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    • Sassii
    • By Sassii 21st Nov 17, 10:18 PM
    • 194Posts
    • 118Thanks
    PCM & Gladstones want a revenge
    • #1
    • 21st Nov 17, 10:18 PM
    PCM & Gladstones want a revenge 21st Nov 17 at 10:18 PM
    Hi All

    I received a new email from Gladstones for a new case which they sent a LBC in July and I replied to it as usual asking for more Information and with who they contracted and request a copy of their contract.
    Below is there email and what I'm going to reply in red, could you please review and advise.

    Good Afternoon mr. xxxx,

    As per your request, no further action was taken between the dates specified (Thanks very much), however we apologise for our delay in responding (Your apologise is not acceptable as you put me under stress all of that period, costs will be claimed against your client).

    Your references to cancelling of contract etc are unsubstantiated (I disagree),
    please provide these letters / anything you deem relevant to your claim so that they may be reviewed ( check your company emails, correspondences to you & your client PCM it was sent several times and check PCNs photos it was in the cars wind screen).
    In any event, such a contract and agreed sums are rejected (It’s too late now to reject as PCM already accepted that payment by their action long time ago. PCM accepted to pay me £500 for any PCN issued to any property related to me & that contract will be renew every time PCM do).

    CPR 31.14 applies to those cases where litigation has began, as no claim has been issued on this case we trust you agree no prejudice has been suffered as a result. (Disagree as I suffered from stress and time waste occurred)

    You may be aware of that your previous attempt to have the Judgment obtained against you set aside was dismissed, although in that instance you were being represented by a Solicitor. If you would like us to correspond with your legal advisor going forward please confirm this by return and we will contact them directly regarding this matter. (you should contact my Solicitor when he asked for information and cc to myself)

    In previous cases your parking charges were appealed where you admitted to being the driver (disagree with the whole sentence, I never admitted I was the driver), although if this is not the case here then it is rejected our Client does not use POFA Schedule 4's guidelines when pursuing a keeper of the vehicle (disagree as your client PCM mentioned POFA 2012 Schedule 4 in his correspondences & you can’t go back now) .

    We deny that the letter you have sent constitutes a draft claim form as you suggest. This is a letter before claim which is compliant with the pre-action protocol at the time of sending. Again we wish to remind you that no proceedings have been issued on this claim and therefore the pre-action protocol has not been breached - this correspondence is sent to clarify our Client's position and we invite you to expand upon our comments (disagree as you didn’t send any evidences requested by my previous letters).

    If you would like to view images of the charge, these can be found at Your PCN Number (xxxx) and Vehicle Registration (xxxx) will be required to view the images. (that images doesn’t show your client contract with the landowner please sent prove that your client have a contract to provide a private park scheme in the land in question).

    In terms of the pre-action protocol;

    ADR options have been explored via our Client's appeal procedure, with a further appeal procedure being afforded should you wish to explore it. However, if you would like to enter negotiation we invite you to make an offer for our Client's consideration. (I deny any debt to your client PCM )

    If a conclusion to this case cannot be drawn via this correspondence, our Client may elect to issue legal proceedings to facilitate the recovery of this debt.

    We confirm however that any counterclaim will be robustly defended should it be necessary to do so - however you have not explained your case and why you do not believe yourself to be liable for this charge. You & your client have not explained their authority to run a private parking scheme, nor provide the contract with the landowner as requested and also didn’t named with who PCM have a contract to run such scheme in the land in question. I already explained my case and reasons why I do believe I’m not liable in all my correspondences to you & your client PCM, so no more explanation or data will be present to you, especially after your previous unreasonable behave in court case xxxx, up to you send all the requested documents including contract / chain of contract with the landowner authorise your client PCM to provide a private park scheme in xxxx.

    We are aware of costs being awarded, but we finally must stress this matter has not reached a claim stage and invite your comments on the above (as per my comments above please apologise for your unreasonable behave and discontinue that case at this stage immediately).

