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  • FIRST POST
    • Brain$torm
    • By Brain$torm 23rd Nov 16, 11:11 PM
    • 58Posts
    • 57Thanks
    Brain$torm
    PCN in Poole, UK CPM, DRP Ltd, Gladstones, County Court Papers received
    • #1
    • 23rd Nov 16, 11:11 PM
    PCN in Poole, UK CPM, DRP Ltd, Gladstones, County Court Papers received 23rd Nov 16 at 11:11 PM
    Hi, I have read through the newbie thread, tried to get my head around the relevent parts, still a bit confused, so now I'm starting my own thread. I'm trying to help my friend sort out this major issue, I'd be grateful for any advice / guidance.

    My friend's a carer, and on the day in question, she was with her disabled client. She parked in a spot outside a shop on Ashley Road in Poole. Her client cannot walk on uneven surfaces unaided, so she helped her to walk to the shop next door to the one she parked outside. It's a busy high street, there's no parking anywhere and she didn't see the parking sign on the door as it isn't very clear, it's at the bottom of the door, with signs above and to the side of it. It doesn't stand out. She was parked there for approximately 10 minutes. Whilst sitting in the shop, waiting for her client, she saw a man walk out of the shop next door and take a photo of her car. After her client had finished, they both walked into the shop to ask why he had taken the picture. The man pointed to the sign on the door, explaining that she couldn't park there. My friend's client went on to explain about her disability and that she cannot walk unaided, he said it was too late as he already sent the picture to the parking company and there was nothing he could do. I personally think that's a load of crap though, and there was plenty he could have done, if he wanted.

    I have paperwork from UK Car Park Management, Debt Recovery Plus Ltd, Gladstones Solicitors and now County Court Papers

    I am going to dispute the full claim and write a defence statement for her, I'm just not quite sure where to start.

    Please can you help me to deal with this matter.

    Thanks in advance
Page 6
    • Brain$torm
    • By Brain$torm 3rd Apr 17, 5:17 PM
    • 58 Posts
    • 57 Thanks
    Brain$torm
    No apology necessary, it was a simple misunderstanding nothing more. A common problem with non verbal communication.

    Let's get the focus back on winning your case. Have you been given a 'reconvene' date yet?

    Also, as it was their fault that the case couldn't proceed last time - did the judge make a wasted costs order in your favour.?
    Originally posted by Lamilad
    The case has been moved to June.

    No, the judge didn't mention any costs at all. However, I've made a revised Schedule of Costs due to the lying and time wasting.
    • Brain$torm
    • By Brain$torm 13th Jun 17, 5:00 PM
    • 58 Posts
    • 57 Thanks
    Brain$torm
    Just got back from court, the judge struck out the case, due to the less than sparse particulars.

    Another victory!!

    Thank you for all the help and support
    • beamerguy
    • By beamerguy 13th Jun 17, 5:08 PM
    • 6,348 Posts
    • 8,155 Thanks
    beamerguy
    Just got back from court, the judge struck out the case, due to the less than sparse particulars.

    Another victory!!

    Thank you for all the help and support
    Originally posted by Brain$torm
    Well done

    The parking prankster would be pleased to hear from you

    Please give us a brief account of the sparse particulars on here

    As it was Gladstones, nobody will be surprised at the incompetence
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Umkomaas
    • By Umkomaas 13th Jun 17, 5:11 PM
    • 15,542 Posts
    • 24,257 Thanks
    Umkomaas
    Just got back from court, the judge struck out the case, due to the less than sparse particulars.

    Another victory!!

    Thank you for all the help and support
    Originally posted by Brain$torm
    When it's all sunk in, would you mind providing a bit more detail about what the judge said, what the PPC's rep said, who attended on behalf of the claimant, who the judge was, etc? We can be like baying wolves once we get a scent of PPC blood!

    Were you awarded costs by the judge?

    Well done on your win.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Lamilad
    • By Lamilad 13th Jun 17, 6:07 PM
    • 1,178 Posts
    • 2,340 Thanks
    Lamilad
    Brilliant news, well done.

    As above would love to have a report of how it all unfolded in court and what the judge said. We'll then use your case to help others.

    As BG says you can also send this to pranky, he'll love this!

    Are you sure the judge "struck out" the claim or was it "dismissed"?
    • Brain$torm
    • By Brain$torm 13th Jun 17, 7:14 PM
    • 58 Posts
    • 57 Thanks
    Brain$torm
    Yes, he struck it out. I'll tell more later.
    • Coupon-mad
    • By Coupon-mad 13th Jun 17, 8:39 PM
    • 51,537 Posts
    • 65,144 Thanks
    Coupon-mad
    Hi, I have read through the newbie thread, tried to get my head around the relevent parts, still a bit confused, so now I'm starting my own thread. I'm trying to help my friend sort out this major issue, I'd be grateful for any advice / guidance.

