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  • FIRST POST
    • Mayur82
    • By Mayur82 11th May 17, 9:07 PM
    • 13Posts
    • 3Thanks
    Mayur82
    Help needed after receiving claim form
    • #1
    • 11th May 17, 9:07 PM
    Help needed after receiving claim form 11th May 17 at 9:07 PM
    I require some advice on how to proceed after receiving a claim form from Parking and Property Management Ltd.

    I initially received a PCN at my residence for failing to display a valid parking permit. At the time I thought the correct thing to do was to ignore the notice. I then received a reminder some time after which I also ignored. Next a letter came from gladstones solicitors threatening to take me to court. I did my research and responded to them with the following letter:

    I have received your Letter Before Claim dated 17th February 2017.

    First, the alleged debt is disputed and any court proceedings will be vigorously defended.

    Secondly, the letter you have sent is not fully compliant with the Practice Direction Pre Conduct and Protocols.

    Please therefore provide a Letter Before Claim, which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct:



    I confirm that I shall then seek advice and submit a formal Response within 30 days of receipt, as required by the Practice Direction.

    Please ensure that someone does actually read and respond to this letter, providing the specific information relating to the county court claim that your client intends to make against myself as the defendant to the proposed legal proceedings. Please DO NOT send a generic FAQ letter in reply as to do so does not meet the requirements of the Practice Direction and will take this matter no further forward.

    Please note, a refusal to comply with the Practice Direction will result in an immediate referral to the Solicitors Regulation Authority for breach of the Principles contained in the SRA Handbook.

    I trust this will not be necessary, and look forward to receiving a fully compliant letter before claim in due course.

    I never got a reply from gladstones and then just over a week ago I received a claim form.

    I am unsure how to proceed.
Page 1
    • Redx
    • By Redx 11th May 17, 9:11 PM
    • 17,181 Posts
    • 21,469 Thanks
    Redx
    • #2
    • 11th May 17, 9:11 PM
    • #2
    • 11th May 17, 9:11 PM
    if its a claim form (MCOL) from Northampton, you should read and follow post #2 of the NEWBIES sticky thread

    then look for similar threads about GLADSTONES , MCOL and RESIDENTIAL PARKING cases and follow their lead, as some of them are a lot further down this track than you are
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • beamerguy
    • By beamerguy 11th May 17, 9:43 PM
    • 6,747 Posts
    • 8,740 Thanks
    beamerguy
    • #3
    • 11th May 17, 9:43 PM
    • #3
    • 11th May 17, 9:43 PM
    Bit confused, so have you received an actual claim from Northampton

    As said ... post #2 of the NEWBIES sticky thread

    Gladstones is a mickey mouse outfit who at the best of times do not have a clue, so not replying to your letter probably means they do not know what you are talking about ... a judge will

    Read up on how these so called solicitors behave in court ...
    Gladstones are simply a huge joke

    http://parking-prankster.blogspot.co.uk/search?q=Gladstones

    Will Hurley and John Davies by the way run Gladstones and are the two jokers in the pack

    As you will see, Gladstones are completely incompetent
    Last edited by beamerguy; 11-05-2017 at 9:50 PM.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Mayur82
    • By Mayur82 18th May 17, 3:06 PM
    • 13 Posts
    • 3 Thanks
    Mayur82
    • #4
    • 18th May 17, 3:06 PM
    • #4
    • 18th May 17, 3:06 PM
    Should the main argument in my defence say how gladstones have not followed the guidelines set out in the practice direction? If so that's basically what I have written in my letter above so can that letter be used as my defence?


    Once I have drafted my defence letter can I post it here to get some feedback and advice?
    • Fruitcake
    • By Fruitcake 18th May 17, 3:52 PM
    • 40,726 Posts
    • 81,320 Thanks
    Fruitcake
    • #5
    • 18th May 17, 3:52 PM
    • #5
    • 18th May 17, 3:52 PM
    What does your lease/AST say about parking, or do you own the parking space?

    If there is nothing in your contract with the landowner about parking, or parking permits, or having to pay a charge for not displaying a permit, then this will be your main defence if it gets to court.

    Have a look here about what judges have said about scammers trying to add on Ts ad Cs to an existing contract.

    Quote the court cases in your response, especially the Jopson vs Homeguard case. Also rebut Elliot vs Loake if it is mentioned.

    http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

    You could always respond with your own LBC, modified from this most excellent jobby.

    https://www.scribd.com/document/348528763/LBC-v2
    Last edited by Fruitcake; 18-05-2017 at 4:08 PM.
    I married my cousin. I had to...
    I don't have a sister.

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    "You're Safety Is My Primary Concern Dear" - Laks
    • Mayur82
    • By Mayur82 18th May 17, 4:29 PM
    • 13 Posts
    • 3 Thanks
    Mayur82
    • #6
    • 18th May 17, 4:29 PM
    • #6
    • 18th May 17, 4:29 PM
    Each apartment in my block of flats is allocated one parking bay. At the time of receiving a PCN my gf was parked in our allocated spot and I was parking in an empty bay. I'll have to check details of the lease but I'm fairly certain I was breaking the rules by parking in a bay not allocated to my flat.
    • Coupon-mad
    • By Coupon-mad 19th May 17, 12:05 AM
    • 52,907 Posts
    • 66,430 Thanks
    Coupon-mad
    • #7
    • 19th May 17, 12:05 AM
    • #7
    • 19th May 17, 12:05 AM
    Should the main argument in my defence say how gladstones have not followed the guidelines set out in the practice direction? If so that's basically what I have written in my letter above so can that letter be used as my defence?
    Originally posted by Mayur82
    No, that's not your defence, that's merely an aside.
    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.

