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  • FIRST POST
    • neeraj89
    • By neeraj89 23rd Mar 18, 4:35 PM
    • 64Posts
    • 36Thanks
    neeraj89
    Lbc for parking in my own bay
    • #1
    • 23rd Mar 18, 4:35 PM
    Lbc for parking in my own bay 23rd Mar 18 at 4:35 PM
    Hi everyone,
    I have received a LBC from Gladstones for 6 PCN's I had received for parking in my own residential bay. I have prepared a reply to them so need your opinion on it.

    In June 2017, we moved into our newly built flat (purchased) and we have one allocated parking bay. There was no parking company managing the bays and some sings were later put up in August 2017 but no fines and no permits were issued as well.

    In September I got 6 PCN's one after the other as I didn't use my car for 6 days and can't see my car when entering and exiting the building. when I spotted the PCN's, I appealed stating that no permits were given but they rejected my appeal and told me that permits were hand delivered a week ago.I had to purchase a new permit for 10 quid so i could park in my own property.

    I either didn't receive it or lost it bymistake. Anyways I ignored all their letters after that and now received a LBC from Gladstones. I know they have no chance of wining in court but want your help to make my reply strong enough so it never goes to court.

    I am a LEASEHOLDER and have read my lease twice and there is no mentioned of Parking and property management being given the contract to manage the parking bays. And my lease clearly states that the PARTICULAR BAY is a part of my purchase and is marked in RED in parking plan which is a part of the lease.

    I have read the newbies thread and drafted the below reply. Let me know if its good enough, if not what changes should I make.

    FIRST DRAFT:
    Gladstones Solicitors
    The Terrace
    High Leigh Park Golf Club
    Warrington
    Cheshire
    WA16 6AA

    19th March 2018

    Your Ref:xxxxxxxxxxx

    Dear Sirs,

    I am in receipt of your Letter Before Claim dated 06th March 2017.
    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;establishing yourself as the creditor;
    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. Proof of parking permit being delivered to my address

    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
Page 7
    • neeraj89
    • By neeraj89 3rd Aug 18, 5:30 PM
    • 64 Posts
    • 36 Thanks
    neeraj89
    Hello everyone,

    My case shows as DEFENDED in MCOL

    What is the next step now ? Will i receive Directions Questionnaire ??

    Do all cases have a hearing or the judge can make a decision based on my defence ??

    At what stage do I have to send witness statement ?
    • Redx
    • By Redx 3rd Aug 18, 5:32 PM
    • 19,613 Posts
    • 24,915 Thanks
    Redx
    see the BARGEPOLE post linked in the NEWBIES FAQ sticky thread post #2


    that thread covers all these types of questions and should be checked before posting
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • neeraj89
    • By neeraj89 9th Aug 18, 12:50 PM
    • 64 Posts
    • 36 Thanks
    neeraj89
    I have received an email from GLAGRAGS.

    quote:
    Dear XXX

    Parking and Property Management Limited

    -v-
    XXX XXX

    We act for the Claimant and have notified the Court of our Client!!!8217;s intention to proceed with the claim.

    Please find attached a copy of our Client!!!8217;s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing

    This request is sought simply because the matter is in our Client!!!8217;s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate.

    You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward.

    Yours sincerely
    unquote


    Link to documents attached in the email:
    https://www.dropbox.com/s/qp4jlujy32cx3mt/20180809124054039.pdf?dl=0
    https://www.dropbox.com/s/ce087hktiwkxgc1/N180%20Special%20Direction.DOC?dl=0
    • Umkomaas
    • By Umkomaas 9th Aug 18, 1:30 PM
    • 19,731 Posts
    • 31,211 Thanks
    Umkomaas
    How to deal with this (if you're looking for advice - it's not clear from your post) is specifically covered in the NEWBIES FAQ sticky, post #2.
    The fact that I have commented on your thread does not mean I have become your personal adviser. A long list of subsequent questions addressed for my personal attention is unlikely to receive a reply.
    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.
    • nosferatu1001
    • By nosferatu1001 9th Aug 18, 1:40 PM
    • 3,677 Posts
    • 4,506 Thanks
    nosferatu1001
    ..and if you had searched you would have seen this is their entirely standard response. You DO NOT fill out the N159 but your own N180.
    • neeraj89
    • By neeraj89 9th Aug 18, 3:27 PM
    • 64 Posts
    • 36 Thanks
    neeraj89
    How to deal with this (if you're looking for advice - it's not clear from your post) is specifically covered in the NEWBIES FAQ sticky, post #2.
    Originally posted by Umkomaas
    I want to know if I should be replying to GALDRAGS to their email or wait for county court to get in touch with me.
    • Quentin
    • By Quentin 9th Aug 18, 3:49 PM
    • 37,507 Posts
    • 21,727 Thanks
    Quentin
    All covered by the answers given to you in #124 & #125 above
    • IamEmanresu
    • By IamEmanresu 10th Aug 18, 6:39 AM
    • 3,658 Posts
    • 5,978 Thanks
    IamEmanresu
    I want to know if I should be replying to GALDRAGS to their email or wait for county court to get in touch with me
    Rather than wait, you can download the form here. What you put on the form is in the Newbies thread

    https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • nosferatu1001
    • By nosferatu1001 10th Aug 18, 10:48 AM
    • 3,677 Posts
    • 4,506 Thanks
    nosferatu1001
    You really must keep referring back to the newbies thread
    post 2

    every time you have a question about process, it will be in there already.
    • neeraj89
    • By neeraj89 10th Aug 18, 11:50 AM
    • 64 Posts
    • 36 Thanks
    neeraj89
    Rather than wait, you can download the form here. What you put on the form is in the Newbies thread

    https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track
    Originally posted by IamEmanresu
    Thanks. I read the newbies thread and also read your post on how to fill the form.

    will do it and send to the court today.

