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my draft defence Gladstones - PCM Court action

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  • Sassii
    Sassii Posts: 251
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    Hi Again

    As you knew my set aside case for other case was dismissed & the second case court hearing next month could any one have a look in the points below I'm going to put in the WS.

    Regards

    I am representing myself due to the cost of a solicitor and due to this I request some leeway or in other words please take it easy on me I am new at this.

    (1) It is admitted that the Defendant was the authorised registered keeper of the vehicle in question at the time of the alleged incident.

    (2) As the car mentioned in the particulars of claim was a company car which all company employees & others are insured to drive that car the parking events / alleged breaches were 13-12 months ago, so nobody can remember who was driving. Also I’m not working for this company from xxxx & can’t get any information from them. It’s strictly requested that PCM to provide any evidence of who the driver was and explain from where they got my details.

    (3) As I’m a resident of xxxx the land where the claimant claims a parking charge (s) for breaching of the terms of parking, I would like to explain few points.

    a- I’m a resident in that land since xxxx before PCM apply there parking scheme on that land (Utility bills & PCM letter attached).

    b- PCM been requested by xxxx (as per PCM letter attached) to apply parking scheme.

    c- Private tenant, lease holder and freeholder residents have no relation between them & xxx as they are not the estate management and the estate management is xxxx. Attached tenant agreement, lease holder contract & Land registry.

    d- The claimant, xxxx and xxxx are beyond their authority to provide a private parking scheme in the land in question as there is nothing in the private tenant agreement, lease holder and land registry contracts talking about the estate management has the authority to provide any private parking scheme as what is public and what is owned / managed by the estate management are very clear from drawings attached. All the road in Academy Central are public road, blue marked in drawing, and not managed by any private estate or company

    e- xxxx explains in their web site the protocol of that parking scheme Attached which the claimant (PCM) never adhere with so he has no right to charge the residents for anything as:

    1- PCM never provide to me any parking permit although I asked for that several times. Attached my letters to them.

    2- Protocol said ‘’Residents have the right to load and unload in front of their buildings’’ & ‘’ All blocks should be given a marked shopping or drop off point. This would allow parking free to residents for 15 mins to drop off shopping or other items.’’. PCM never provide a drop off, loading or unloading bays & the few signs on site didn’t offer any grace time for that although IPC Code of practice which they have to follow talking about that attached.
    PCM strictly requested to provide a proof that they provide that bays and the charges issued after parked more than the grace time. Attached a Video showing the marked bays in the land in question.

    3- PCM always pop in during drop off, loading or unloading and targeting the residents not the trespass and issue a charge tickets as explained in the point above.

    4- The protocol clearly explains PCM will provide a fine not to make a contract that override the residents right as per tenant agreement, lease holders or land register contracts.

    5- When PCM started that scheme in that land they provide an independent appeal process through POPLA which they dismissed all parking charges issued from PCM to residents as it’s neither follow the POFA 2012 law nor the BPA COP. Attached that success appeals to POPLA.

    6- At 2015 PCM moved from POPLA appeal process to IPC appeal process which is not independent from private parking companies to avoid appeal process success and make more pressure on the residents to pay that charge. Attached a case with IPC which refer the defendant to the operator for the appeal success reason.

    7- At 2015 PCM replaced their signs which were depend on POFA 2012 with new signs tried to make a parking contract with the residents overriding the lease & land registry contracts. At that time I used my right as a residents & as per the scheme protocol to opt out from that parking scheme and Cancellation Of Contract sent to PCM on xxxx attached and displayed on the car windscreen attached

    8- xxxx and xxxx looks like they sold the residents to the private car park company PCM to cover the cost of applying car park scheme as they only attack the residents not the trespass and tried to override the lease & land registry contract. Also PCM charge the residents and force them to pay for visitor car park which not part of tenant agreement, lease holders or land register contracts.
  • Coupon-mad
    Coupon-mad Posts: 130,105
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    I hope you don't get the same Judge as before!

