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

[Disgruntled driver2022]

Thank you FTMDave 

[Disgruntled driver2022]

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.

 

 

 

 

 

[FTMDave]

Yes, that's fine.  Good work.

 

Once that's done this evening please come back and we can move on to what needs to be done next.

[Disgruntled driver2022]

Thank you. 

 

Hi guys,

 

I've sent of the defence as noted above.

So, do I need to send something to Gladstones next asking for the evidence they are going to rely on?

 

[brassnecked]

No don't do that, let the Court process continue.

[Disgruntled driver2022]

Ok, so what do I do next. Should I be preparing evidence for a witness statement?

Do you know how long I will be given to complete that process?

[FTMDave]

Well done on the defence. 

 

What you need to do now, slowly when time permits, is to build up a case to smash the fleecers with in your Witness Statement further down the line.

 

1.  If you haven't already done it, get a CPR request off as dx explained in posts 17 and 27.  The charlatans either won't reply or in a measly-mouthed reply will refuse to show planning permission or a contract with the landowner, and you can embarrass them with this in the WS.

 

2.  Read  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments  This thread is short and you will see all the stages of the court procedure.

 

3.  Get onto the planning permission portal of whatever council area the car park is in, and see if the fleecers have PP for their signs.  Clue - there will be no planning permission to find.

 

4.  Push your friend to get a copy of her lease/rental agreement.  This is vital.

 

To answer your questions.

 

Yes, you should, bit by bit, gather evidence for the WS.

 

How long?  Depends on how overworked the courts are.  Certainly some months.

Edited December 17, 2022 by FTMDave
Typo

[FTMDave]

Any update?  Have you done CPR?

[Disgruntled driver2022]

Sorry, i've only just seen this message.

 

I completely forgot about doing that. Really sorry, I've got so much going on at the moment. Wrong time of year to have to deal with these issues. I will get that done hopefully on Friday.

Please remind me, is that like an SAR to the solicitors?

 

Also, I heard from the courts yesterday. 

They sent an acknowledgement receipt of my defence.

[Nicky Boy]

CPR...

 

 

[Disgruntled driver2022]

thank you Nicky Boy

[FTMDave]

Understood about lack of time, but sadly the courts are uninterested in people's individual circumstances.

 

You need to do what is set out in post 59.

[Disgruntled driver2022]

Thank you FTMDave, I will do.

[Disgruntled driver2022]

Hi Guys, 

I received a "Notice of Proposed Allocation to the Small Claims Track".

I'm not exactly sure what I am supposed to do with it. It seems as if a copy was sent to both myself and the claimant. It also seems to be checking whether we would want to go for mediation to settle the matter.

I wanted to ask the question as to whether it would be best to mediate at this stage. Reason why I am asking is:-

 

• the tenant I was visiting is abroad so cannot locate her tenancy agreement at this time. She also insists that it does not contain any right to her parking on her estate. She said the contract appears to be made up of several booklets as far as she can remember, the agreement she signed said nothing about parking. She said there has always been parking restrictions since she moved there some 17 years ago. I have asked her a few times about this but, she seems reluctant to to request a copy because she thinks it is pointless. So without this vital document, I am not sure how far I can really go.

 

• I haven't heard back from the claimants as yet. In fact, when I checked the Royal Mail tracking it said the letter was delivered to the solicitors on 5th, even thought it was posted on 23/24 December. I don't think the postal strike helped. So I don't have any thing from them to strengthen my case e.g. lack of contracts re: permission to put up signs on the estate. They may still have access/copies of the contracts giving them permission.

 

• I can't prove that the driver filled in the scratch cards incorrectly due to the time that has passed. I can't access the CCTV images and GPS google tracking on the mobile as it did not seem to record movements that day. 

 

• The only thing I have to prove that the car was not on the estate at the time noted on the scratch cards are witnesses that can testify to the time the car arrived did arrive. I don't think they would stand up in court as it is just our word for it.
•  

I think my defence is going to be weak as a result of the above. therefore, will pursuing this end up costing me even more money with added court costs etc?

 

Please can you guys address each point above for me and let my know your opinions.

 

Many thanks in advance.

