Tax.  Oh dear oh dear oh dear.  Judges don't like these made-up sums, do they?

 

Your client can either drop this hopeless case or get a good kicking in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and spend it all on a foreign holiday now that we can all travel again, while all the time laughing at your client's expense.

 

I look forward to your deafening silence.

 

COPIED TO PARKING CONTROL MANAGEMENT (UK) LTD

 

 

Wait and see what the other regulars think today, then if there is no retweaking send off copies both to Gladstones and to PCM tomorrow by 2nd class post, and make sure you get two free Certificates of Posting from the post office.

 

Any competent company would see "residential parking" and give up as they know full well it is very difficult for them to win such cases.  However, they may be blinded by £££££ as there are two tickets.  I've tried to hint that you know the law but at the same time tried not to play our cards too early.

thank you so much I will await for confirmation from others and prepare and send the 2 copies. Thank you for your help as always 

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I've just gone back and looked at the PCN's you posted back in June.

 

They sent two NTK's for one of the "alleged" breaches presumably because the first one did not comply with PoFA.

 

They then sent you another version of the NTK which was also not compliant with PoFA. Total muppets. And of course the other PCN was also non compliant.

 

 I find it hard to believe that they are even threatening to go to Court with you. There is no way on God's earth that they can win if you bring their failures to the Court's attention.

 

As your PCNs were both windscreen tickets then when they follow up with their Notice to Keeper  comes under section 8 of PoFA and in s8 2] it states "must". As such the procedures and wording must be virtually identical to the procedures and words in the Act.

 

So in s8 2] [f] it states "

(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;"

 

In their version they ignore most of those words and then say "This is inclusive of  recovery action and is in accordance with Schedule 4 of the Act. Which it isn't.

 

Edited by dx100uk
added A few blank lines only..dx
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22 minutes ago, lookinforinfo said:

I've just gone back and looked at the PCN's you posted back in June.

 

They sent two NTK's for one of the "alleged" breaches presumably because the first one did not comply with PoFA.

 

They then sent you another version of the NTK which was also not compliant with PoFA. Total muppets. And of course the other PCN was also non compliant.

 

 I find it hard to believe that they are even threatening to go to Court with you. There is no way on God's earth that they can win if you bring their failures to the Court's attention.

 

As your PCNs were both windscreen tickets then when they follow up with their Notice to Keeper  comes under section 8 of PoFA and in s8 2] it states "must". As such the procedures and wording must be virtually identical to the procedures and words in the Act.

 

So in s8 2] [f] it states "

(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;"

 

In their version they ignore most of those words and then say "This is inclusive of  recovery action and is in accordance with Schedule 4 of the Act. Which it isn't.

 

Thank you for having a read through the thread. I shall prepare the letter and send the 2 copies or should I add anything else to it? Thank you

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Munksky just type

No need to keep hitting quote please

Makes the thread twice as long and diff to find your reply start on mobile/small screen s

 

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... 

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FTM Dave's take on the snotty letter is a decent response to Gladstones, the solicitors most likely to lose their clients money for them in court

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!

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Send the letters as drafted tomorrow.  The aim at the moment is to convince them they would be on to hiding to nothing if they did do court, so best for them to leave you alone and concentrate on some other mug.

 

Don't play all your cards, otherwise the PPC will simply make up lies to counter your arguments.

 

LFI's excellent work will come in handy later on if they do do court, but hopefully it won't come to that.

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

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  • 3 months later...

Hi guys,

I’m back as Gladstone’s contacted me by phone and I picked up and said I’m busy call me back later and never did answer

. I have now received a court claim form but for 1 pcn that is different to ones I have been fighting.

Instead it’s for one at my previous property address which was also private property

. It’s like they’ve ignored the 2 I have been fighting and sending letters about and chosen one from 15/01/2017 and decided to take me to court about this one which I don’t even remember about as I only bought the car 02/01/2017. 

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I have 1 claim form for 1 PCN but in my other thread I was fighting against 2 pcns from same people company UKPC but for my old car but current address.

 

Now they have sent me a claim form for my old car but my old address.

 

a whole new PCN that I wasn’t aware of or been fighting for past year. 

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Create a new thread

get the new sticky for a ppc clamform done on th e new thread and get aos+cpr done.

 

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... 

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Share on other sites

  • 1 month later...

I’ve just received a letter from Gladstone’s saying that I don’t have a defence case for these 2 parking tickets and that they will proceed with the court case if I do not pay £320. BUT they are willing to accept £200 to stop any legal proceedings??? 
 

I am going to ignore or should I reply? 

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std letter they always send if you read a few threads here.

 

but you've not had a claimform nor filed a defence for the one they are writing about? so...BS.

 

 

 

 

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... 

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  • 2 years later...

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