PCM Parking fine - Heath Parade NW9

Dhudds

UPDATE:
I've sent a robust letter in reply to their LBC and requested further documentation. I will update you all if I receive anything back from them.
Thanks to all of you.

Coupon-mad

You will get the usual back, so do read other threads ahead of you in the process.

Dhudds

Hi All,

Thanks. I've sent the following letter in reply to their LBC and requested further documentation in hard copy. Please see the 12 requested items below.
As predicted by Coupon Gladstones only dealt with item 12 and ignored others and so today I received the same letter with a paper copy of the information sheet and reply form dated 1st of July with 30 days returning window (today is 9th!). I've checked other threads and there is no clear indication what is the next step considering they haven't sent me the documents I've requested in my letter below.
Should I request the same documents again? or should I reply using the paper form they sent me despite failing to sent requested document? Please advise? Thanks

---

Gladstones Solicitors
The Terrace
High Leigh Park Golf Club
Warrington Road
Knutsford
Cheshire
WA16 6AA

Your Reference: xxxxxxxx

Re: Letter Before Claim

Dear Sirs,

I am in receipt of your Letter Before Claim of dated xxxxxxxxxxx

When your client first sent a letter demanding parking charges, I wrote to them several times and asked them for details of the basis upon which money was being claimed, including all photographs taken of the vehicle and myself at the relevant time together with other documents but I was completely ignored.

On this basis your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon.

Your client must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with.!

Your letter lacks specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. Please treat this letter as a formal request for all of the documents / information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.

As solicitors you must surely be familiar with the requirements of both the Practice Direction applicable pre-1 October and the Protocol which applies thereafter (and your client, as a serial litigator of small claims, should likewise be aware of them). As you (and your client) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is astounding that a firm of Solicitors are sending a consumer a vague and unevidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol.

Nobody, including your client, is immune from the requirements and obligations of the Practice Direction and now the Protocol.!

I require your client to comply with its obligations by sending me the following information/documents in hard copy only.

1. An explanation of the cause of action;
2. Whether they are relying on the provisions of Schedule 4 of POFA 2012;
3. What the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated;
4. Photographic evidence of the actual signs in site. Please also confirm the date when the photographs were taken (if not evident from the photographs themselves) and whether any alterations have been made to the signage since the photographs were taken;
5. A plan showing where any signs were displayed;
6. Details of the signs displayed (size of sign, size of font, height at which displayed);
7. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract;
8. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1; !!!8220;Establishing yourself as the creditor!!!8221;;
9. A copy of all of the images that you have of my vehicle and myself including date and exact time. I understand that the General Data Protection Regulation (GDPR) entitles me to all of this information;
10. A copy of your protocol for handling personal data and privacy such as images of my vehicle, myself, the location of my vehicle, time and date. I assume that such data is not disclosed to any third party but please confirm this;
11. Provide details of the original charge, and detail any interest and administrative or other charges added;
12. Provide a paper copy of the Information Sheet and the Reply Form. I!!!8217;ve enclosed the cut-off slip sent with your letter.

If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20); Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.!

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

Yours,

---

Umkomaas

I'd send them another with all the missing elements re-itemised. Every time they fail to respond adds another stratum of unreasonableness that you can refer to if it gets to court.

Dhudds

Hi Umkomaas,

Many thanks. I will update you and others on this.

Dhudds

Dear All,

I've received 2nd LBC from Gladstone and replied back with the same 12 items. They respond by addressing 1 item out of 12. So I replied back and requested to address the remaining items (now 3 times asking for the same items) but they never replied back, instead I've received a Claim Form from County Court Business Centre today . I will be filing a full defence. Can you please help how should I proceed?. Should I fill the acknowledgment of Service and request more time? What is a best defence in my case?

Thanks

Coupon-mad

Adapt any recent PCM defence talking about Heath Parade.

The NEWBIES thread tells you about doing the AOS to buy a bit of time.

KeithP

Dhudds wrote: »

I've received a Claim Form from County Court Business Centre today.

What is the Issue Date on your Claim Form?

Dhudds

5th of November

KeithP

Dhudds wrote: »

5th of November

With a Claim Issue Date of 5th November, you have until Monday 26th November to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you then have until 4pm on Monday 10th December 2018 to file your Defence.

Over a month away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as described here:

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.