    In the event this is not received within 14 days from the date of this email, as mentioned above, legal proceedings may be issued to facilitate the recovery of this debt.

    We look forward to hearing from you.

    Kind Regards,
Page 2
    • Sassii
    • By Sassii 9th Apr 18, 10:44 PM
    • 194 Posts
    • 118 Thanks
    Received a claim form
    Hi again

    Received a court claim form in less than 30 days from my documents request letter / filled reply form plus they didn't send any documents I requested in my reply letter / reply form. That is clearly breach of the new protocol for debit claim. I'm going to point that in my defend and will ask to struck out / stay the case up to Gladstones submit the required documents and sent clear particular of claim.

    Any more ideas?

    • Coupon-mad
    • By Coupon-mad 11th Apr 18, 12:31 AM
    • 62,736 Posts
    • 75,676 Thanks
    As well as that, you need a decent defence on all points, so search for a recent Gladstones defence
    • Sassii
    • By Sassii 21st Apr 18, 10:55 PM
    • 194 Posts
    • 118 Thanks
    Draft defence 1
    Hi All

    Could someone please review my draft defence for Preliminary section below specially point no.1, 2, 2.1, 2.2 b, c & g as I made them by myself

    Statement of Defence


    CLAIM No: xxxx




    xxxx (Defendant)

    I am xxxx and I am the Defendant in that matter. I am representing myself due to the cost of a solicitor and due to this I request some leeway.


    1- The Defendant is a resident, buyer & Transferee and he or who authorised by him have the right for their action along with other granted rights and benefits under Terms & Conditions of Land Registry contract between the Defendant and the Transferor / Landowner of xxxx (the land where the Claimant claims a parking charge (s) for breaching of the terms of parking). The Claimant has no reasonable ground for bringing that claim as there is no any kind of parking restriction or any parking charge(s) mentioned in the Land Registry mentioned above.

    2- The Defendant invites the court to strick out or dismiss that claim by exercising its inherent case management powers pursuant to Civil Procedure Rules (CPR) 3.4 (2): The court may strike out a statement of case if it appears to the court –
    (a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;
    (b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or
    (c) that there has been a failure to comply with a rule, practice direction or court order.

    CPR 3.4 (2)(a),(b) and (c) mentioned above are applied to that claim as explained in first paragraph and will be explained in details below:

    2.1 Non compliance with New Protocol for Debt Claims:
    a- The Claimant and his Solicitor Gladstones as professional bodies must know there is a new Protocol for debt claims came into force from 01 October 2017 made by the Master of the Rolls as Head of Civil Justice.
    b- Since court proceedings started on xxxx , six months after the new protocol came into force, so that protocol clearly applies and must be complied with prior starting that court proceeding.
    c- The Defendant in his letter dated xxxx advised and put into attention of Claimant’s solicitor Gladstones that they must comply with the new protocol but they chose to ignore it preventing the Defendant to file proper defence.
    d- The Claimant and his solicitor Gladstones ignored and didn’t comply with the new protocol as they didn’t served the Defendant with the documents they are going to rely on, the forms required by that new protocol and the documents or information requested by the Defendant in his letters dated xxxx , xxxx , xxxx and email dated xxxx .

