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Premier/Gladstones ANPR PCN Claimforms - CAPITAL SHOPPING PARK LECKWITH ROAD CARDIFF CF11 8EG


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Hello, 

last December I went to Costco in Cardiff 4/12/22 and I didn’t realise there wasn’t a designated area for Costco parking and I got a parking charge notice for staying too long (the limit is 3 hours).

I received numerous letters but with them being a private parking company I ignored them as I’ve done this before several times and nothing has ever come of it. 

now I have received a letter from the civil national business centre with a claim from premier park limited. 

they are claiming £90 for the pcn, £70 contractual costs, £11.23 interest, £35 court fee and £50 legal representative costs. Total £256.23. 

where do I stand with this?

Costco was absolutely rammed at the time near Christmas and I had no idea how long we were in there as well as there not being any actual Costco parking when there is dedicated parking at the others I’ve been to.

My mother in law and brother in law also have the same letter as they came with us and we all left at the same time. 
 

I want to fight this as it’s totally unfair that they pray on people like this and I’ve seen some things about premier park and this Cardiff car park specifically online. 
 

can you please advise me on what I can do next?

Thank you so much in advance. 

According to this thread there hasn’t been appropriate signage since 2019.

Not sure if this will help my claim but I’m assume so. 

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please complete this:

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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What is the date on the claim form please?

Have your mother-in-law and brother-in-law got the same form and the same date?

We could do with some help from you.

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Which Court have you received the claim from ? Civil National Business Centre 

Name of the Claimant : Premier Park Limited 
           

Claimants Solicitors: Gladstones Solicitors Limited 

Date of issue – 12 Sept 2023

Date for AOS - 1st October

Date to submit Defence - 13th October

What is the claim for  

1. The driver of the vehicle with registration ** *** (The 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at CAPITAL SHOPPING PARK CARDIFF (ANPR) - CAPITAL SHOPPING PARK LECKWITH ROAD CARDIFF CF11 8EG, on 04/12/2022 thus incurring the parking charge (the ''PCN'),

2. The PCN was not paid within 28 days of issue.

3. The Claimant claims the unpaid PCN from the Defendant as the driver/keeper of the Vehicle.

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

THE CLAIMANT CLAIMS £90 for the PCN,

£70.00 contractual costs pursuant to the Contract and PCN terms and conditions,

together with statutory interest of £11.23 pursuant to s69 of the County Courts Act 1984 at 10.25% per annum, continuing at £0.04 per day. 

 

What is the value of the claim? £256.23

Amount Claimed £171.23

court fees £35.00

legal rep fees £50.00

Total Amount £256.23

Have you moved since the issuance of the PCN? N

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? Not sure see below... 

on 20th June 2023 I received a letter before claim from Gladstones solicitors with an amount of £160.00 and I believe that was the last letter I received. 

 

the date is the 12th and i am not sure if my brother in law has but my mother in law received hers with the same date the 12th on it so I assume he has also got the same letter 

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Thanks for completing the sticky so quickly.

I've changed the defence deadline date.

You've come here very quickly and have plenty of time to defend.

dx100uk will be back on shortly with details of how to do Acknowledgement of Service and get a CPR request off to Gladstones.

Also well done on the reading up you've done - you're right that their rubbish signage and previous court defeats will help you.

 

We could do with some help from you.

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Thank you! 

 I am just hoping I can form a good defence to win for myself and for my in laws.

A nice family day out and trip to costco to save money on things before christmas is now looking like a potential very expensive trip but I am confident of winning this.

I feel like I should have replied or looked into this sooner but I honestly thought they'd give up chasing with it being a parking charge notice privately not council.

thank you for your help 

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what you all should not have done is to ignore the letter of claim you each got?

the reason they have launched these claim is because you should never ignore one of those.

so they think you'll not get the court claim or ignore it too and they get a default uncontested judgement.

the defence BTW is in the same sticky you just filled out be further down!! but dont do that yet:

here is what you need to do for Each claim.

pop up on the MCOL website detailed on the claimform

.register as an individual on the Gov't Gateway Site
Go to HMRC's login page.

Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...

You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
then log in to the MCOL Website

.select respond to a claim and select the start AOS box.

.then using the details required from the claimform

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.get a CPR 31:14 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim

type your name ONLY

no need to sign anything

.you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

 

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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Thank you for your help... 

I have done everything on the MCOL form and started my AOS. I have now exited the MCOL and about to start the CPR 31:14. 
How do I send this off to them?

Via post or email?

I have copied the template and im about to fill it out but not sure where to send the information? 


Do I email Gladstones Solicitors?

Do I print it off and send via post to them? 

