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  • FIRST POST
    • Birdo26
    • By Birdo26 11th Jul 17, 7:58 PM
    • 21Posts
    • 3Thanks
    Birdo26
    HX Car Park Management, Gladstones Letter Before Claim
    • #1
    • 11th Jul 17, 7:58 PM
    HX Car Park Management, Gladstones Letter Before Claim 11th Jul 17 at 7:58 PM
    Hi,

    Received a PCN from HX Car Park Management

    Spoke to the bowling who said cameras were only installed recently. Signs are not clear at all. But said they can't cancel them.

    Didn't reply to it which was a bit silly but now have received a letter before claim from Gladstones solicitors asking to pay £160 within 14 days.

    Had a search on here and found a reply so sent that by email which I hope is ok. Said not to admit who was driving which i made sure I didn't.

    Just want to know what I should do now and what is likely to happen next.

    Thanks
    Last edited by Birdo26; 11-07-2017 at 8:40 PM.
Page 3
    • Lamilad
    • By Lamilad 19th Aug 17, 8:24 PM
    • 879 Posts
    • 1,846 Thanks
    Lamilad
    1.1 If you operate parking management activities on land which is not owned by you, you
    must supply us with written authority from the land owner sufficient to establish you!
    as the ‘Creditor’ within the meaning of the Protection of Freedoms Act 2012 (where
    applicable) and in any event to establish you as a person who is able to recover
    parking charges. There is no prescribed form for such agreement and it need not
    necessarily be as part of a contract but it must include the express ability for an
    operator to recover parking charges on the landowner’s behalf or provide sufficient
    right to occupy the land in question so that charges can be recovered by the operator
    directly. This applies whether or not you intend to use the keeper liability provisions.
    I would remove this as it's excessive and unnecessary at this stage. You can use it in your WS along with ref to Beavis about why the BPA CoP is effectively 'regulation' for PPCs.

    It's enough for now that you've referenced it.
    • Lamilad
    • By Lamilad 19th Aug 17, 8:30 PM
    • 879 Posts
    • 1,846 Thanks
    Lamilad
    "(2). The particulars of claim do not meet the requirements of Practice Direction 16 7.5 as!
    there is nothing which specifies how the terms were breached. Indeed the particulars
    of claim are not clear and concise as is required by CPR 16.4 1(a). The Claimants are
    known to be serial issuers of generic claims similar to this one. HM Courts Service!
    have identified over 1000 similar sparse claims. I believe the term for such behaviour
    is roboclaims and as such is against the public interest.


    ^ This para is virtually the same as your defence para 4. Amalgamate the 2
    Last edited by Lamilad; 19-08-2017 at 8:34 PM.
    • Lamilad
    • By Lamilad 19th Aug 17, 8:33 PM
    • 879 Posts
    • 1,846 Thanks
    Lamilad
    . The claimant is not the landowner and suffers no loss whatsoever as a result of a!
    vehicle parking at the location in question
    Remove this
    • Lamilad
    • By Lamilad 19th Aug 17, 8:38 PM
    • 879 Posts
    • 1,846 Thanks
    Lamilad
    "On the basis of the above, we request the court!"

    Go with "I" or "the defendant"
    • Lamilad
    • By Lamilad 19th Aug 17, 8:46 PM
    • 879 Posts
    • 1,846 Thanks
    Lamilad
    Practice Direction 3A which references Civil Procedure Rule 3.4 illustrates this point:!


    1.4 The following are examples of cases where the court may conclude that particulars of!
    claim (whether contained in a claim form or filed separately) fall within rule 3.4(2)(a):
    1. those which set out no facts indicating what the claim is about, for example ‘Money!
    owed £5000’,
    2. those which are incoherent and make no sense,
    3. those which contain a coherent set of facts but those facts, even if true, do not
    disclose any legally recognisable claim against the defendant

    On the basis of the above, we request the court strike out the claim for want of a
    cause of action.!
    Make this more concise

    " Due to the woefully inept particulars of claim which are sparse, vague and incoherent. The defence requests the claim is struck out as disclosing no cause of action pursuant to CPR 3.4 and PD 3A
    • Birdo26
    • By Birdo26 20th Aug 17, 12:31 PM
    • 21 Posts
    • 3 Thanks
    Birdo26
    ccbcaq@hmcts.gsi.gov.uk

    just want to check this is the right email.

    Can I just attach the word doc.
    Last edited by Birdo26; 20-08-2017 at 1:09 PM.
    • nosferatu1001
    • By nosferatu1001 20th Aug 17, 3:51 PM
    • 497 Posts
    • 550 Thanks
    nosferatu1001
    Of course not. Your defence must be signed, as the form tells you. Print, sign, scan to PDF.
    • Lamilad
    • By Lamilad 20th Aug 17, 4:17 PM
    • 879 Posts
    • 1,846 Thanks
    Lamilad
    OP - do you require further review of your defence or have you sent it?
    • Birdo26
    • By Birdo26 20th Aug 17, 7:37 PM
    • 21 Posts
    • 3 Thanks
    Birdo26
    I've sent it, signed and scanned. Is it still wroth ringing the court on Monday?