    • Mayur82
    • By Mayur82 25th May 17, 9:45 PM
    • 13 Posts
    • 3 Thanks
    Mayur82
    • #8
    • 25th May 17, 9:45 PM
    • #8
    • 25th May 17, 9:45 PM
    [QUOTE=Fruitcake;72568087]What does your lease/AST say about parking, or do you own the parking space?

    If there is nothing in your contract with the landowner about parking, or parking permits, or having to pay a charge for not displaying a permit, then this will be your main defence if it gets to court.

    Have a look here about what judges have said about scammers trying to add on Ts ad Cs to an existing contract.

    Quote the court cases in your response, especially the Jopson vs Homeguard case. Also rebut Elliot vs Loake if it is mentioned.



    You could always respond with your own LBC, modified from this most excellent jobby.



    I checked my lease and all it says is that my property has been allocated a specific bay and I have the right to the use and enjoyment of the allocated parking space for the purpose of parking a private motor vehicle. It makes not mention of needing to display a parking permit. The property manager has subcontracted the management of the parking spaces who have then enforced their own rules to display a valid parking permit but this is not included in the lease. But remember I was caught in a parking bay not allocated to my property so I'm not sure where I stand here and what valid points to make in my defence. The deadline is tomorrow so unfortunately I have left this to the very last minute.
    • Mayur82
    • By Mayur82 25th May 17, 10:52 PM
    • 13 Posts
    • 3 Thanks
    Mayur82
    • #9
    • 25th May 17, 10:52 PM
    • #9
    • 25th May 17, 10:52 PM
    So to further breakdown this situation, the particulars of the claim is that the vehicle incurred a parking charge for breaching the terms of parking at the property which in this case was failing to not display a valid parking permit for the specific parking bay. But the lease makes no mention of a requirement to display a permit to park in a parking space.

    Can I mention at the time that the parking charge was issued I was displaying a valid parking permit for my allocated space but was occupied by another vehicles so I had no other option but to park in an adjacent parking bay since my parking spot was not available.
    • Umkomaas
    • By Umkomaas 25th May 17, 11:16 PM
    • 16,357 Posts
    • 25,452 Thanks
    Umkomaas
    Primacy of contract. Do a forum search on that.
    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.
    • Mayur82
    • By Mayur82 11th Dec 17, 2:02 PM
    • 13 Posts
    • 3 Thanks
    Mayur82
    I was given a PCN for not displaying a permit in my own allocated space which came with the flat I purchased. I initially ignored the PCN and then followed the advice on these forums after gladstone's solicitors started to handle things.

    I wrote and submitted my defence with my main point to argue being that the conditions in my lease make no mention of having to display a permit. So how can a parking management company come in and start making new rules. Anyway they submitted their witness statement on the very last due date and I now have my small claims court hearing this coming Tuesday the 12th Dec.

    What is interesting is that upon careful inspection of their witness statement they have included a map of the whole parking area and highlighted in red which spaces they cover. From that map it clearly shows that the space I was caught in for to displaying a valid permit is was not covered by them at the time.

    I feel confident that information in their own witness statement will not allow them to prosecute me.

    My question is if they court decide in my favour what exactly can I ask for in terms of compensation. I am looking fo them to pay me a sum of money based on the following:

    1. Time I have spent to research and write my defence which did actually take a lot of my time up since I don't have any legal background
    2. Distress or stress that the situation has placed on me
    3. Obtaining my information from DVLA without any authority
    4. time of work to attend the court hearing

    and anything else I may be entitled to.

    Any help to what I can ask for and amount for compensation would be greatly appreciated.
    • Mayur82
    • By Mayur82 11th Dec 17, 3:10 PM
    • 13 Posts
    • 3 Thanks
    Mayur82
    I've copied and pasted this response from Loadsofchildren123 as I started a new thread.

    "write to them NOW with the costs schedule, and invite them to withdraw unconditionally given that their own evidence shows they have no case. If they don't, you will issue a claim for damages for breach of data protection act and protection from harassment act.


    Alternatively, if you genuinely want to pursue them for damages, invite them to withdraw and stay silent on these claims, and then you can make them later if you want.


    You must send them a costs schedule this morning. It's supposed to be served 24 hours prior to the hearing.


    Posting this here because you havent' moved these posts to your other thread"
    • Mayur82
    • By Mayur82 11th Dec 17, 3:19 PM
    • 13 Posts
    • 3 Thanks
    Mayur82
    Thank you for your advice.

    Its too late to send a cost schedule as my court hearing is now less than 24 hours away.

    You say I can claim £19 per hour of my time but only If I can prove they have behaved unreasonably. Well the fact they have been harassing me with letters for payments over a PCN that they had no authority to issue would be enough??

    This rule (rule 27.14(2)(g)) which document can I find details of it?

    I want to continue to pursue them for damages so based on your advice I will attend the court hearing tomorrow and then file a counterclaim afterwards.

    Regarding the claim for damages for breach of data protection act and protection from harassment act what amount of compensation might I be entitled to?

    Can I claim for breach of data protection and and damages from harassment together or is it only one or the other.

    The parking property management company and gladstone's solicitors are bottom feeders so I'm looking to get everything that I may be entitled too.

    Thanks again for all your advice.
    • Loadsofchildren123
    • By Loadsofchildren123 12th Dec 17, 10:20 AM
    • 1,879 Posts
    • 3,070 Thanks
    Loadsofchildren123
    Other thread seems to have taken this over:


    http://forums.moneysavingexpert.com/showthread.php?t=5758076


    Ask one of the board guides to merge them
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • nosferatu1001
    • By nosferatu1001 12th Dec 17, 12:50 PM
    • 1,542 Posts
    • 1,699 Thanks
    nosferatu1001
    You cant find a counterclaim after. You can file a new claim.
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