    Should I send a copy to Gladrags also ?
    • Loadsofchildren123
    • By Loadsofchildren123 10th Aug 18, 11:57 AM
    • 2,371 Posts
    • 3,956 Thanks
    Loadsofchildren123
    Don't do it now.
    Wait until the court sends it to you. It will be sent to you with a court order provisionally allocating the case to small claims track and that order will tell you by what date you must return the DQ.
    Don't let Gladrags panic you. They always do this.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • neeraj89
    • By neeraj89 10th Aug 18, 12:25 PM
    • 64 Posts
    • 36 Thanks
    neeraj89
    Don't do it now.
    Wait until the court sends it to you. It will be sent to you with a court order provisionally allocating the case to small claims track and that order will tell you by what date you must return the DQ.
    Don't let Gladrags panic you. They always do this.
    Originally posted by Loadsofchildren123
    ok. I will fill the form and keep it ready.

    Regarding the email from Gladrags - do I have to reply to them or just leave it for now till I get a court order.
    • nosferatu1001
    • By nosferatu1001 10th Aug 18, 1:00 PM
    • 3,677 Posts
    • 4,506 Thanks
    nosferatu1001
    No, you dont have to reply to them.
    The form N180 clearly tells you to send it to all parties...
    • neeraj89
    • By neeraj89 13th Aug 18, 11:12 AM
    • 64 Posts
    • 36 Thanks
    neeraj89
    Don't do it now.
    Wait until the court sends it to you. It will be sent to you with a court order provisionally allocating the case to small claims track and that order will tell you by what date you must return the DQ.
    Don't let Gladrags panic you. They always do this.
    Originally posted by Loadsofchildren123
    I still haven't received the DQ from the court. Neither in post or via email.

    Should I contact the court to check on it ?

    I read somewhere that court send it within 7 working days of receiving the defence which was 31st july 2017.

    today is 9th working day.

    should i wait or contact the court to check on DQ ?
    • Umkomaas
    • By Umkomaas 13th Aug 18, 11:32 AM
    • 19,731 Posts
    • 31,211 Thanks
    Umkomaas
    Phone the court or print your own off from the website.
    The fact that I have commented on your thread does not mean I have become your personal adviser. A long list of subsequent questions addressed for my personal attention is unlikely to receive a reply.
    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.
    • neeraj89
    • By neeraj89 16th Aug 18, 10:49 AM
    • 64 Posts
    • 36 Thanks
    neeraj89
    I have received the DQ in post from the court today.

    Will fill it tonight and will upload a copy of it tomorrow

    and if everything seems ok then will post it tomorrow itself

    The deadline for me to reply is till 31st August 2018
    • KeithP
    • By KeithP 16th Aug 18, 10:55 AM
    • 9,805 Posts
    • 10,147 Thanks
    KeithP
    When you are ready, send the DQ back to the court using the same email address you used for your Defence.

    Remember to send a copy to the Claimant.
    .
    • Coupon-mad
    • By Coupon-mad 17th Aug 18, 12:29 AM
    • 62,736 Posts
    • 75,665 Thanks
    Coupon-mad
    We do not need, nor do we have time, to see a pic of a completed DQ (you will thank us later when you need our help at WS and evidence stage and we are not all distracted by pointless DQ forms from others behind you in the queue).

    Spare us please, we do this in our own time and that form is already covered.

    How to fill it in, question by question, is fully covered by bargepole in the 'what happens when' section of the NEWBIES thread 2nd post about court claims.
    • neeraj89
    • By neeraj89 17th Aug 18, 5:23 PM
    • 64 Posts
    • 36 Thanks
    neeraj89
    We do not need, nor do we have time, to see a pic of a completed DQ (you will thank us later when you need our help at WS and evidence stage and we are not all distracted by pointless DQ forms from others behind you in the queue).

    Spare us please, we do this in our own time and that form is already covered.

    How to fill it in, question by question, is fully covered by bargepole in the 'what happens when' section of the NEWBIES thread 2nd post about court claims.
    Originally posted by Coupon-mad
    I thank you for your reply and I am greatly thankful to you and others you respond and give their expert advise on topics which I have no clue on. What you and others are doing is very much appreciated.

    I have already read how a DQ is filled in the NEWBIES post#2 and have followed the same to fill my DQ. I just thought it's better to upload it for review rather later regretting it .

    However if you feel it's not worth the time reviewing the DQ then it's fine.

    Thanks
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