Thanks 

 

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please dont post our templates on the open forum it says so in red at it's top.

now go back there and read all the posts there!

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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  • dx100uk changed the title to Premier/Gladstones ANPR PCN Claimforms - CAPITAL SHOPPING PARK CARDIFF (ANPR) - CAPITAL SHOPPING PARK LECKWITH ROAD CARDIFF CF11 8EG

go read post 2 in the cpr thread you got the template from.

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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yes the more pcn claimform threads here you read the better so you know whats to come, how to react, whats after that, get used to the process of the claim as things goes fwd.

 

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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  • dx100uk changed the title to Premier/Gladstones ANPR PCN Claimforms - CAPITAL SHOPPING PARK LECKWITH ROAD CARDIFF CF11 8EG

Update… 

 

both myself and my mother in law sent out letters off for CPR 31:14.

I sent them both on Tuesday and haven’t heard back yet but my mother in law has had an email?

She didn’t provide them with an email address but they’ve sent her something via email which I will post. 

I can’t add images only documents 

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  • 3 weeks later...

Hello,

I haven’t received a letter back yet or anything and I am conscious that I need to file a defence in the meantime.

Can anyone give me a step by step of what I actually need to do please as it would be much appreciated to have a step by step guide as I didn’t quite understand what I’m supposed to do now.

Thank you 

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As HB says, and you'll find

Q2) How should I defend?

 

Also, start reading other threads.

The site is self help as well.

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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Is the template enough or do I need to elaborate on it? Those are the types of things I want to be clear on before I just pretty much copy and paste my way through this court claim and wonder if I’m doing it absolutely correctly. 
 

any help on this particular claim would be great because they are all different in one way or another. 

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sorry not being funny but you should not be vanishing for 3 weeks without continuing to read up here.

everything you are asking is covered here in 100's of PCN claimform threads.

the claims are not different to yours,  we have a coverall defence already drafted anyway...

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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33 minutes ago, tarm39 said:

it would be much appreciated to have a step by step guide as I didn’t quite understand what I’m supposed to do now.

As already mentioned more than once, you should REALLY read other threads to empower yourself.

YOU will be the one in court and no-one will be there to give you "step by step" instructions.

  • Like 1

We could do with some help from you.

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

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Also could someone please advise on how I "defend the claim"? I have the defence template but no idea how to actually "defend" this. 

Thank you 

I've had the defence template ready for weeks, but was waiting on a letter so that closer to the date i could respond accordingly but i have not received a letter so i will just need to go ahead with my defence. 

The Defendant contends that the particulars of claim vague and are generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1. Paragraph 1 is denied. It’s denied that I ever entered into a contract to breach any terms and conditions of the stated private land.

 2. Paragraph 2 is denied.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 

 3. It is admitted that Defendant is the recorded keeper of the vehicle. The claimant is not in a position to state if I was the driver at the time.

 4.  Paragraph 4 is denied. The claimant has yet to evidence that their contract with the landowner supersedes. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 

 Notwithstanding the above on 19/09/23 I made a request pursuant to CPR 31: 14 for the claimant to disclose its necessary evidence in support if its claim. To this date the claimant has failed to respond to said request

 Therefore, the claimant is put to strict proof to evidence its cause of action and contractual costs and what loss it has suffered. 

 The Claimant is further put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

 The particulars of claim is denied in its entirety.  It is denied that the Claimant is entitled to the recovery or any recovery at all.

This is my defence, please let me know if you advise that I alter anything. 

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13 minutes ago, tarm39 said:

Also could someone please advise on how I "defend the claim"? I have the defence template but no idea how to actually "defend" this. 

 

Thank you 

 

Are you mixing up the defence which you need to submit by 13th October and your witness statement [WS] that you'll send in later?

If you have an initial defence ready, you could post it up for us to have a look at.

ETA: Crossed posts about the defence.

HB

Illegitimi non carborundum

 

 

 

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i am not sure.

I've read up about lots of the pcns on here but i still dont actually know what i am doing with the how-to's etc.

I know the defence and what it needs to contain but there are steps of which I do not understand to ensure i do this correctly.

Above is my defence as it is currently that i need to submit by the 13th.

I was waiting for them to send me a letter back regarding CPR 31:14 but I am yet to receive anything so I put that in the bottom of my defence.

I did not want to send it off for them to send a letter the next day or something

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Just our standard bland defence is enough. It's where we pointed you to in the sticky. Don't know where you got that one from. It's far too much info. Keep them guessing what you might put in your witness statement later.

You submit the defence on mcol.

Try wandering through our "successes" sub forum, to get an idea of the processes involved.

 

.

We could do with some help from you.

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