tissot
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Everything posted by tissot
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Just submitted defence as am away for the next two days and don't want to risk not being able to submit it.
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Thanks EB, I am going to guess by reading other success cases the judge will go through with it even when I ask for it to be struck off. I don't understand why these small claims courts even entertain anything with Gladdstones name on it ! Regards, tissot
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That's brilliant thanks EB, As of today 14 days have passed and no reply from Gladdys to the CPR 31.14 request so defense will fit perfectly. So using EB's post (Greatly appreciated) would this be my defense to submit on the 6th ? The plaintiff has failed to show a cause for action against the defendant by failing to produce the documents showing they have a contract with the landowner that assigns the right to enter into contracts. There is no contract between the plaintiff and the defendant, the defendant does not believe that the claimant has locus standi as they have failed to produce a contract with the FREEHOLDER as part of a CPR 31.14 request for documents so it is believed that no such contract exists. Then if they continue to pursue I can work on a more detailed one ? Kind Regards, tissot
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I have been trawling through previous success cases and I can see the same things being posted up so am going to try and not do the same. I just want to clarify my next step is to submit my '2 line' defence (Seems to be a common theme of people spending an eternity on a defence that doesn't need to be submitted at this point). I think my best bet for the defence is just the 2 line primacy of contract ? Let me know if I am interpreting this all wrong ! Just to clarify I do know to submit it on the 6/04 !
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CPR Request now sent to Gladdys with proof of postage, thanks for the help so far.
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Thanks for checking it over and editing it dx100uk it's greatly appreciated. Regards, Tissot
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MCOL AOS is done and CPR request is edited and ready to send. Should I send it 'signature required' so I can prove they received it ? Thanks Tissot
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Thanks dx100uk, Details as required: Name of the Claimant: PARKING AND PROPERTY MANAGEMENT LIMITED claimants Solicitors: GLADSTONES SOLICITORS LIMITED Date of issue – 06/03/2018 Date of issue 06/03/2018 date to submit defence = 06/04/2018 What is the claim for – the reason they have issued the claim? The driver of the vehicle registration XXXX XXX (the ‘vehicle’) incurred the parking charge(s) on 09/07/2017 & 10/07/2017 for breaching the terms of parking on the land at victory hill – Winterthur Way Basingstoke RG21 7UB The Defendant was driving the vehicle and/or is the keeper of the vehicle. AND THE CLAIMANT CLAIMS £320 for parking Charges / Damages and indemnity costs if applicable, together with Interest of £14.04 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing To judgement at £0.07per day. What is the value of the claim? Amount Claimed: £334.04 Court fee: £35.00 Legal Rep Costs: £50.00 Total Amount: £419.04 Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim? Yes claim has been issued by PPC. I am now just going through with MCOL and CPR. Thanks again.
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That's great thanks. I have just registered but have not done anything yet !
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As requested here is the claims form. County court claim form..pdf
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So I have just received a County Court Claim Form !! I know from reading previous forum posts its best to respond online ? Could someone please point me in the right direction. Regards, Tissot
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UPDATE: Well since I sent EB's letter in October I have heard nothing back so either it worked or I am now just waiting for a letter from small claims. Fingers crossed not the latter ! Thanks for all your help so far and shall keep you updated.
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Sorry if I offended you EB, but you do have to understand for someone that spends all their time in a corporate environment. Sarcasm is not a communication style that is often adopted. However I trust fully in your advice ! Letter was sent a few days ago (unedited) so it's just a waiting game now. Regards, Tissot
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Thanks EB you are a poet to say the least ! Wish I could send it exactly like that. Shall suitably edit and get it sent to both gladdys and PPM shall let you know if anything happens. Thanks for your help. tissot
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I have attached the letter (sorry in advance as I don't have a scanner) The previous letters from PPM are for £200 (100 for each PCN), this letter from gladdys states £320 with no explanation of extra charges. Regards, tissot IMG_20171002_164539.pdf
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Have just received my first letter from gladdys, I did see a post from 'ericsbrother' on another post about writing to them. Explaining supremacy of contract, sue them for trespass, harassment and DPA etc. This is a Final Demand letter not a summons for court. I can post up letter if it helps. Just wondering if writing to them is a worthwhile exercise. Regards, Tissot
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So the Charge back did't work as it was carried out over 'Authorised by Visa' of which my bank does not deal with! I am trying to get the actual landlords lease agreement to see what it says about the parking space, however this is proving difficult as all my correspondence have to go through the lettings agency. Although many cases at court have just been won by the judge just seeing the 'Tenancy Agreement' so if i couldn't get hold of the lease from the landlord I should be okay. I tried messaging the estate management team who employed PPM but I got shut down. There response will make you guys laugh, "Dear XXXXXXX, Unfortunately I am unable to intervene despite my best efforts as the ticket was issued correctly. You can appeal through the IAS (Independent Appeals Service), they are totally independent and will look at your case fairly. I wish you all the very best with this XXXXXX" This response got me thinking, technically the estate management company who employed PPM are theoretically employing people to trespass on the residents spaces. Would that mean the management company could be held responsible for letting them do it in the first place ? Just a theory and wanted all of your opinions ! Regards, Tissot
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Thanks for all the info so far Vauban, I have had a brief look over your guide and you have definitely surpassed yourself on that one. Extremely well written! So for anyone looking at this thread because you are in the same situation I would probably go straight to Vauban's guide. when I get a chance this week I shall take a look at AviationADR before I send the lba. Regards tissot
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Does having multiple claimants complicate things at all ? Otherwise I can do it just for myself and then the others should just be able to claim if I win the case?
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I have ripped off their own closing paragraph as well, thought I would throw their own words back at them!
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I used a template from Which as my base. Input is appreciated I a now pursuing the claim for 3 other friends who were also on the flight. So in total its 5 claims! letter-before-action-monarch.pdf
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I understand that in the lba is the time to ask for documentation in accordance with the PA on Pre-Action Conduct. Is there anything I should ask for. They did state in their response that they cant disclose the flight delay details and that information is give to the CAA. Or should I just skip the request ?
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I am currently drafting the lba as we speak, the Monarch 'eu compensation form' that I originally filled outlines this : Guidance on Regulation 261/2004 1) EU Regulation 261/2004 provides that, in the event of cancellation or long delay, passengers are entitled to compensation in certain situations. 2) If your flight arrived at its destination more than 3 hours behind schedule, then you may be entitled to compensation. The amounts of compensation payable are: i) Euro 250 for flights of 1500km or less ii) Euro 400 for Intra-Community flights of greater than 1500km & all other flights between 1500 and 3500km iii) Euro 600 for all flights over 3500km* Note: *If we are able to offer an alternative flight and your arrival is within 3 and 4 hours of your original scheduled time of arrival, then the compensation payable is reduced by 50% I am claiming for two passengers including myself so going by the guidance should the compensation not be 2 x Euro 250 = Euro 500 ? Will get the lba posted up hopefully today for you guys to have a pick at (Please bare in mind this is the first lba I have ever done so will probably need some help) regards, tissot
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Hi Disgruntled, Details are as follows, ZB214 Gatwick to Faro 25th June 2017 Scheduled arrival: 1900hrs Actual arrival approximately: 2215hrs Regards, tissot
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Its more to do with the CAA providing written evidence should it go to court, that way I have an authorised body agreeing with my claim. Would a judge see more favourably with this evidence or am I barking up the wrong tree ? If I am then I shall start drafting up the lba and get you guys to give it the once over before I send it.
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