 

I should add, I have to complete the directions questionnaire form N180 and file it with the court office by 20th January. I am going abroad on Friday and not coming back until that day so will have to do it whilst I'm away.

[FTMDave]

On 11/01/2023 at 00:53, Disgruntled driver2022 said:

I should add, I have to complete the directions questionaire form N180 and file it with the court office by 20th January. I am going abroad on Friday and not coming back until that day so will have to do it whilst I'm away.

No problem, it's just a simple form.

 

Why not deal with it tomorrow?  It will take all of five minutes.  You then e-mail the court their copy and send the fleecers theirs by 2nd class post with a free Certificate of Posting.

 

What to do is written on every single claim form thread on the forum.

 

CAG is a self-help site, surely you've read threads by others in a similar position.

 

 

 

On 11/01/2023 at 00:50, Disgruntled driver2022 said:

I have asked her a few times about this but, she seems reluctant to to request a copy because she thinks it is pointless.

I'll reply to your other points tomorrow - knackered now - but this is simply disgraceful.

 

An easy, straight forward thing to do, to ask for a copy of a document from the body she has a contract with and presumably would cooperate immediately.  After all, it's a click of a computer to send a PDF file.

 

You have a relationship with this woman, so it's easy for me to say, but given her behaviour I would be telling her either she gets a move on or she will be added as a Third Party to the court case which she would then lose due to being abroad and would have a CCJ and a knackered credit file in GB for six years. 

 

More tomorrow.

[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

[FTMDave]

OK, I'm more awake now so to answer your points.

 

As dx has explained, the DQ is a simple form and you can deal with it in two minutes today, then enjoy your trip away from Friday.

 

The fact there has been no reply to the CPR request is - good!  Think about it.  They refuse to produce legal permissions.  It's almost as if they don't have them ...

 

If you have witnesses prepared to write a short witness statement then great.  This is not criminal court, it's civil with a much lower standard of proof.

 

The way the court process woks is that costs are already included in the claim, so you lose nothing by fighting.  Give in now and you pay costs.  Lose in court and you pay costs.

 

Of course we are here to help you win in court.

 

What someone remembers from a document can be very different to what is really in the document.  It should take a matter of minutes to request and receive a copy of the tenancy agreement and it bemuses me why this person is so uncooperative.

[Disgruntled driver2022]

Thanks FTM Dave.

I think i was worried about more costs being added to what they are already asking for given that my balance of proof is so low. So, is what they are asking on the claims for the total they will be asking for if it goes to court?

 

Also, re: my friend, it's not so much that she's being uncooperative, she said she really doesn't think it will help as she doesn't recall anything being in there about rights to parking. I will ask her again to request it anyway. She also said she didn't know how to go about requesting it as they don't have a local housing office anymore. I will try again to get her to just send them a request for it through whatever electronic methods they have in place.

[dx100uk]

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

thats why its called small claims.

 

 

 

 

[FTMDave]

6 minutes ago, Disgruntled driver2022 said:

So, is what they are asking on the claims for the total they will be asking for if it goes to court?

Currently the amount is £265.  If you lost in court you would have to pay an extra £25 for the hearing fee but the judge would reduce - yes reduce - the £20 interest by a few quid.

 

It's also probable - but not certain - that the judge would disallow the £60 Unicorn Food Tax they have made up.

 

So worst case scenario, around £285.

 

9 minutes ago, Disgruntled driver2022 said:

she doesn't recall anything being in there about rights to parking.

Surely it's just common sense that it's better to see the thing in B&W rather than relying on someone's memory.

[Disgruntled driver2022]

I am going to try again. She is just convinced it won't help but I will get her to obtain a copy or her agreement.

 

[Nicky Boy]

Think this may be the management company for the estate?

There is something here about "MET parking" which does not match up with the current fleecers.

 

Maybe worth using the "contact us" section at the bottom of the page to ask for more info?

 

StackPath

WWW.PEABODY.ORG.UK

 

[Disgruntled driver2022]

The tenant said MET parking was the previous company. 

[FTMDave]

So a fortnight has passed.

 

Any update regarding the tenancy agreement?

 

 

[Disgruntled driver2022]

Unfortunately not yet, and I have not heard back from Gladstone's with the request made to them either.

 

Apologies for the delay in responding. I have been abroad and when return have been unwell.