    My friend's a carer, and on the day in question, she was with her disabled client. She parked in a spot outside a shop on Ashley Road in Poole.

    Her client cannot walk on uneven surfaces unaided, so she helped her to walk to the shop next door to the one she parked outside.

    It's a busy high street, there's no parking anywhere and she didn't see the parking sign on the door as it isn't very clear, it's at the bottom of the door, with signs above and to the side of it. It doesn't stand out.

    She was parked there for approximately 10 minutes. Whilst sitting in the shop, waiting for her client, she saw a man walk out of the shop next door and take a photo of her car. After her client had finished, they both walked into the shop to ask why he had taken the picture. The man pointed to the sign on the door, explaining that she couldn't park there.

    My friend's client went on to explain about her disability and that she cannot walk unaided, he said it was too late as he already sent the picture to the parking company and there was nothing he could do. I personally think that's a load of crap though, and there was plenty he could have done, if he wanted.

    I have paperwork from UK Car Park Management, Debt Recovery Plus Ltd, Gladstones Solicitors and now County Court Papers

    I am going to dispute the full claim and write a defence statement for her, I'm just not quite sure where to start.
    Originally posted by Brain$torm
    Well done!

    I am quoting the above to remind us all what this case was about, when you came here six months ago. I remember this one well, a sign hidden above the kick-plate at the bottom of a random door of a nearby shop, of all places, not near the kerb, on what looks like public highway (road) and the sign was totally unreadable by its positioning, in fact impossible to even see.

    Fraudulent, possibly. Unfair business practice, failing the Consumer Rights Act 2015 test of 'Transparency' in contracts, definitely. Something for a formal complaint to Trading Standards, I would say.

    Please tell us about the day, a ''court report'' from the defendant and how they felt/what happened.

    Looks like Bournemouth - claim no. C2GF3X6K/2 ?
    Last edited by Coupon-mad; 13-06-2017 at 8:44 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • richy4
    • By richy4 27th Jun 17, 9:39 AM
    • 136 Posts
    • 25 Thanks
    richy4
    Bump...would love to hear how this went in Court please
    • Brain$torm
    • By Brain$torm 4th Jul 17, 10:45 PM
    • 58 Posts
    • 57 Thanks
    Brain$torm
    Hi everyone,

    Really sorry it's taken a while to get back to you all.

    Anyway, back on subject.....

    The decision letter from the court came through the other day, it reads as follows:

    It is ordered that the Claiment' case be struck out pursuant to CPR 3.4 (2) (c) the Claiment having failed to comply with CPR 16.4 and the practise direction thereto.

    Ordinary costs were awarded, loss of earnings and fuel costs of £111.20. Further costs pursuant to Civil Procedure Rule 27.14(2)(g) were not. I tried to argue for the additional costs, but, the judge went against it.


    When we got to the court in June, similar to the first hearing, the Claiment's rep tried to engage in conversation with us. I told him that we wouldn't say anything to him unless it's infront of a judge. He then tried to give me some notes, the full IPC Code of Practice and other case papers. I told him that we both know they should've already been sent to us and that I wasn't accepting them.


    In the court room, the judge explained how the proceedings would follow. He then asked me if I'd like him to look into the point I had raised that the Particulars of Claim did not meet the requirements of Practice Direction 16 7.5 referenced by Practice Direction 3A. I said "yes I would." After reading out passages from a couple of very thick books, he then read out the particulars of claim that he had, the only words on there were "parking charges", the rest were dots, dashes and numbers. The Claiment's rep was asked to explain how these Particulars did meet the requirements and why the case shouldn't be struck out. We then argued why they didn't. More passages from the thick books were read out by the judge, the decision to strike it out was then made.

    • Coupon-mad
    • By Coupon-mad 4th Jul 17, 10:47 PM
    • 51,537 Posts
    • 65,144 Thanks
    Coupon-mad
    Sounds like fun, the Judge was clearly on your side in this case - well done!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Umkomaas
    • By Umkomaas 4th Jul 17, 10:59 PM
    • 15,542 Posts
    • 24,257 Thanks
    Umkomaas
    Well done you. :
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Brain$torm
    • By Brain$torm 4th Jul 17, 11:12 PM
    • 58 Posts
    • 57 Thanks
    Brain$torm
    Sounds like fun, the Judge was clearly on your side in this case - well done!
    Originally posted by Coupon-mad
    Yes he was, the judge was great. Really funny and came across as a nice guy.

    I've been really suffering from my health conditions lately, so I'm glad it went well.

    It's a bit of a shame the original hearing got adjourned, as that judge had White vs City of Westminster in his hand when we went in, and read lots of examples of what was a public highway. As we were walking out of the room, he said to the Claiment's rep, "are you sure your clients want to proceed with this case?" I then could've taken that judgement back to the DVLA and told them where to stick their original "investigation" and will they now act on this judgement.

    Still, I can't be too upset with the outcome.
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