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  • FIRST POST
    • MrsG2711.
    • By MrsG2711. 14th Jul 17, 10:32 AM
    • 10Posts
    • 10Thanks
    MrsG2711.
    Claim form-county court business centre
    • #1
    • 14th Jul 17, 10:32 AM
    Claim form-county court business centre 14th Jul 17 at 10:32 AM
    I have received a claim letter via Gladstone solicitors on behalf of uk car park management.

    So far I have ignored all correspondence, I have done this as the pcn (invoice) was received in a residential car park where no revenue is being generated. Everyone I know who has received these invoices have ignored them but now I am unsure as to whether I should respond. I don't see how I can be fined if no revenue is being lost.

    I am thinking of just ignoring this letter too as this is simply a processing centre and their letters look like copies of an original

    Any advice welcome
Page 6
    • MrsG2711.
    • By MrsG2711. 29th Dec 17, 6:47 PM
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    MrsG2711.
    Unless email is acceptable within part 27 of CPR!! I shall have another rad of it.

    I did not agree to email and have not received any correspondence/calls from gladrags regarding email.
    • nosferatu1001
    • By nosferatu1001 29th Dec 17, 6:55 PM
    • 2,759 Posts
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    nosferatu1001
    Email CAN be used for service but only with telephone agreement...
    • MrsG2711
    • By MrsG2711 30th Dec 17, 10:57 AM
    • 54 Posts
    • 29 Thanks
    MrsG2711
    I have just read that the WS should be sent as a pdf. Mine was printed and indexed in a folder. Should I resend as pdf too. I did call the court and a clerk said this would be ok
    • nosferatu1001
    • By nosferatu1001 30th Dec 17, 11:44 AM
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    nosferatu1001
    As long as it was served, you!!!8217;re good.
    • MrsG2711.
    • By MrsG2711. 3rd Jan 18, 9:09 PM
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    MrsG2711.
    In response to my email telling gladrags that they were late with their WS and that I didn't agree to accept email, they have responded saying that my email address was on the DQ therefore they saying I agree.

    They may have a point as I did write down my email address but didn't realise it was to receive the WS. This still doesn't excuse it being late.

    Further to this they also say that they have not received my WS when clearly they did and tailored their late response to it.

    They have asked that I email it which I will decline as I have a delivery receipt from the post office to say it was delivered.

    Any thoughts.
    • Quentin
    • By Quentin 3rd Jan 18, 10:41 PM
    • 35,908 Posts
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    Quentin
    Why not keep the high ground??
    • Coupon-mad
    • By Coupon-mad 3rd Jan 18, 10:45 PM
    • 58,491 Posts
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    Coupon-mad
    They may have a point as I did write down my email address
    No they don't. They are playing a game.


    but didn't realise it was to receive the WS.
    It wasn't.


    This still doesn't excuse it being late.
    Agreed! Cut them no slack.

    I have a delivery receipt from the post office to say it was delivered.
    Email them a scan of the delivery receipt (not the WS) and laugh...this all shows they are being unreasonable.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • nosferatu1001
    • By nosferatu1001 4th Jan 18, 12:32 AM
    • 2,759 Posts
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    nosferatu1001
    Yep, and the cpr are clear that you have to TELEPHONE to confirm the email server in use will handle the attachment. That doesn’t cut it

    I would respond with the scan, plus excerpts from THEIR ws where they’ve clearly tailored the response, and state you will bring it to the courts attention tha they have lied to you , both about not receiving the ws and that you had agreed to accept service by email

    Cpr 6a
    4.2 Where a party intends to serve a document by electronic means (other than by fax) that party must first ask the party who is to be served whether there are any limitations to the recipient's agreement to accept service by such means (for example, the format in which documents are to be sent and the maximum size of attachments that may be received).
    • MrsG2711
    • By MrsG2711 6th Jan 18, 6:53 PM
    • 54 Posts
    • 29 Thanks
    MrsG2711
    Claimant Witness Statement














    Please see links to the claimants witness statement, I hope they work.

    Interestingly the contract is written and signed after the ticket was issued (Dec 16) and after the LBC. Even more interesting, the 'site' 'relevant land' is not on the list of sites that the housing instructed the parking company to manage!

    In my opinion their WS is written referencing elements of my WS which they say they did not receive. In my original defence I did not say they there was 'no contract'. I said the tenancy agreement pre dates the contract between the housing and parking company. I did not mention the entrance sign either in my original statement.