    Really appreciate the help, thank you.
    • Lamilad
    • By Lamilad 20th Aug 17, 7:40 PM
    • 879 Posts
    • 1,846 Thanks
    Lamilad
    I've sent it, signed and scanned. Is it still wroth ringing the court on Monday?

    Really appreciate the help, thank you.
    Originally posted by Birdo26
    Yes you need to confirm they've received it
    • Birdo26
    • By Birdo26 20th Aug 17, 8:49 PM
    • 21 Posts
    • 3 Thanks
    Birdo26
    Take it it's the MCOL number and not the CCBC number?
    • Noree
    • By Noree 20th Aug 17, 9:01 PM
    • 32 Posts
    • 14 Thanks
    Noree
    If it helps I received a letter in the post about 2 or 3 days later to confirm my defence was received.

    Hopefully you'll get the same!

    I did call the day before to confirm though... the letter was obviously in the post & on its way.
    • Coupon-mad
    • By Coupon-mad 20th Aug 17, 9:29 PM
    • 49,944 Posts
    • 63,353 Thanks
    Coupon-mad
    Take it it's the MCOL number and not the CCBC number?
    Originally posted by Birdo26
    No, you have not used MCOL for the defence, you emailed it instead to CCBC (as we recommend).

    So it's a good idea for you to ring the CCBC to check they received your defence, but give them a few hours on Monday to actually have a chance because they are not open on Sundays.
    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.

    • Birdo26
    • By Birdo26 10th Sep 17, 3:21 PM
    • 21 Posts
    • 3 Thanks
    Birdo26
    Ok, so I have received a questionnaire from Gladstones. Its already filled out just needs a signature. Says they wish to proceed with the claim.It has a special direction for the case to be heard on papers. Is this ok to sign and send back or shall I post the photos?
    • Quentin
    • By Quentin 10th Sep 17, 3:25 PM
    • 32,729 Posts
    • 16,746 Thanks
    Quentin
    No.


    You don't want this to be dealt with on papers!


    (You want a hearing)
    • beamerguy
    • By beamerguy 10th Sep 17, 6:04 PM
    • 5,936 Posts
    • 7,639 Thanks
    beamerguy
    Ok, so I have received a questionnaire from Gladstones. Its already filled out just needs a signature. Says they wish to proceed with the claim.It has a special direction for the case to be heard on papers. Is this ok to sign and send back or shall I post the photos?
    Originally posted by Birdo26
    under no circumstances can you agree to a paper hearing, you
    lose complete control and you can only accept an oral hearing,
    that's in front of judge.

    This is a little wheeze of gladstones as they unsure if they
    will win and as they keep getting whooped in court because
    they are incompetent they will be risking another whooping
    ..... and the courts know this

    SAY NO TO PAPERS .... ORAL HEARING ONLY

    Nowadays Gladstones can be read like a book, trouble is
    that their book has very few pages ???
    Last edited by beamerguy; 10-09-2017 at 6:25 PM.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Umkomaas
    • By Umkomaas 10th Sep 17, 6:29 PM
    • 14,502 Posts
    • 22,794 Thanks
    Umkomaas
    Ok, so I have received a questionnaire from Gladstones. Its already filled out just needs a signature. Says they wish to proceed with the claim.It has a special direction for the case to be heard on papers. Is this ok to sign and send back or shall I post the photos?
    Originally posted by Birdo26
    All of this is covered in the NEWBIES FAQ sticky, post #2 - that should be your 'bible' as you head towards a hearing. Just asking no random questions here might pass us by and you'll be left without an answer, or you might even get an incorrect answer - dangerous.

    All you need is in that sticky!
    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.
    • Coupon-mad
    • By Coupon-mad 10th Sep 17, 10:56 PM
    • 49,944 Posts
    • 63,353 Thanks
    Coupon-mad
    Ok, so I have received a questionnaire from Gladstones. Its already filled out just needs a signature. Says they wish to proceed with the claim.It has a special direction for the case to be heard on papers. Is this ok to sign and send back or shall I post the photos?
    Originally posted by Birdo26
    But this is discussed in EVERY Gladstones court defence thread you care to read...of course you don't sign that.

    Please read other threads & the NEWBIES thread, to know what happens next.

    Or Google some obvious keywords like 'Gladstones parking straightforward on the papers' to read this discussed a hundred times.

    We can't handle this every time on every thread, drip, drip, drip, one by one, it's impossible.
    Last edited by Coupon-mad; 10-09-2017 at 10:59 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.

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