Unknown PCM/Gladstones CCJ - PCN Academy Central Development *** CCJ -Struck Out ***

[Karalius]

Update :

Nobody has turned up from Gladstones it took 5 minutes for the hearing.

 

District Judge Pigram has set aside the original judgement (woohoo).

 

He advised me to make a formal defence by 28th February 4pm and send it to court and claimant.

 

I made a mistake and did not print out a copy of my tenancy agreement to prove that I have in fact moved, I showed him on my phone and he accepted it.

 

My question now is

I am moving out with my family on Friday 23rd February into another house as our tenancy expired.

 

I will have all mail forwarded via Royal Mail for 6 months. Will this protect me from getting all the mail?

 

Can someone please help me with drafting a formal defence and advise on what the next steps I should take?

[dx100uk]

redirect is ok

your defence will tell the court your new address for service

you already have the bones of that

[ericsbrother]

you inform the court of your new address. It would be advisable to inform Gladdys as well so they send documents to the correct address. they may well try sending stuff to the old one anyway in the hope that they sneak stuff in under the radar, wouldnt be the first time.

 

AS for defence you need to just get the skeleton arguments accress but i would include a bit of detail rather than just saying supremacy of contract. PCM will then have to either drop the matter or show their hand.

 

You can now do a CPR 31.14 request for documents as in essence it all starts again. They wil claim that as small claims track it doesnt count but at least you will have given notice of what you expect them to produce to show their basis of claim. You can also rubbish the original POC if you now have a copy

Edited February 14, 2018 by honeybee13
Paras

[dx100uk]

send the cpr below from your new address

then gladdy's ca't get away with sending stuff to your old one

 

to the solicitors

 

[Your address]

.

 

[Their address [solicitors]

.

[Date]

.

 

Dear Sir or Madam,

.

Re: (Claimant's name) v (Your name) Case No:

.

CPR 31.14 Request

.

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

.

1. the contract between [parking company name] and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,.

.

2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

.

3.copies of the notice to driver, notice to keeper and any other correspondence from [insert Claimant Name] & [insert Solicitors Name} to the defendant that they intend to rely upon in court.

.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience..

.

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

.

Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

.

If you are unable to comply with this request within 14 days and believe that you will never be able to comply with this request please confirm in your response.

.

You are reminded that as this case is yet to be allocated to a track, CPR31:14 does apply, a refusal to comply because you 'think' at this stage you dont have too will be used against you in any filed defence.

.

 

Yours faithfully

.

TYPE YOUR NAME DO NOT SIGN IT

[ericsbrother]

so get that sent off today by 1st class post

[Karalius]

so get that sent off today by 1st class post

 

Thanks both Eric & DX! I will get this out today. What if they send me any documents anytime this/next week and it will arrive at new address? I will only be able to collect the keys until next Friday 23rd.

 

Also quick question regarding the date on this line - I have not received the claim form and do not know the date? I only have the date of Judgement for Claimant which is June 2017 "On (date) I received the Claim Form in this case issued by you out of the (Name) county court."

 

Thanks

[dx100uk]

ring northants and ask for a copy by email PDF

you'll need the CCJ number mind

[Karalius]

Thanks DX.

Below is what they have sent me.

 

Is this the date that I should put down 12/11/2016?

I did not actually receive this claim form though.

 

1.the driver of the vehicle registration ------- (the 'vehicle') incurred the parking charge(s) on 12/11/2016 for breaching the terms of parking on the land at academy central development

the defendant was driving the vehicle and/or is the keeper of the vehicle.

 

and the claimant claims £160 for parking charges / damages and indemnity costs if applicable, together with interest of £5.58 pursuant to s69 of the county courts act 1984 at 8% pa, continuing to judgment at £0.04 per day.:

[dx100uk]

yep

[Karalius]

Thanks! On my way to post office now. I will get receipt of sending 1st Class post too.

[ericsbrother]

they have used their standard template that deliberately conflates the driver to being the keepr and vice versa.

 

Basically they have no evidence of anything and havnet followed procedure nor explained their cause for action against you as the KEEPER of the vehicle.

 

They have also ignored the law and made the sum £160 because they feel like it rather than claim the amount that is legally agreed and bound by the terms of the POFA if inded they are claiming keeper liability.

 

If they weant £160 then they have to prove that 1) you were the driver at the time and 2) the signage has a condititon that allows the additional monies to be claimed and they never do, just sometimes a vague rambling about recovery costs and of course that wouldnt include Gladdys unicorn food tax at a fixed rate.

Edited February 15, 2018 by honeybee13
Paras

[Karalius]

Thank you Eric. Understood above many thanks.

Last night I have emailed courts to change my new address and sent the CPR template posted by DX to Gladstones as 1st Class and got proof of sending.

 

When would you suggest I change my Royal Mail forwarding to the new address?

I guess sometime early next week should be set up as it takes few days to become active.

