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Do I have a valid defence?
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Thanks everyone.
So then, my defence is that the sign was hidden amongst the other signs and not clearly visible, and that the End of limited parking restriction sign caused confusion as to where the public highway ended and the private land began. Would this be correct and could someone please assist in putting this into a legible defence statement.
I read also I should ask for things like the contract between the landowner and PPC plus other things is that correct also?0 -
Yes, but thats all in NEWBIES thread, post 2, whcih surely you have read by now?
This is your defence, YOU do the legwork in drafting something. That way you should understan it.0 -
I found This letter and I plan to send to them is this ok so far?
I'll add the defence statement later
April 13, 2018
Gladstones Solicitors
The Terrace
High Leigh Park,
Warrington Rd
High Leigh
WA16 6AA
Your Ref: ..........
Dear Sirs,
I am in receipt of your Letter Before Claim of 9th April 2018.
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:
1. an explanation of the cause of action
2. Whether they are pursuing me as driver or keeper
3. Whether they are relying on the provisions of Schedule 4 of POFA 2012
4. 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
5. 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.
6. Is the claim for trespass? If so, provide details.
7. 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;
8. A plan showing where any signs were displayed
9. Details of the signs displayed (size of sign, size of font, height at which displayed)
10. Provide details of the original charge, and detail any interest and administrative or other charges added
11. Provide a copy of the Information Sheet and the Reply Form
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) !!!8211; 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 faithfully
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Wait, so you dont yet have a claim form? Or do you?
Youve not given many details so far. Tell us PRECISELY whatr stage you are at.0 -
I received a claim form but I don't recall getting a pre claim0
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Sorry it looks like I copied and pasted the wrong letter, I was going to edit this version and request a copy of the LBC as I don't think I received one
feel very silly now0 -
Don't spend any time faffing about a lba. It's not relevant now
Acknowledge the claim. Now.
What is the issue date of the form. Once acknowledged you have 33 days from that date.0 -
+1 nosferatu - stuff the skirmishing, the claim is the only thing that matters once you have received court proceedings.
I suggest you start to do some reading on your topic and have a think about how you plan to flesh out that defence. Don't be intimidated by the templates - many of which will contain information not relevant to your case. Be reassured that the particulars are usually so poor, your Defence will be much better than their case. You will need to research this, because no one will tell you what exactly to write.0 -
Why not search for PCM Gladstones claim or PCM Gladstones defence as forum keywords.
Threads like yours are everywhere on the forum and it amazes me that newbies write as if they are the only one with a claim and give an appearance of not reading others, despite the fact we do several every day and threads EXACTLY like yours, same claim, same scam, same company, same defence basics are right here waiting for you to read them and learn from.
Do the AOS online, exactly as the NEWBIES thread shows you in a pictogram link, and spend the weekend/next week reading PCM defence threads and draft your own.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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