Heath Parade NW9 - County Claim from Gladstones (PCM) thrown all correpsondence!

Coupon-mad

OMG this is such a waste.

tati

I have to submit Witness Statement and I have no idea how to write it, I need to write it tonight.
I have not had time to do this and it is just about to be the deadline for submission of witness statement. Please any drafts??

I want to cry now, I cant believe how far this got

Coupon-mad

tati wrote: »

I have to submit Witness Statement and I have no idea how to write it, I need to write it tonight.
I have not had time to do this and it is just about to be the deadline for submission of witness statement. Please any drafts??

Yes, easy examples to copy & adapt in the NEWBIES thread post #2, where all the info is about court stage.

No worries, the worst that happens would be a loss and you would pay about £150 for a single PCN. Big deal...no repercussions. But Heath Parade cases are being discontinued in numbers, I understand.

System

@ Tati

Any news. Was listed for 24th you said and as this was Heath Parade there will be some interest.

AmoUK

Do not pay Parking Control Management or Gladstones Solicitors for alleged parking charges for Heath Parade NW9.

I won the case at Clerkenwell & Shoreditch County Court today on the simple fact that PCM do not have authority of the freeholder for the loading bay at Heath Parade. They had claimed Genesis Housing Association was the freeholder and gave them authority, but Land Registry documents prove (and the Court agreed) that in fact the owner is Choices for Graham Park Ltd.

This had the case thrown out, and it means all previous claims by PCM for Heath Parade are invalid as they do not have authority of the freeholder to levy parking charges (as at 29th Jan 2018). If you have paid them, ask for a refund. If you have lost a court claim, make an Application to have it set aside on the above grounds and to get your money back.

I was awarded my travel expenses and loss of income for the hearing too, £100.

Gladstones tried to fool the court by producing some TP1 transfer document saying land had been transferred to Genesis Housing, but on close inspection these transfers relate to a block of flats 100 metres away, and had nothing to do with Heath Parade and the loading bay. The judge (Deputy District Judge McConnell) took more than 25 minutes to carefully study the Land Registry records, the associated Plan and photos and listen to my explanation.

he gave the Gladstones rep repeated opportunity to address the points, which he obviously failed as the facts were self evident. this was the 2nd hearing as the 1st hearing was adjourned as the judge wanted to give PCM/Gladstones further chance to prove whether they had the freeholders authority and to provide more documents - the documents they came up with turned out to be a pathetic attempt to mislead the court.

If you need a copy of the Land Registry docs and/or my Defence, feel free to message me.


PS: You do not need any other defence or argument - just showing that PCM do not have authority of the freeholder of Heath Parade (for the period at least upto 29th January 2018) should be enough to have the case thrown out, but just to be sure do reserve arguments for other points (bad/no signage in contravention of IPC code, predatory tactics in breach of IPC code of conduct, failure to provide grace period as per IPC code etc). By the way, the IPC claiming to be an independent parking adjudicator is yet another PCM scam - they share the same directors so not independent at all!

The_Deep

I cannot believe that this company, egged on by their down market legals, continue to flog this dead horse. How many times have they been told E V L will not fly in Civil Law.

What this needs is a robust claim for unreasonable behaviour costs, citing all the other times E v L has been dismissed by CC judges, and all the other cases at this location where the PPC have lost.

There may even be scope for a counter claim for DP breaches if the PPC do not have authority from the landowner to take people to court.

They are wasting the court's timer.

keekstuff

AmoUK - I PM'd you, but perhaps because I am a relative newbie with a low post count, you were unsure about responding to it.

Initially it was about the particulars of the land registry, but for now the £3.00 I paid for the electronic copy of the details (list of properties, no maps) should do until I need to collect evidence.

I am writing up my defence and wanted to refer the point about landownership, but PCM had been unwilling to provide the freeholder info, so cannot defend directly. Can I please refer to your court case? If you're not happy about sharing publicly, please PM me.