 

My understanding is that I should have my full defence ready by latest 25th/26th February to send over to courts and Gladstones so it reaches them by 28th 4pm.

 

I forgot to ask the Judge, but I understand once they both receive my defence they will issue another hearing date?

 

For the defence part - is it something that you may be able to help and word it correctly or advise how I can actually do it?

 

Many thanks

[ericsbrother]

Give RM the date and they will do it from then.

You dont want to leave it too late before signing up for the service

but when you do your post will still go to your current address until the date you have given them to forward it from.

 

As for your defence,

we will of course help you but it would be helpful if you can get pictures of the signage at the site as I bet that will sink their claim of a contract as much as your rights to be there as they normally say something like no unauthoried parking and that aint an offer of a contract.

[Karalius]

Thanks Eric, I have actually just now set up RM, didn't realise I could have set up a moving date, this will give them time to update.

 

I have taken the pictures previously, please find attached document.

If need be I can visit once again and take new?

 

Also as stated previously, in their original proof they have attached a sign which had L&Q sign next to it.

I could not locate this sign at all and suspect it was in different area or taken elsewhere.

 

Thanks once again!

convert-jpg-to-pdf.net_2017-11-11_17-05-26.pdf

[ericsbrother]

then you use that to clobber them with their own stick. Were you a london and Quadrant tenant either there or elsewhere? If not then its terms wouldnt apply to you anyway so the wording of the signage is contractdictory or superfluous

[Karalius]

No I was not L&Q tenant. My friend lived in that particular block who I was visiting.

 

That sounds great I can't wait to use that stick ! Is there anything in particular that I should be doing right now not to waste any time?

 

Thanks

[ericsbrother]

read up on other claims that have been knocked back on supremacy of contract and ask your friend for a copy of his tenancy so we can see if parking is mentioned. The signage is prohibitive anyway but another stick will be good

[Karalius]

Thanks I will read some on above.

 

My friend does not live there anymore and sadly does not have a tenancy contract anymore for me to see.

[ericsbrother]

You rely on the signage being prohibitive and the fact that PCM will have got various other things wrong.

 

Get on to the DVLA and find out exactly when they accessed your keeper details.

the DVLA have a habit of just waffling on this rather than saying who and when so dont put up with a shoddy response and make sure you are specific about what you want so they have to actually have a look

[Karalius]

I have called DVLA twice this morning and spoke with 2 different operators.

They said they do not provide this type of information over the phone - is this a lie?

 

I would have to write in to them which would take 2-4 to get a reply back which doesn't help me I guess.

I specifically made it clear that I have a court hearing coming up and I need the information to rely on in court.

 

EDIT : I have found this post somewhere, perhaps this is what I need to do?

 

You should simply write to the DVLA requesting that they they provide you with the details of who has been making enquiries about your vehicle - giving its details and, preferably, proof of ownership (copy of the V5C - even though they could confirm that themselves). Setting out a period in which you believe the(se) enquiry(ies) have been made would make their life somewhat easier. Write to:

 

Release of Information

Paying Enquiries Section

DVLA

Swansea

SA99 1AJ

 

Thanks

[DragonFly1967]

No, unfortunately they won't give out the information on the phone.

 

Writing to them is your only option.

Although I did find an email address which might be slightly quicker (but only by a day or so). SubjectAccessRequests@dvlagsigovuk

 

I have used that in the past and got an answer (took 2 or 3 weeks), although I would follow it up by post at the same time just to be sure.

 

In your defence WS,

I would make reference to the fact that you have contacted the DVLA to ask for this information but that it is not immediately available. And that you will ask the courts leave to introduce it as evidence at the hearing if it is relevant.

 

Gladrags won't like it, but county courts are quite lenient when it comes to LiP's, so they may or may not allow you to do that.

[ericsbrother]

the DVLA dont want to make it easy for you as they are making money out of this fraudulant accessing of data and really should be held to account for it but they also tell lies about their auding porcedures to parliament ( well they omit all of the detail that shows them up so the end result isnt the truth)

[Karalius]

Hi, thanks Eric & DragonFly! I will write an email today and post a letter first class tomorrow morning. Could you please advise if below will be OK to send out or should it be worded differently?

 

My name & address

 

To whom it may concern

 

I write to request that DVLA provide me with the details and reason of who and why enquires have been made on my vehicle during period of October 2016 - October 2017. This information is urgent and is required for my upcoming court case.

 

My vehicle details are : ------- I also attach a V5C document to prove my ownership of the vehicle.

 

Many thanks

[ericsbrother]

make it clearer, WHO HAS REQUESTED ACCESS TO MY KEEPER DETAILS AND WHEN

all very simple, if you ask why then they will send the sock rubbish response. You are not interested in why because you know it is a false reason according to the POFA and you dont want the DVLA wasting time avoiding getting themselves into trouble

[Karalius]

Thanks Eric! I will rephrase that and have it all sent out today.

 

Many thanks