PCM ANPR PCN Claimform - Overstay - Anchorwood Retail Park, Barnstaple, Devon ***Claim Dismissed + Costs***

[dx100uk]

Why have you filed early??

 

Dx

 

 

[brassnecked]

No need to file so early, it gives the fleecer's a chance to counter your arguments with more spin/

[Lazy farmer]

I’m away for the next week & with  3 active cases on the go I didn’t want to forget it. 

I’ll hang out the WS until the last minute.

 

[FTMDave]

If you have time before going away get a CPR request off like the last time.

[Lazy farmer]

Right, home again now

I will get a CPR request off today

Just had an email from Gladstones offering Mediation - I assume no.

Would it be an opportunity to point out that the NTK was out of time & that I was not the driver?

[honeybee13]

That's normally for your WS. Please don't do anything apart from the CPR until one of the experts can comment.

 

HB

[dx100uk]

No to mediation always but that's for when you ever get an n180 from mcol, keep a watch on mcol 

 

You need to kill them using email too!!

 

Dx

[Lazy farmer]

Sorry Dx,  just to clarify - killing them by email is saying no to mediation or pointing out that their NTK was out of time?

[dx100uk]

No!! Come on you should know these things ... You need to kill them using email as a method of Comms, else they'll file important docs 1 min before a deadline removing your chance to counter their fakery and lies 

 

Dx

[Lazy farmer]

Right, i've sent off my CPR request.

 

Apologies for being a bit thick, having filed my defence on line (early), what's the order of events going forward?

[FTMDave]

If you read other threads with "claim form" in the title, you'll soon understand the steps of the legal process.

 

There are four on the last page of our PPC Successes thread.

 

https://www.consumeractiongroup.co.uk/topic/347084-ppc-successes-no-questions-please/page/14/#comments

 

 

 

 

 

[FTMDave]

On 24/09/2022 at 14:59, FTMDave said:

If you read other threads with "claim form" in the title, you'll soon understand the steps of the legal process.

 

There are four on the last page of our PPC Successes thread.

Er - why did I write this?

 

We are dealing with the thrasher of Simple Simon in court 

[Lazy farmer]

Hello, i'm back!

Finally received a court date for this one & I am required to get my witness statement in by 4pm on the 22nd December.

 

To recap - a vehicle that I am the registered keeper of (but categorically not the driver) picked up an invoice for overstaying at a retail park car park.

 

The 'offence' took place on the 28th Feb '22, the NTK was posted on the 14th March & date notice given as 16th March (these dates were printed on the NTK)

 

I sent off a CPR request to Gladstones their solicitors but received nothing, not even an acknowledgment.

 

My main defence would seem to be that the Notice was out of time & therefore POFA does not apply & they cant transfer the charge from driver to keeper:

 

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

 

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

 

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

 

Should i keep it simple & just go with this and ask for the claim to be dismissed? 

[dx100uk]

no you cant leave it that simple in a witness statement 

 

dx

 

[FTMDave]

The problem with just one argument is that if you get a dodgy judge who discounts it then it's game over.

 

We recommend throwing the kitchen sink in at WS stage, so there are as many arguments to chuck the claim out as possible.

[Lazy farmer]

I have had no response to my CPR request sent months ago so I have re-emailed Gladstones last week & still no reply. Unable to ascertain the contract between the landowner & PCM.

I can find no application for planning permission for signs so presume they are illegal.

This morning I was in the vicinity so popped over to photo the signage & guess what? My CN for overstaying in a 2 hour free car park is wrong as it is 3 hours! Does this invalidate the CN as the 'offence' of staying beyond 2 hours is incorrect? Pic of sign attached

anchorwood bank signage.pdf

[Nicky Boy]

Don't think you should be using email for communication...

 

They could serve documents 1 minute before a deadline, so you have no chance to counter.

[Nicky Boy]

Also,

You asked "Does this invalidate the CN as the 'offence' of staying beyond 2 hours is incorrect?"

 

All the PCN says is that you exceeded the time limit. Doesn't mention a 2 or 3 hour time limit.

 

The POC also just states their usual, vague, "parked in breach of the terms of parking", so no time limits mentioned there either.

 

[FTMDave]

I've just reread your thread from the start.

 

In their PCN the fleecers specifically state it is in line with Schedule 4 of POFA.  They haven't respected the 14 days of POFA.  They're screwed.

 

Then they haven't offered the discount which is in all the CoPs.

 

Don't remind Gladstones.  Think about it.  You don't want them to reply.  Then you can state in your WS that you don't believe the fleecers have a valid contract with the landowner, nor that they have obtained PP, and they have refused to produce these following a CPR request.

 

I don't think the 2-hour v 3-hour limit really helps you, as the driver stayed nearly 4 hours.  in any case, where have the fleecers mentioned a 2-hour limit?  I can't see it anywhere.

 

You need to start work on your WS.  Your sections need to be

   - No Locus Standi

   - Illegal Signage

   - No Keeper Liability

   - Invalid PCN/Breach of Codes of Practice

   - Double Recovery.

[FTMDave]

Wooops!  Cross posted with Nicky Boy.

[Nicky Boy]

And, in case it got missed during cross posting...

Tell them (by email and snail mail) that email communication is no longer to be used.

Postal letters only!

 

[Lazy farmer]

Thanks everyone. I'm at work currently but could have sworn there was mention of 2 hours somewhere, i will check later.

 

Day off tomorrow so will get a first draft WS using FTMDave's sections & post it up for comment on Thursday.

 

I get the point about email, i just didn't want them to deny receiving the cpr request so I have at least got a email receipt to say they have had my request. I will prepare the WS on the assumption that I wont get a reply.

[Lazy farmer]

Coincidentally just received (by email!) the following,  i've redacted my details from their witness statement. They have included their contract which was only one of the items i requested in my cpr request

 

We act for the claimant in the above matter.

 

Please find attached, by way of service, the Claimant's Witness Statement.   

 

In accordance with CPR 27.9 our Client hereby gives notice that it will not be attending the hearing.

 

We confirm the court has been informed and that we have asked the Court to decide the claim in our Client's absence based on the evidence submitted.

 

We confirm the statement has been filed at the Court

Gladstones witness statement.pdf

[dx100uk]

then as long as YOU ATTEND you will win. if they are not going 

 

dx

 

[dx100uk]

gladstones have changed their tune about out basic defence then ......the Defendant has been able to produce a substantive Defence.

 

wow!!

 

dx