Claim form- PCM & Gladstones

spaceman8

Hi

i need help. I've had claim form through the door. I've filed for acknowledgement of service to give me a little breathing room. A brief outline of the case.

i was helping my brother move into his new flat in london.
i followed and parked up behind the movie van outside his flat.
just after i pulled in (it did say "loading bay") the PCM operator started taking photos of my car. i came out, tried to ask if it was ok to park here. (got no response),
read the sign on the wall and promptly moved.

a couple of weeks later i received a PCN, to which i appealed and was denied.
after this i ignored everything that came up to this point. after reading some forums, i think i should have responded to the letter before claim.

i need help as i really don't know what to do. not so good with the legal stuff.

thank you

Coupon-mad

Read 'Small claim?' in the NEWBIES thread first. Useful links & info there - it's at the top of the forum for a reason.

Then move on to a search for other Gladstones defences, using the obvious keywords 'Gladstones defence' or 'Gladstones Northampton claim'. This has been done so many times this Summer, you can adapt one you find on another thread. We are not going to write the defence, you are, but you will find a pattern in all the others and everyone else manages to adapt one to suit and show us their draft. It is important you do it, so you understand your defence.

First task is to do the Acknowledgement of Service online, but you will know how to do that when you read the section in the NEWBIES sticky thread and that it must be done first, to extend the time to submit a defence, to 28 days from service.

DO NOT respond, if any poster with less than 1000 posts send you a pm (private message) offering or asking for info to 'help' with the defence off-forum. People with few posts could be anyone, and not acting in your best interests/could even be from the dark side! So to get help you will need to keep updating this thread and we'll all chip in.

spaceman8

I've been looking at some of the links you pointed me towards, i think I've got a defence.
is it a good idea to request a CPR 31.14 or part 18? which one do i go for? they did initially put forward evidence when appealing to IAS. But the claim form i received states:

"the claimant claims the sum of £155.56 for parking charges and indemnity costs applicable including £5.56 interest pursuant to S.69 of the county courts act 1984 Rate 8.00% pa from the dates above to 23/08/16. Some rate to Judgment or (sooner) payment. Daily rate to judgment £0.03. Total dept and interest £155.56"

So which do i go for?

Coupon-mad

You could send a Part 18 asking them to clarify:

- how the alleged £100 charge was transparently communicated to the driver and how does their client evidence that sum was 'agreed', given that PCM's signs have been held by a court to be prohibitive (unable in that case, to be deemed to be offering a contract).

- how and where the alleged £50 'indemnity costs' were communicated to the driver, given that you would contend that £50 was not stated in any sign at that location.

- a breakdown of how these indemnity costs arose and when they were added to the charge and proof that the sum of £50 was paid by their client and to whom and for what service.


Just ask questions that were not clarified in the IAS decision.

In your case you can see the 'evidence' PCM provided to the IAS which gives you an insight as to how they might argue this case/what the signs looked like/which photos they have. Gladstones normally seem to bungle it along the way, so carry on then by drafting a defence with several points to it, like those you have found already.

spaceman8

hi

what you've put here is fantastic. i really appreciate it. so as i understand this, i can simply email them them the part 18 request. i just need to make a word document in the format played out here:

consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here[/url]

then just email them. correct?

do i need to inform the courts that I've requested a part 18? if they fail to respond then what is the significance of it?

with regards to my defence, i know many people have mentioned that these forums are constantly trolled by solicitors themselves so ill give you the basic structure. if you wouldn't mind, could i send you a private message showing what I'm going to put down when its ready?

the basic arguments are:

no grace period given
inadequate sign as you can't read it from the car
no contract can be formed as it breached the first 2 points

most people are saying keep it short and sweet.

thank you for your help
and sorry for asking lots of dumb questions

is there any way of extending the 28 days i have. i just worked out the dates, even if i submit my part 18 today, the defence needs to be filed by 22/09/16 as the claim form is dated for the 25/08/16

thank you

spaceman8

hi all

is this good enough for a part 18 request? should i just email it to them?
and then leave my defence to a few days before my deadline?




PART 18 REQUEST FOR FURTHER INFORMATION


To: Parking Control Management (UK) Limited (Claimant)

Please answer the following questions:



1. how the alleged £100 charge was transparently communicated to the driver and how does their client evidence that sum was 'agreed', given that PCM's signs have been held by a court to be prohibitive (unable in that case, to be deemed to be offering a contract).

2. how and where the alleged £50 'indemnity costs' were communicated to the driver, given that you would contend that £50 was not stated in any sign at that location.

3. a breakdown of how these indemnity costs arose and when they were added to the charge and proof that the sum of £50 was paid by their client and to whom and for what service.

4. Please provide an explanation as to why I have not been sent any particulars of claim

5. Please provide the legal identity of the landowner of the car park.

6. Is the parking charge based on damages for breach of contract? yes or no

7. Please provide a copy of the sign

8. Please provide the size of the sign, distance from the curb and height on wall.

9. If the parking charge is based on damages for breach of contract please detail what was the alleged breach and provide a justification of this sum

10. Please provide me with particulars of claim, which you refer to in the Particulars of Claim section of the County Court Claim Form.

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST 14 DAYS OF SERVICE OF THE SAME UPON YOU

pappa_golf

at this stage all communication via the PPCs solisitors


who will not bother answering or state that the cost of replying exceeds the claim

spaceman8

hi

so what your saying is to change it to :

"To: Gladstones Solicitors limited (acting on behalf of Parking control Management)"

and email gladstones.

Ralph-y

"i was helping my brother move into his new flat in london.
i followed and parked up behind the movie van outside his flat.
just after i pulled in (it did say "loading bay") the PCM operator started taking photos of my car. i came out, tried to ask if it was ok to park here. (got no response),
read the sign on the wall and promptly moved."

just a few thoughts ......

should there not be something re 'mitigation of losses' ?

and ...

there was a court case recently re parking in front of flats to load / unload .... just searched bur can not find it ..........

sorry in a tinny rush .... wife is calling to lift the suitcases down


off to the US of A tomorrow :dance:

good luck

Ralph:cool:

beamerguy

Ralph-y wrote: »

"i was helping my brother move into his new flat in london.
i followed and parked up behind the movie van outside his flat.
just after i pulled in (it did say "loading bay") the PCM operator started taking photos of my car. i came out, tried to ask if it was ok to park here. (got no response),
read the sign on the wall and promptly moved."

just a few thoughts ......

should there not be something re 'mitigation of losses' ?

and ...

there was a court case recently re parking in front of flats to load / unload .... just searched bur can not find it ..........

sorry in a tinny rush .... wife is calling to lift the suitcases down


off to the US of A tomorrow :dance:

good luck

Ralph:cool:

Hey Ralph, lucky you, have a great time to both of you

pappa_golf

I wonder what happened to the grace periods that the IPC put in there code code of conduct , that state :




15. Grace Periods
15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so
they may make an informed decision as to whether or not to remain on the site.
15.2 Drivers should be allowed a sufficient amount of time to leave a site after a pre-paid or
permitted period of parking has expired.


as gladstones are the owners of the IPC , they KNOW that a grace period upon entering the site must be allowed , however with their solisitors hat on , they are forgetting this


perhaps they need reminding that you will bring a copy of the code of conduct that THEY wrote , to the court?