    2.2 Inadequate Particulars Of Claim:
    a- The brief Particulars of Claim in the claim form breaches and failed to fulfil the pre court protocols in relation to the particulars of claim under Practice Direction 16, set out by the Ministry of Justice and also Civil Procedure Rules (CPR) under 16.4 as it does not include a statement of the facts on which the Claimant relies and only referring to a Parking Charge(s) with no further description nor details.
    b- The Claimant also breaches and failed to fulfil PD 7E Money Claim Online as he chose to insert brief summary of the Particulars of Claim, so he must adhere with Paragraph 5.2 (2) which stated that:
    ‘’Detailed particulars of claim must:
    (2) served and filed by the claimant separately from the claim form in accordance with paragraph 6 but the claimant must –
    (a) state that detailed particulars of claim will follow; and
    (b) include a brief summary of the claim,’’
    c- The Claimant failed to serve detailed Particulars of Claim to the Defendant within the time limit, 14 days after service of the claim form, as stated in PD 7E Paragraph 6 or CPR 7.4(1)(b).
    d- That brief Particulars of Claim lacks specificity, incompetent, are embarrassing and fails to establish a cause of action which would enable the Defendant to prepare a specific or proper full defence.
    e- There is no information regarding why the charge arose, what the original charge was, what the alleged contract was nor anything which could be considered a fair exchange of information.
    f- The Practice Direction also sets out the following example which is analogous to this claim: ‘those which set out no facts indicating what the claim is about, for example ‘Money owed £5000’.’
    g- Claimant my rely on part of PD 7E paragraph 5.2A for not sending the documents or evidence he is going to rely on it under paragraph 7.3 of Practice Direction 16, but that doesn’t apply in that claim as Claimant must serve and file separate detailed particulars of Claim as explained in above point and there is no contract in force between Claimant and Defendant.
    h- The Defendant believes the term for such conduct is ‘robo-claims’ which is against the public interest, demonstrates a disregard for the dignity of the court and is unfair on unrepresented consumers. I have reason to believe that this is a claim that will proceed without any facts or evidence supplied until the last possible minute, to my significant detriment as an unrepresented Defendant.
    i- The Claimant’s solicitor Gladstones are known to be a serial issuer of generic claims similar to this one, with no due diligence, no scrutiny of details nor even checking for a true cause of action. HMCS have identified thousands of similar poorly pleaded claims.

    3- The Claimant’s Solicitor Gladstones been shamed in parliament debate on 02 February 2018 for his poor practiced mentioned above hoping to get Regular or Default judgment against Defendant.

    4- Court cases Defendant depends on it:
    a- The Defendant previous case with the same Claimant and his Solicitor Gladstones case number xxxx at xxxx county court was struck out as the Claimant neither paid the court fees nor served his Witness Statement to the court or the Defendant and the Defendant awarded costs under CPR 27.14(g). Also all Claimant trials to set aside or appeal the struckout order was dismissed / refused.
    b- In case number C3GF84Y (Mason, Plymouth County Court), the judge struck out the claim brought by KBT Cornwall Ltd as Gladstones, the same Claimant’s Solicitors, had not submitted proper Particulars of Claim.
    c- Similar reasons were cited by District Judge Cross of St Albans County Court on 20 September 2016 where another relevant poorly pleaded private parking charge claim by Gladstones, the same Claimant’s Solicitors, was struck out without a hearing due to their ‘roboclaim’ particulars being incoherent, failing to comply with CPR16.4, and ''providing no facts that could give rise to any apparent claim in law''.

    Alternatively if the court doesn’t struck out or dismissed that claim the Defendant asks for:
    1- To limit the Claimant only to the unevidenced allegations in the Particulars.
    2- Or to stay that case up to Claimant comply with New Protocol for debt claims, comply with Civil Procedure Rules (CPR), Prectice Direction (PD) mentioned above and serve a detalied Particular of claim and statement of the facts as the Defendant is prejudiced and unable to prepare a full and complete Defence. The Defendant reserves the right to seek from the Court permission to serve an amended defence should the Claimant add to or expand his Particulars at a later stage of these proceedings.
    • IamEmanresu
    • By IamEmanresu 14th Oct 18, 5:26 AM
    • 3,664 Posts
    • 5,999 Thanks
    wait for appeal period to elapse
    Most likely the bailiffs would tell you to wait but as they wouldn't do it immediately then the appeal period may time out. Your money though.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend
    2. Template defences that say nothing
    3. Forgetting about the Witness Statement
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