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  • FIRST POST
    • Sassii
    • By Sassii 21st Nov 17, 10:18 PM
    • 218Posts
    • 166Thanks
    Sassii
    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 (Itís 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 canít 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 didnít send any evidences requested by my previous letters).

    If you would like to view images of the charge, these can be found at www.paymypcn-uk.co.uk. Your PCN Number (xxxx) and Vehicle Registration (xxxx) will be required to view the images. (that images doesnít 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 didnít 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 Iím 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 3
    • Umkomaas
    • By Umkomaas 10th Nov 18, 9:36 PM
    • 21,435 Posts
    • 33,826 Thanks
    Umkomaas
    The case that keeps giving. Loving it.

    Well done Sassii - a great fightback. Taking it to the instigator of the PPC contract could jerk a few MAs to wake up to the potential consequences of dancing with the devil.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • NeilCr
    • By NeilCr 10th Nov 18, 9:54 PM
    • 2,568 Posts
    • 3,727 Thanks
    NeilCr
    Just watch out that, if you win, the costs aren't lumped into next year's service charges.
    • Sassii
    • By Sassii 20th Nov 18, 2:51 PM
    • 218 Posts
    • 166 Thanks
    Sassii
    on line particulars of claim
    Hi All

    could please some one help reviewing the below particulars of claim which we are going to fill online so max. 1080 characters. residents are going to give MA a xmas Claim Form gifts pushing MA to kick off pcm from site.


    The Claimant claims £750 for the damage and/or distress and indemnity cost if applicable in respect of breaches of the Data Protection Act 1998 (DPA) as:
    Defendant’s contractor Parking Control Management (UK) Ltd (pcm) unlawfully asked for Claimant data from DVLA for alleged parking charge for incident on xxxxxxxxxx at xxxxxxx xxxxxxx xxxxxxxxxxx, xxxxxxxx. Also pcm processed Claimant data to xxx and Gladstone’s Solicitors although Claimant served to pcm section 10 notice under the DPA.

    Defendant liability as a Management Company has agreement with pcm is clearly established.

    Defendant did not respond to Claimant’s requests to settle the issue which increasing the damage and/or distress to the Defendant for a year and half from xxxxxxxxxx to xxxxxxxxxx.

    pcm legal proceeding v Claimant, claim number xxxxxxxx, was struck out on xxxxxxxxxx hearing at Romford county court as Claimant proved to court his right under contract T&C with the Landowner, pcm had no cause of action nor prospect of success and for pcm non compliance.
    Last edited by Sassii; 20-11-2018 at 2:58 PM.
    • bargepole
    • By bargepole 20th Nov 18, 3:47 PM
    • 2,518 Posts
    • 7,225 Thanks
    bargepole
    Here it is in the proper legal format. 945 characters, but by the time you insert the dates it will be close to the limit:

    Claim for damages arising from Defendant's breach of the Data Protection Act 1998. The Defendant, a property management company, contracted with a third party private parking operator (PCM UK) on [DATE]. On the following dates [DATES], their contractor unlawfully obtained the Claimant's personal data from the DVLA, unlawfully processed that data, and unlawfully shared that data with a third party (Gladstones Soloicitors). The contractor's claim against the Claimant, no. [CLAIM NO] was dismissed res judicata at Romford County Court on [DATE], where it was held that the contractor had no cause of action due to the primacy of contract of the Lease. The Claimant has made complaints to the Defendant for some 18 months regarding this issue, with no resolution. Consequent upon the breach, the Claimant has suffered loss and damage, for which the Defendant is held to be vicariously liable.. And the Claimant claims a) £750 in damages; b) Costs.
    Last edited by bargepole; 20-11-2018 at 3:54 PM.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 36, lost 10), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and am a Graduate member of CILEx, studying towards a Fellowship (equivalent to solicitor) in Civil Litigation. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
    • Sassii
    • By Sassii 20th Nov 18, 9:38 PM
    • 218 Posts
    • 166 Thanks
    Sassii
    Here it is in the proper legal format. 945 characters, but by the time you insert the dates it will be close to the limit:
    Originally posted by bargepole
    Thanks v much
    • Coupon-mad
    • By Coupon-mad 21st Nov 18, 12:56 AM
    • 66,147 Posts
    • 78,584 Thanks
    Coupon-mad
    Can't get better than that advice! Power to your elbow, Sassii, hope this works and PCM are kicked out.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Sassii
    • By Sassii 5th Dec 18, 9:56 PM
    • 218 Posts
    • 166 Thanks
    Sassii
    Hi All

    Received a reply to my LBC from MA solicitor saying '' My Client does not believe a breach of the data protection rules requiring a payment of compensation has occurred. I am advised by my client that pcm UK actions are in my client's legitimate interest to enforce parking fines at xxxx''
    • fisherjim
    • By fisherjim 5th Dec 18, 10:04 PM
    • 3,426 Posts
    • 5,283 Thanks
    fisherjim
    Hi All

    Received a reply to my LBC from MA solicitor saying '' My Client does not believe a breach of the data protection rules requiring a payment of compensation has occurred. I am advised by my client that pcm UK actions are in my client's legitimate interest to enforce parking fines at xxxx''
    Originally posted by Sassii

    I doubt "their client" knows what they are talking about and neither does the solicitor if they actually said "to enforce parking fines"!
    • Umkomaas
    • By Umkomaas 5th Dec 18, 10:07 PM
    • 21,435 Posts
    • 33,826 Thanks
    Umkomaas
    On the nail fj! Well spotted.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • Sassii
    • By Sassii 5th Dec 18, 10:40 PM
    • 218 Posts
    • 166 Thanks
    Sassii
    I doubt "their client" knows what they are talking about and neither does the solicitor if they actually said "to enforce parking fines"!
    Originally posted by fisherjim
    you are right. Claim form already issued before receiving that reply as MA replied 20 days from LBC.
    • Coupon-mad
    • By Coupon-mad 5th Dec 18, 10:43 PM
    • 66,147 Posts
    • 78,584 Thanks
    Coupon-mad
    Nice one, keep us updated.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Sassii
    • By Sassii 15th Jan 19, 10:45 PM
    • 218 Posts
    • 166 Thanks
    Sassii
    Nice one, keep us updated.
    Originally posted by Coupon-mad
    Hi All

    Please find the link to Management Agent Statement of Defence

    http://www.keepandshare.com/doc16/view.php?id=22075&da=y

    MA tried to say they are not the Management Agent but rather is a housing trust. Also they tried to say they are not a part of the struck out case, etc...

    Could please all review MA Statement of Defence and give me your opinion of that so I can prepare the witness statement.

    Regards to you all
    • Coupon-mad
    • By Coupon-mad 16th Jan 19, 11:23 PM
    • 66,147 Posts
    • 78,584 Thanks
    Coupon-mad
    Bumping for anyone's input please.

    Haven't got time; I have a backlog of POPLA appeals to do.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
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