PCM Ticket whilst parked outside a friends house visiting, do i pay?

Coupon-mad

infernouk wrote: »

thanks this is what i thought, ill await my letter. If i ask for research costs and they dont want to award that, it doesn't effect the over all ruling right? its judged independently

Read Jack Basta's and backtobasix's threads because there is a chance you can get a Judge to chuck the case out at DQ stage.

So, seize the chance at DQ stage now, once you get your own copy from the court (in a few days) to ask the court in a covering letter, for a strike out.

Jack Basta and backtobasix stalled their claims at DQ stage with a letter as discussed in their threads. Worth a shot, and worth repeating later if not, push and push for the case to be struck out at each stage.

Also read Gin and Milk's winning thread from start to finish as I am sure she overcame this stage but a hearing took place later and they won.


HTH

infernouk

Coupon-mad wrote: »

Read Jack Basta's and backtobasix's threads because there is a chance you can get a Judge to chuck the case out at DQ stage.

So, seize the chance at DQ stage now, once you get your own copy from the court (in a few days) to ask the court in a covering letter, for a strike out.

Jack Basta and backtobasix stalled their claims at DQ stage with a letter as discussed in their threads. Worth a shot, and worth repeating later if not, push and push for the case to be struck out at each stage.

Also read Gin and Milk's winning thread from start to finish as I am sure she overcame this stage but a hearing took place later and they won.


HTH

Hi there!

Just got my DQ letters from the court through, i know you mentioned a cover letter, so I wanted to make sure i had this right. Should i be returning my DQ forms WITH the cover letter? or simply post the cover letter and see what happens?

I read the threads you posted and propose this as my cover letter...

Formal objection to the Claimant's ''REQUEST FOR SPECIAL DIRECTION''.

As an unrepresented defendant I require a hearing at my local Court because the Claimant solicitors have followed their usual path of robo-claims by:

1. Continued harassment sending threatening letters from debt collection agencies and trying in every possible way to extract money out of me.

2. No clear and concise Particulars of Claim. They are known to withhold any contract/facts until the last minute (often ambushing Defendants late with paperwork never shown earlier).!

This potentially causes me at an extreme disadvantage if this cases is heard 'on papers' because based on the routinely sparse information provided to me so far, it has been almost impossible to put together a detailed defence. I respectfully request that, in the event that the claim is not struck out due to the reasons in this letter, the court exercises its discretion to allow a more detailed defence to be submitted without cost, should Gladstones finally produce late evidence.

3. Finally, 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 Claimant are known to be a serial issuer 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.

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
3. The Claimant has not complied with the pre-court protocol.
(1) No Letter of Claim was sent to the Defendant and no initial information was sent to the Defendant.
(2) I'd refer the court to Para 4 on non-compliance and sanction, and I'd also point out that there can be no reasonable excuse for the Claimant's failure to follow the Pre-action Conduct process, especially bearing in mind that the Claim was issued by their own Solicitors so they clearly had legal advice before issuing proceedings.

On the basis of the above, and for similar reasons cited by District Judge Cross of St Albans County Court on 20/09/16 where a similar claim was struck out without a hearing, due to Gladstones' template particulars for a private parking firm being 'incoherent', failing to comply with CPR16.4, and ''providing no facts that could give rise to any apparent claim in law''; the Defendant requests that the court strike out the claim for want of a cause of action.

Coupon-mad

Should i be returning my DQ forms WITH the cover letter?

Yes - all together - and a copy to the other side's solicitors.

infernouk

Coupon-mad wrote: »

Yes - all together - and a copy to the other side's solicitors.

including the cover letter to gladston or just send that part to the court?

i assume im not using expert evidence and witnesses?

infernouk

can anyone confirm my above query? wanted to get it sorted out today! Cover letter look ok?

Coupon-mad

Yes send the letter with DQ to both court and G's.

No to using expert evidence and witnesses.

infernouk

Coupon-mad wrote: »

Yes send the letter with DQ to both court and G's.

No to using expert evidence and witnesses.

sorry to request further clarification, it says witnesses including yourself, so the count is 1 not none?

also i assume the content of the cover letter posted above is fine?

appreciate the assistance once again!

Coupon-mad

The answer re number of witnesses is already answered by bargepole in his post in post #2 the NEWBIES thread about what happens when, as was your last question about 'expert witnesses'.

So I am going to suggest you need to re-read bargepole's post first, there is a lot more there you need to know, to be prepared.

And yes it is fine, relax, it's just a covering letter the Court might well ignore anyway.

infernouk

Coupon-mad wrote: »

The answer re number of witnesses is already answered by bargepole in his post in post #2 the NEWBIES thread about what happens when, as was your last question about 'expert witnesses'.

So I am going to suggest you need to re-read bargepole's post first, there is a lot more there you need to know, to be prepared.

And yes it is fine, relax, it's just a covering letter the Court might well ignore anyway.

Thanks for the help i have completed the form, printed 2 copies and 2 cover letters and will post them off to the court and to gladstone today, hopefully get lucky with the strike off otherwise i assume next ill hear is the court date!

Thanks for your time once again

infernouk

Hi guys, update on this case and seeking speedy help.

The court ordered Gladstone to submit a full particulars as they hadnt provided enough and would be struck off, these arrived today, the last day of the window it was possible to arrive on (via email) so i guess that they are going to drag this the whole way through. Here are screenshots of what they provided, do i need to amend my defence or should I proceed and can I actually win against this newly detailed charge? Cheers

PS: Along with this they submitted the images of my car without the permit in the windows parked on the street