PCM/Gladstones Claimform - scratched 7am not PM on visitors voucher - Tachbrook SW1 V (Peabody Estate Pimlico, London).

[dx100uk]

On 28/11/2022 at 21:46, Disgruntled driver2022 said:

and that they should include any correspondence between themselves and any third parties.

 

nope that's not strictly your data, where did you get that idea that you are entitled to that from?

 

i have a nasty feeling you've been wrongly following your mates advice, you must have gotten a letter of claim too? those should never be ignored.

 

the SAR serves not real purpose sadly now, that should be done via a CPR 31:14....

however please complete this sticky AS A PRIORITY.

 

also scan up every correspondence in/out, bothsides of everything, suitably redacted to ONE MULTIPAGE PDF ONLY.

 

read our upload guide CAREFULLY

 

dx

[dx100uk]

you need to get this moving........

[dx100uk]

thread tidied

 

dx

 

[dx100uk]

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.

………….
 

[dx100uk]

it is also worthy to note they have your email address

 

you need to kill that ASAP now, by sending ONE further email to them stating email is NOT to be used for any further comms regarding our mutual claim., else they will be sending stuff i min before a court deadline removing your chance to counter them.

[dx100uk]

just type in the box no need to hit quote or anything

 

you need to get that CPR moving.

you dont need a reply to file your defence

 

it will be the std generic one further down in the court Q&A you filled out telling us about the claim.

 

dx

 

 

On 01/12/2022 at 12:42, dx100uk said:

 

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

 

[dx100uk]

no you dont ask them about planning.

 

you use that in your WS later.

 

your defence is due by 4pm tuesday 

 

go here

 

scroll down to 2, defence.

 

that is what you use.

 

dx

[dx100uk]

 

so you've obviously not bothered in the weeks since your last post TO READ UP .

 

carry on like that and you WILL LOSE.

 

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (read all the posts in N180 link above for the reason)

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

dx

[dx100uk]

the claim total...... is the claim total!!!

thats why its called small claims.

 

 

 

 

[dx100uk]

9 hours ago, Disgruntled driver2022 said:

Also, I believe I made my request to them in December but they have only responded on 2nd February, which is outside the 14 days period for them to respond, which was in my request to them.

 

there is no time limit.

 

but if you'd been reading up you'd KNOW they have to produce everything they intend to rely upon at the disclosures stage later in the court process.

 

9 hours ago, Disgruntled driver2022 said:

They also sent me a copy of the 'Notice of Transfer of Proceedings'. I am not sure what will happen next, or if there is anything else I should be doing at this stage.

 

they the fleecers did not send you notice of transfer of proceedings' the COURT DID.

 

 get reading up not disappear for a whole MONTH without doing ANYTHING.

 

 

 

[dx100uk]

yes SAR.

 

 

 

you mean they have sent you their Witness statement

scan it all up to one mass PDf inc the exhibits.

 

what date is the court hearing 

and what date have YOU got to file YOUR Witness Statement by?

scan up the court order please ASAP.

 

again you disappear for a month and have done stupid again by thinking you could send an FIO 

 

dx

 

 

[dx100uk]

On 12/12/2022 at 15:21, Disgruntled driver2022 said:

Hi again guys,

 

I'm about to send of the defence before the deadline which I believe is tomorrow.

 

Is it ok to just send this as it is?

 

 

The Defendant contends that the particulars of claim are vague and 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.  The Defendant is the recorded keeper of [********].

 

2.  It is denied that the Defendant entered into a contract with the Claimant.

 

3.  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 simply contracted by the landowner 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.  Accordingly, it is denied that the Claimant has authority to bring this claim. 

 

4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

 

5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 

 

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

 

Please advise so I can sort this evening.

 

you filed a defence last december.

 

now its been allocated and she has a court date, next is her Witness statement.

 

scan up the whole letter all pages from the court whereby they give this date and other info. like WS filing date.

 

make it a PDF less than 4.8MB and then hit choose file at the bottom of these msgs box in a new post and upload it.

 

dx

 

[dx100uk]

n157 is the priority

 

then the claimants ws.

 

if files are greater than 4.8mb

read upload

use the sites listed there

like pdfruducer to make files smaller

or split large file up to bits less than 4.8

we can deal later

 

n157 court letter please 1st.

 

dx

 

[dx100uk]

Can we have the court letter that tells you the date of the hearing etc... Whatever it is you got.

 

Dx

[dx100uk]

Ok well typically rhere is a date the fleecers must pay their hearing fee, then a date (typically 14 days before the hearing) whereby you must send your ws by.

 

but there might be an earlier date listed. Try and find it as if you screw up your ws content or are late, you will be screwed.

 

the court. Nor the fleecers will care you have 'other issues'. They will nail you given the slightest excuse and you will lose by default.

 

Dx

[dx100uk]

It reads that they are not attending, which if true, or they are not employing a locum, then if your ws is tight and you attend you'll win by default.

 

Dx

[dx100uk]

you speak when spoken too......

and only reply as you have in your defence/witness statement.

if you hear the fleecers tell a white lie, you bring it up as so using the proof you provided in the above ....

DON'T enter into any little chats before you go in.

if approached smile and walk away....they pull every kind of stunt to unsettle you before you go in

typical one is their local rep whos there ( won't be gladstones) will claim you did not send their client a copy of your WS.

 

dx

 

[dx100uk]

who said that?

if they got judgement you have 28 days?

[dx100uk]

well neither that, nor the fact you must contact the ppc is correct..so i'd go with judge lottery.

you are wrong on this...

2 hours ago, Disgruntled driver2022 said:

Well, to be honest, I felt they had me bang to rights from the start,

and i've gotta say you've somewhat yourself to blame too for not getting that ws up and checked properly and dragging your feet at nearly every stage.

dx