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Court Claim - Parking Control Mnagement / - 22-9-2017

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  • Court Claim - Parking Control Mnagement / - 22-9-2017

    Received a claim? Yes
    Issue Date: 22-9-2017
    Amount approx: 800
    Claimant: Parking Control Mnagement
    Solicitor: Gladstones
    Original Credit:

    Particulars of Claim:


    Stat Barred? No

    Have sent:

    Other Info:
    Our defence has been submitted via online which was received by the County Court on 06/10/2017. The defence is as follows;

    I (Mr X) have never driven nor parked on the land of Tiltman
    Place N7, as mentioned in the particulars, since this is a
    courtyard that cannot be accessed by public vehicles- there are
    three entry points for pedestrians only; two with bollards and one
    with a large gate (photographic and video evidence has been
    acquired)

    I (Mr X) the Registered Keeper of vehicle (car reg) did not
    have access to said vehicle in question on the dates specified, as
    I was at work 35 miles away in High Wycombe on the 24/11/2016,
    09/12/2016, 22/12/2016 & 22/02/2017, as mentioned in the
    particulars - therefore I was not the driver in question. My
    employers would be willing to supply evidence based on the dates
    above.

    Any Parking Charge Notices (PCN) tickets issued failed to mention
    mandatory conditions set out in the Protection of Freedoms Act
    2012 (POFA 2012). Since the POFA 2012 has not been complied with
    [being only the registered keeper and not the driver at the time]
    Subsequently the PCN's are invalid; as it does not comply with the
    POFA 2012.

    I (Mr X) did not enter into a contract for parking on the
    private land according to the Department for Transport Section 56
    and Schedule 4 of POFA 2012. As there was no signage from Parking
    Control Management (PCM) setting out their terms and conditions
    upon parking. Subsequently I am unable to enter into a contract
    with PCM for the aforementioned parking charge(s) stated in the
    particulars. Google maps images have been collated as evidence to
    show the signage that was in place from a parking company called
    Parking Ticketing Ltd (PTL) whom no longer operate in the
    vicinity.

    I (Mr X) refute the claims of Parking Charges, Damages and
    indemnity costs made by the claimant and would like to further add
    that any signage that is currently there has appeared in the last
    7 months [after PCN's were issued]. I have an independent witness
    from the local London Borough of Islington Council Office who
    would be willing to supply evidence in support of my defence.

    Furthermore, I would like to add that these particular signs are
    insufficient as they are high up and not noticeable when driving-
    as ones focus is solely on the road carrying out manoeuvres such
    as a three point turn.
    Tags: None

  • #2
    Re: Parking Control Management (UK) Ltd & Gladstones court claim

    Please could some one help me!
    I have put up a post regarding something similar. I have received court claims forms and submitted my defence, however the claimant PCM so not want to go to court, however I want to go to court because I am 99.9% sure the case will be thrown out of court because they have so many errors in the particulars e.g wrong road and wrong person driving. Please could I get some more information as to what I should do next. I have received an email from Gladstones to say that they would rather settle out of court- but nothing from the court yet in writing.

    Comment


    • #3
      Re: Parking Control Management (UK) Ltd & Gladstones court claim

      Hi & welcome to LB

      Your post (earlier today) is http://legalbeagles.info/forums/show...676#post758676

      If your defence was submitted a couple of weeks ago, how do you know that the Claimant doesn't wish to continue?
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Re: Parking Control Management (UK) Ltd & Gladstones court claim

        I received an email from the solicitors litigation representative Molly from Gladstones. We have not replied and waiting to see whether the courts respond online via moneyclaim.gov.uk

        or whether they respond to us by post.
        Last edited by AshleyJ; 20th October 2017, 20:40:PM. Reason: more info

        Comment


        • #5
          Re: Parking Control Management (UK) Ltd & Gladstones court claim

          [QUOTE=charitynjw;758760]Hi & welcome to LB

          Your post (earlier today) is http://legalbeagles.info/forums/show...676#post758676


          That is indeed my post from earlier.

          Comment


          • #6
            Re: Parking Control Management (UK) Ltd & Gladstones court claim

            Originally posted by AshleyJ View Post
            I received an email from the solicitors litigation representative Molly from Gladstones. We have not replied and waiting to see whether the courts respond online via moneyclaim.gov.uk

            or whether they respond to us by post.
            Did she/they say that they wish to discontinue?
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Re: Parking Control Management (UK) Ltd & Gladstones court claim

              The email states they would rather settle out of court and asked that we use a mediator. They also would like us to set up a payment plan- cheeky!

              we have been sent forms from them- a type of questionnaire to fill out as to how we would like to progress with the issue. However I do not wish to exchange documents and evidence with them I would rather go in front of a judge.

              Comment


              • #8
                Re: Parking Control Management (UK) Ltd & Gladstones court claim

                From the info on your other thread it would appear that something fishy is going on.

                & if you are correct, where (& importantly, when) did PCM get the reg keeper's details.

                You can find out via DVLA.

                [Registered keeper name & address]

                DVLA Vehicle Record Enquiries Section
                Longview Road
                Morriston
                Swansea
                SA99 1AJ
                [Date]
                Re: Registration [XXXX]
                Dear Sirs
                As the Registered Keeper of the above VRM could you advise who has accessed my personal details with regards to this marque, I need to know what address was provided, how often the information has been requested and when did the DVLA send the keeper details out. Please advise the information with regards to events between [XXXX date] and [XXXX date]
                I understand there is no charge for this information and look forward to your speedy reply.
                Yours faithfully

                [Name of RK]
                The Registered Keeper
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #9
                  Re: Parking Control Management (UK) Ltd & Gladstones court claim

                  Originally posted by charitynjw View Post
                  From the info on your other thread it would appear that something fishy is going on.

