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  • FIRST POST
    • wi3347
    • By wi3347 24th Aug 17, 8:32 PM
    • 41Posts
    • 28Thanks
    wi3347
    Gladstones / Millennium claim form
    • #1
    • 24th Aug 17, 8:32 PM
    Gladstones / Millennium claim form 24th Aug 17 at 8:32 PM
    Hello everyone, posted on here before about a PCN I had in 2012 which ended up in court and had some really good advice so posting here again. The vehicle im registered keeper for got a PCN in November last year. Its reached the claim form stage. I have done the acknowledgement of service on MCOL and need to submit my defence. The details of the PCN are.
    Name of the Claimant ? Millennium door and event security ltd.
    claimants Solicitors: Gladstones solicitors Ltd

    Date of issue – 09 Aug 2017 .

    Particulars of claim –
    1. "The driver of the vehicle registration XXXXXXX (the vehicle) incurred the parking charge on 15/11/2016 for breaching the terms of parking on land at Metropole Chambers Swansea SA13RT.

    2.The defendant was driving the vehicle and/or is the keeper of the vehicle

    3.and the claimant claims £160 for parking charges / damages and indemnity costs if applicable, together with interest of £8.35 pursuant to s69 of the country courts act 1984 at 8% pa, continuing to judgement at £0.04 per day."

    What is the value of the claim? total of £243.35

    the initial online defence im going to submit tomorrow (pending advice) is

    The whole claim is denied in its entirety for a number of reasons which will be expanded upon in my witness statement should this claim be allocated to the small claims track.

    1. The defendant was not the driver of the vehicle on the date of the aleged contravention.
    2. The claimant is required under schedule 4 of the Protection of freedoms act 2012, to adhere to a number of strict requirements set out within that act in order to transfer liability to the registered keeper and has failed to do so, therefore the defendant is not liable in this matter as he was not the driver and POFA 2012 has not been complied with.
    3. The wording of the signage at the location is confusing and contradictory so cannot be said to be a genuine offer to form a contract. The claimant states the claim is for "parking charges" yet at the location there is no tariff of charges to refer to nor any way offered to pay the prescribed fee if it was deemed to be a contract and that the offer was accepted.
    4.It is unclear from the Particulars or claim if the claimant seeks to claim from the driver or rely on the POFA 2012 to transfer liability to the keeper. It clearly states in POFA 2012 that the claimants cannot claim for more than is stated in the original notice to keeper, in this case £100.
    5. The claimant has made a number of unsubstantiated claims in the courts and are abusing the court process as a method of intimidation or coercion rather than for collecting monies they have proper entitlement to and the defendant invites the court to strike out the claim.

    any help / advice / recommendations is much appreciated!
Page 4
    • wi3347
    • By wi3347 25th Sep 17, 2:29 PM
    • 41 Posts
    • 28 Thanks
    wi3347
    still not received my directions questions or anyting else from the court as yet which seems odd?
    • Loadsofchildren123
    • By Loadsofchildren123 25th Sep 17, 3:43 PM
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    Loadsofchildren123
    sorry, joining this debate late.
    I agree with you wi3347 that you should include in brief terms the LR info showing you couldn't possibly have been parked in Metropole Chambers as it's just the building.
    Also what Umkomaas said about the CoP.
    I'd also add in a sentence at the end to say that if this is not withdrawn, you will be issuing a claim for damages for a breach of your rights under the Data Protection Act. And as part of your offer for a drop hands settlement you will agree not to pursue such proceedings.
    In my case they were a bit concerned about the potential for a DPA claim. I didn't make one at all, but reserved my position. Their offer of a drop hands to me (on the eve of the hearing) was in return for me dropping the DPA counterclaim (even though there wasn't actually a counterclaim)


    if this goes further, the planning rules for advertisements are very slightly different in Wales. There was a thread on planning a couple of months ago where I put chapter and verse for England and for Wales where it was different. Try searching for the thread to make sure you quote the right legislation. Actually, I think I've got the document saved so I'll just look it up and be right back.....
    • Loadsofchildren123
    • By Loadsofchildren123 25th Sep 17, 3:47 PM
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    Loadsofchildren123
    The signage displayed on the Land/Site has no planning/advertising consent, which is required under the [in England: Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (as amended) [In Wales The Town and Country Planning (Control of Advertisements) Regulations 1992 and the Town and Country Planning (Control of Advertisements (Amendment) (Wales) Regulations 2012]. The signs are an “advertisement” under the definition in the Regulations.

    [England: Regulation 30] [Wales: Regulation 27] makes it a criminal offence to display advertisements (which these signs are) without the relevant consent. The local authority has confirmed that the signs have no planning/advertising consent (see email confirming the Council Planning Department is investigating and the list of all applications concerning the land printed from the Council's planning portal).

    That's copied and pasted from the relevant section of my Skeleton - for convenience I amended it so that others could adapt it depending on whether the parking was in England or Wales.
    • Loadsofchildren123
    • By Loadsofchildren123 25th Sep 17, 3:48 PM
    • 1,239 Posts
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    Loadsofchildren123
    still not received my directions questions or anyting else from the court as yet which seems odd?
    Originally posted by wi3347

    It takes a good couple of weeks
    You could phone the court to ask why you haven't had it if it's been more than 3 weeks?
    • Coupon-mad
    • By Coupon-mad 25th Sep 17, 3:56 PM
    • 50,584 Posts
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    Coupon-mad
    Download one from the courts webpages - easily Googled 'N180 Directions Questionnaire'.
    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.

    • wi3347
    • By wi3347 26th Sep 17, 3:45 PM
    • 41 Posts
    • 28 Thanks
    wi3347
    Perfect. Thanks LOC very helpful! I did include a bi about the LR to make it relevant. Also mentioned the 2012 act so luckily got the right one.

    If I don't have anything in the next few days I will contact the court.

    When / if I receive a reply on my drop hands offers I will mention the DPA stuff. If they don't write back I could always write again saying something like "I note your failure to reply etc etc. I would further make it clear that I will also be making a claim from breach of DPA etc etc etc". Word it all properly obvious but just so you get a general ideal
    • Loadsofchildren123
    • By Loadsofchildren123 26th Sep 17, 3:51 PM
    • 1,239 Posts
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    Loadsofchildren123
    The trouble with Millennium is that they use Gladstones only to do the initial work to issue the claim. They appear in court themselves, without a solicitor (their offices are yards from the court and it saves costs to do it in house). So you can write and write to Gladstones but I think the letters just essentially get ignored.
    In my case they served a Notice of Acting in Person, taking Gladstones off the record. I think by then I'd just started ignoring Gladstones and writing direct to Millennium.


    Try writing to Millennium with a copy of the letter you've sent to Gladstones, and in that letter mention the DPA claim.
    Dear Sirs,
    I enclose a copy of my letter to your solicitors, inviting you to withdraw your claim. Please note that if you proceed and do not succeed (which I cannot believe you will) then I will be pursuing you for damages for breaching my rights under the Data Protection Act.
    I look forward to hearing from you etc.
    • wi3347
    • By wi3347 26th Sep 17, 10:57 PM
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    wi3347
    Ahh that's good info, cheers!

    I will write to millennium direct if I don't have a reply by Friday and then I will add a cover letter along with the original letter to gladstones so it covers all bases.
    • wi3347
    • By wi3347 2nd Oct 17, 6:42 PM
    • 41 Posts
    • 28 Thanks
    wi3347
    nothing from the court of gladdys / millenium. Email sent to the court requesting they sent the directions questions. Letter sent direct to millennium with a cover letter mentioning the DPA breach claim.
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