    Your point about no allowance for loading/unloading drop-off is good, although it need support from the case of Jopson v Home Guard as a persuasive appeal case from a Senior Circuit Judge last year.

    You also need evidence to accompany your WS, e.g. photos and your lease, and your proof of opting out of the scheme (was your set aside case lost, about the same location, your own home? The Judge needs shooting - not literally!). If you opted out then you opted out of the entire 'contract'.

    This is a bit slang-y:
    3- PCM always pop in during drop off, loading or unloading and targeting the residents not the trespass and issue a charge tickets as explained in the point above.

    maybe more like:
    3- PCM's employee invariably targets residents dropping off passengers, or when loading or unloading. This is a predatory operation which is unconscionable and without any legitimate interest, meaning that unlike the wholly different facts in ParkingEye Ltd v Beavis [2015] UKSC 67, this charge undoubtedly remains unrecoverable under the penalty rule which was considered 'engaged' in Beavis (and their charge was only saved by the unique facts/signs in a free retail park).

    3.1 The Claimant -as PCM are infamous for - skulk in corners at sites like this one, then target the residents, not any non-resident trespassers. This is a business practice which is unfair, contrary to the doctrine of good faith, contrary to the stated landowner policy and against the Consumer Rights Act 2015 as well as their own Code of Practice, and case law (the Jopson v Home Guard Appeal case is persuasive on this very issue).
    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 THREAD
  • Sassii
    Sassii Posts: 251
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    Coupon-mad wrote: »
    I hope you don't get the same Judge as before!

    I noticed I didn't say to the judge I'm a resident & I depend on the defend statement I submit assuming he read it but he read the PCM documents more as he knew every thing in it.

    Regards
  • Coupon-mad
    Coupon-mad Posts: 130,105
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    Shocking Judge.

    Hence why you need ALL evidence with your WS this time: case law like the Jopson case, and photos, lease, the policy that says residents can unload, proof you opted out of the scheme and never accepted the 'parking charge' or permit *contract* and maybe proof in a video, of PCM lurking then swooping on a residents' car - go on...you know you want to film the predatory git - do so!

    Is your hearing very soon in October, soon enough that if you win, you could put in an appeal about the set aside one where the Judge erred in law?
    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 THREAD
  • Sassii
    Sassii Posts: 251
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    Coupon-mad wrote: »
    Shocking Judge.


    Is your hearing very soon in October, soon enough that if you win, you could put in an appeal about the set aside one where the Judge erred in law?

    Gladestones missed the court trial fee payment day. could I ask the court to struck out the case and ask for costs? . Is struck out will help with my other case?.

    Regards
  • Coupon-mad
    Coupon-mad Posts: 130,105
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    Yes and yes, if you are up to appeal the other decision not to set aside a CCJ.
    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 THREAD
  • Sassii
    Sassii Posts: 251
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    edited 10 October 2017 at 2:43PM
    Coupon-mad wrote: »
    Yes and yes, .

    The court didn't respond to my struck out request letter. Just spoke to the court Gladstones didn't pay the fees and judge didn't take a decision yet. I have to submit the WS this Thursday & I don't want to send my evidence to Gladstones, could I?. Also if I have to send my WS & evidences to Gladstones could I email to them saving cost of printing & postage?.

    Regards
  • nosferatu1001
    nosferatu1001 Posts: 12,961
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    Acknowledge the claim
    Prepare your defence
    Show it here.

    That’s it. In your defence you include that the PoC are woefu, but you submit a full defence regardless.
  • Sassii
    Sassii Posts: 251
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    edited 10 October 2017 at 9:16PM
    Davewamr1 wrote: »
    Hi guys,

    I've been issued court claim documents from ukpm.

    Please open your own thread and check Sticky: **NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!
  • Umkomaas
    Umkomaas Posts: 41,198
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    Sassii wrote: »
    Please open your own thread and check Sticky: **NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!

    Absolutely agree. Asking relatively simple questions in someone else’s thread can lead to confusion, but dropping a whole defence into it, asking for critique and fine tuning, is outrageous.

    @Davewamr1 - please, no more of your case on this thread.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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