    Your thoughts are most welcome
    Last edited by MrsG2711; 06-01-2018 at 9:32 PM.
    • Quentin
    • By Quentin 6th Jan 18, 9:22 PM
    • 35,908 Posts
    • 20,164 Thanks
    Quentin
    If you have redacted the photos to stop the ppc identifying you then you need to redact the exact date & time (to the second) on the photo of the sign
    • IamEmanresu
    • By IamEmanresu 7th Jan 18, 7:23 AM
    • 2,412 Posts
    • 4,298 Thanks
    IamEmanresu
    Even more interesting, the 'site' 'relevant land' is not on the list of sites that the housing instructed the parking company to manage!
    The first issue is the one you have raised which is that the location is not mentioned. The second will be the signatory on page 5. The difference between the first 4 pages and the 5 make it look like this "contract" has been constructed after the event and may be false or at least questionable.

    It won't be the first time a false/constructed UKCPM contract has been presented at court to my knowledge. But the killer should be the location.

    Get a huge list of costs and send it over to them as you should be able to pick up some cash for this one. Would also suggest that issuing claims on land they have no contract for is unreasonable as defined by 27.14 2(g)
    Last edited by IamEmanresu; 07-01-2018 at 7:29 AM.
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
    • MrsG2711
    • By MrsG2711 7th Jan 18, 10:05 AM
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    MrsG2711
    The contract was written Au17 months after the event. It was probably only written as I was demanding to see one and denying its existence
    • IamEmanresu
    • By IamEmanresu 7th Jan 18, 10:48 AM
    • 2,412 Posts
    • 4,298 Thanks
    IamEmanresu
    Get a huge list of costs and send it over to them as you should be able to pick up some cash for this one. Would also suggest that issuing claims on land they have no contract for is unreasonable as defined by 27.14 2(g)
    Should have said you send it to Gladstones and the court. Have a look at Peperlini's arguments with regards to costs here

    http://forums.moneysavingexpert.com/showthread.php?p=73611836#post73611836
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
    • Umkomaas
    • By Umkomaas 7th Jan 18, 10:51 AM
    • 18,003 Posts
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    Umkomaas
    The parking sign image is showing UKCPM as being members of the BPA AOS (see the roundel logo). If your parking event was December 2016, then this sign is either not the one from the site at the time, or it was showing false information. UKCPM joined the IPC in October 2015.

    This might give you some idea as to how serious the display of the incorrect Trade Association can be for a parking company.

    http://parking-prankster.blogspot.co.uk/2017/06/new-generation-parking-management-found.html

    Trading Standards might be your next port of call?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • MrsG2711.
    • By MrsG2711. 7th Jan 18, 10:55 AM
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    MrsG2711.
    Thanks you, i did notice this, there is also a photo in their bundle that looks photoshopped.
    • MrsG2711.
    • By MrsG2711. 7th Jan 18, 11:05 AM
    • 10 Posts
    • 10 Thanks
    MrsG2711.
    Although with regards to the sign it does only say member of BPA which I believe is permitted. The approved operator is IAS
    • Umkomaas
    • By Umkomaas 7th Jan 18, 11:09 AM
    • 18,003 Posts
    • 28,501 Thanks
    Umkomaas
    Although with regards to the sign it does only say member of BPA which I believe is permitted. The approved operator is IAS
    Originally posted by MrsG2711.
    That sign says they are an AOS member of the BPA. Exactly the same issue as that raised in the NGPM case.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • MrsG2711
    • By MrsG2711 7th Jan 18, 12:06 PM
    • 54 Posts
    • 29 Thanks
    MrsG2711
    Umkomass, specsavers moment on my behalf. You are correct signage was incorrect at material time.

    There are so many things wrong with their case, it will take all morning to point them out
    • Castle
    • By Castle 7th Jan 18, 12:25 PM
    • 1,768 Posts
    • 2,393 Thanks
    Castle
    Umkomass, specsavers moment on my behalf. You are correct signage was incorrect at material time.

    There are so many things wrong with their case, it will take all morning to point them out
    Originally posted by MrsG2711
    Not only is the sign incorrect, but the witness has stated, (paragraph 11) that it has been "audited and approved" by the IPC; (but as usual has failed to provide any evidence to support their statement).

    PS; 0845 numbers were banned in June 2014.
    • Umkomaas
    • By Umkomaas 7th Jan 18, 1:37 PM
    • 18,003 Posts
    • 28,501 Thanks
    Umkomaas
    I don!!!8217;t know how far away you are from the site, but if reasonably close by, I!!!8217;d be getting some photos of their current signage. If they still show the BPA in a roundel, then it!!!8217;s straight off to TS.

    In fact you should be contacting TS as the PPC is trying to sue you and has signed a Statement of Truth that the sign they have provided as evidence is the correct one at the time of parking event. Take copies of the WS and a copy of the Prankster blog, as well as anything else that you can dig up from internet searches.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
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