Gladstone/ AM parking services LTD CLAIM FORM

KeithP

laurenjo12 said:

https://postimg.cc/f3fNNqHd

But that says...


...the Claimant must pay the fee. You are the Defendant.

laurenjo12

so what hasto happen now-what do i need to do?

KeithP

laurenjo12 said:

so what hasto happen now-what do i need to do?

Read and understand the next page of that letter.


I will just say though, I do find it slightly disappointing that I've spent some time this evening explaining stuff to you and you can't find a moment to actually say thank you.

Let's hope others continue to give freely of their time eh?

laurenjo12

I am truly very grateful and thankful for all the help that is given to me, and to others , on here. Apologies if i go so caught up in what to do that i  forgot my manners.

Coupon-mad

The Order tells you your deadline to submit your WS and evidence - a vital stage that we hope you know about already because it's explained in the NEWBIES thread 2nd post.

Best recent example of a WS bundle in 2022 is NOT the example linked in the NEWBIES thread though. We have better ones now.

laurenjo12

I have spent all evening reading through the newbies posts and other peoples cases. the legal wording of it all is intimidating to say the least!
My main concern is that i feel i dont have much of an argument to use. I have no recollection of getting the ticket. The place i got the ticket in was outside my university accomodation and was restricted to a certain time limit. It was years ago so i have no evidence i can use. 
At the time i was being diagnosed with a medical condition. This meant at times i didnt feel well enough to drive so this is the only reason i can think of why i would not have moved my car when i should have done..I accept that i cannot evidence the particular day and i dont want to sound as though i am making up excuses when i write a statement.
Can anyone point me in the direction of an example WS that would help me write my draft.
Thankyou all for your help.

Coupon-mad

What did your defence say, word for word (please repeat it here, don't refer us back to an earlier page because we never have time to read back).

laurenjo12

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

 

The facts as known to the Defendant:

 2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied.  Any breach of terms is also denied.  The Claimant is put to strict proof of their allegations and evidence and the Defendant will be in a position to respond only once furnished with same.

 

 3. The defendant requested a Subject Access Request and the Claimant responded in December 2021 with not a single photograph of any signs, the car, any breach, any terms or even a copy of a supposed PCN.  Nothing at all relating to the parking charge mentioned in the Particulars was supplied, except for some aggressive debt recovery letters.  Nothing by way of evidence.  Hence the Defendant is prejudiced and is none the wiser about the reason for the alleged parking charge and will have to respond at witness statement stage after being ambushed then.

 

4. The Defendant feels this cannot be right and the Claimant is in breach of not only the GDPR rules about a SAR but the Civil Procedure rules and pre-action protocol too.  The Defendant asks the court to use its case management powers to strike out the claim for want of full particulars, or alternatively, to Order the Claimant to provide full and detailed particulars including all the images and all evidence that was withheld from the SAR response, and then time should be allowed for the Defendant to respond to update their defence if they wish, at no expense to the Defendant.

 

5.  The Particulars of Claim set out an incoherent statement of case and the quantum has been enhanced in excess of any sum hidden in small print on the signage that the Claimant may be relying upon.  Claiming ‘costs/damages’ on an indemnity basis is stated to be unfair in the Unfair Contract Terms Guidance, CMA37, para 5.14.3.  That is the official Government guidance on the Consumer Rights Act 2015 ('CRA 2015') legislation which must be considered, given the duty in s71.  The Defendant avers that the CRA 2015 has been breached due to unfair terms and/or unclear notices (signs), pursuant to s62 and with regard to the requirements for transparency and good faith, and paying regard to examples 6, 10, 14 and 18 in Sch2.  NB: this is different from the UTCCRs considered by the Supreme Court, in that there is now a requirement for contract terms and notices to be fair.

laurenjo12

That was written following lots of support from people on here.

Coupon-mad

Did you send the SAR to the wrong people? If you only got debt letters back then that suggests you sent the SAR to the DRA/solicitor (wrong people).

Did you since get a SAR from the PPC?