                  & if you are correct, where (& importantly, when) did PCM get the reg keeper's details.

                  You can find out via DVLA.
                  Fishy?? Please elaborate.

                  I have read other forums and that if I were to acquire that information then is it true I would need to pay? You see I am the driver of the vehicle but not the registered keeper. The address that the claim form was sent to was an old address. However we have family that still live at the address so we collect post on a regular basis.

                  Can I ask as to what importance would it be if I were to find out indeed how they got my details? Since they're a company registered with BPA they can get hold of our details from DVLA quite easily (so I have read on other forums).

                  Any information pertaining to how I progress with the claim would be greatly appreciated.

                  Comment


                  • #10
                    Re: Parking Control Management (UK) Ltd & Gladstones court claim

                    The plot thickens.

                    But this should be continued by having your own thread.

                    I'm sure our [MENTION=49370]Kati[/MENTION] can weave her magic to do so you want?
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #11
                      Re: Parking Control Management (UK) Ltd & Gladstones court claim

                      You do not have to pay the DVLA to get your own details.

                      I'm confused. Have you received a directions Questionnaire form by any chance? Gladstones may have sent you a copy of theirs, as they are obliged to. You also have to fill in the DQ and send a copy to the court and Gladstones.

                      There's lots missing in this tale!

                      Comment


                      • #12
                        Re: Parking Control Management (UK) Ltd & Gladstones court claim

                        Originally posted by ostell View Post
                        You do not have to pay the DVLA to get your own details.

                        I'm confused. Have you received a directions Questionnaire form by any chance? Gladstones may have sent you a copy of theirs, as they are obliged to. You also have to fill in the DQ and send a copy to the court and Gladstones.

                        There's lots missing in this tale!
                        Yes! That's what I received via email from Gladatones. They sent theirs prefilled in and I have received a copy to fill out and send to the courts. However again looking at other forums I'm not sure making contact with the solicitors or anyone who is directly linked to the claimant is such a good idea.

                        This is my first time using a forum and my first time with encounters of court papers and the likes. This has been a very stressful and uncomfortable experience and to be honest it's as if no one wants to help you. I've been to Citizens Advice, I've called numerous helplines and even thought of hiring a solicitor but most said that they woul not touch it as it's a civil matter and if they do they want upfront payments which as a family on a low income we cannot afford this kind of money.

                        Tale?? Well I am more than happy to fill in the blanks. I can take photos of documents or screen shot emails if that helps....

                        I can respond pretty regularly especially at unsociable hours like now as I have a 1 year old who's teething lots which is great fun!?!

                        And in response to the gentlemans previous message I did start my own thread as you previously mentioned in your original post but no one messaged me, so I reached out on someone else's thread- which is probably annoying or a faux pas in the world of forums, but as I said previously I'm not used to these kind of sites.

                        Any help and advice on how to progress with this would be really appreciated. As mentioned I want to go forward with the case going to court because I am 99.9% sure it will get thrown out as there are a number of errors in the particulars which I am sure the judge will throw out (as I have read on a number of cases that have gone to court regarding error in the details in the particulars).

                        Thanks in advance.

                        Comment


                        • #13
                          Re: Parking Control Management (UK) Ltd & Gladstones court claim

                          Originally posted by charitynjw View Post
                          The plot thickens.

                          But this should be continued by having your own thread.

                          I'm sure our @Kati can weave her magic to do so you want?
                          I did start my own thread as you mentioned in your original post, but no one responded so I reached out on someone else's thread in the hope of getting some answers, as I said to your friend [MENTION=49370]Kati[/MENTION] I am not used to forums and sites like this so it's probably something your not supposed to do or is seen as some sort of forum faux pas but I really hoped that I could get some help or advice from LB Community.

                          Thanks in advance.

                          Comment


                          • #14
                            Re: Parking Control Management (UK) Ltd & Gladstones court claim

                            Hi @AshleyJ

                            No worries....it's just that multiple cases on 1 thread can lead to all kinds of confusion.

                            I'll give @Kati another nudge to see if your posts can be put onto your other thread - link posted above.

                            As regards posts being missed, sometimes on LB things happen so quickly that posts can be missed.

                            But you can tag people like I've done with Kati. (put @ immediately before her username).

                            Or you can hit the 'reply' under someone's post.

                            Either of these will notify that person of your post.

                            Or you can do another post to bump yours.
                            Last edited by charitynjw; 21st October 2017, 07:44:AM.
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb


                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.


                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • #15
                              Re: Parking Control Management (UK) Ltd & Gladstones court claim

                              So it looks like both you and gladstones have received Direction Questionnaires to fill in. You fill it in and return to the Court AND the other side. That's why Gladstones sent you a copy of their response. Fail to follow the procedures and you lose. The courts encourage the opposing parties to talk so as to exchange information before court and possibly settle. The other side will see your evidence anyway.

                              The mediation is offered by the court. It is telephone based. You could agree to it but you want to pay noting, Gladstones want the full sum. You could mediate to, say, £20 to make it go away.

                              Have Gladstones suggested that this case is not complicated and can be resolved with a paper only hearing at the claimants court?

                              Comment

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