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  • FIRST POST
    • Withnail&I
    • By Withnail&I 3rd May 18, 11:58 AM
    • 6Posts
    • 2Thanks
    Withnail&I
    Help Please! Frustration of Contract
    • #1
    • 3rd May 18, 11:58 AM
    Help Please! Frustration of Contract 3rd May 18 at 11:58 AM
    UPDATED - DRAFT DEFENCE REPLY ATTACHED...

    Cannot seem to find any templates to send to Court for a defence on Forum Sties.

    The defendant received a claim form from Gladstones on behalf of PCM dated 9 April 2018 which the defendant has acknowledged it on 11 April online via Money Claim.

    The defendant parked in a BP station for 10mins to talk to the police !!!8211; there was a robbery in one of the shops next to BP. The defendant pulled in to tell the police they had seen some dodgy men in a car etc. did not take a statement as were not the men they were looking for. The defendant said it was chaos and roads closed off etc

    No photos were sent to the defendant (might show the police in the background?) !!!8211; just one letter previously (which the defendant ignored and binned). Particulars of claim just says !!!8220;the vehicle incurred the parking charge(s) on [date] for breaching the terms of parking on the land at [place].

    Is there a template I can quickly use to send to the court online (MCOL)

    Thank you!!
    Last edited by Withnail&I; 10-05-2018 at 1:27 PM. Reason: removing names
Page 1
    • waamo
    • By waamo 3rd May 18, 12:11 PM
    • 3,661 Posts
    • 4,818 Thanks
    waamo
    • #2
    • 3rd May 18, 12:11 PM
    • #2
    • 3rd May 18, 12:11 PM
    At the top of this board is a thread that tells Newbies to read it first. In that thread is a whole section on court with links to defences.
    This space for hire.
    • pogofish
    • By pogofish 3rd May 18, 1:04 PM
    • 8,719 Posts
    • 9,069 Thanks
    pogofish
    • #3
    • 3rd May 18, 1:04 PM
    • #3
    • 3rd May 18, 1:04 PM
    Cannot seem to find any templates to send to Court for a defence on Forum Sties.
    Originally posted by Withnail&I
    The very first thread on this board that you were directed to and advised to read during signup has all the info you seek...?
    • The Deep
    • By The Deep 3rd May 18, 6:09 PM
    • 9,704 Posts
    • 9,537 Thanks
    The Deep
    • #4
    • 3rd May 18, 6:09 PM
    • #4
    • 3rd May 18, 6:09 PM
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
    • Coupon-mad
    • By Coupon-mad 3rd May 18, 10:59 PM
    • 59,465 Posts
    • 72,641 Thanks
    Coupon-mad
    • #5
    • 3rd May 18, 10:59 PM
    • #5
    • 3rd May 18, 10:59 PM
    Is there a template I can quickly use to send to the court online (MCOL) as husband only told me yesterday (he has been working all hours) and time is running out to reply!
    No. See the NEWBIES thread 2 clicks back.

    We win 99% of claims here but you MUST spend time reading the threads and not expecting a template to bung in, rushing it and ruining his chances of joining our long list of winning Defendants.
    Last edited by Coupon-mad; 03-05-2018 at 11:28 PM.
    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.

    • KeithP
    • By KeithP 3rd May 18, 11:13 PM
    • 8,059 Posts
    • 7,919 Thanks
    KeithP
    • #6
    • 3rd May 18, 11:13 PM
    • #6
    • 3rd May 18, 11:13 PM
    My husband received a claim form from Gladstones on behalf of PCM dated 9 April 2018 he has acknowledged it on 11 April online via Money Claim.

    [...]

    and time is running out to reply!
    If the Issued Date on the Claim Form is 9th April, and the Acknowledgement of Service was done on 11th April, then the Defendant, your husband, has until 4pm on Monday 14th May to file his Defence.

    Do not try and file the Defence via MCOL.
    The reason why, and the best way to do it, is all explained in post #2 of the NEWBIES FAQ sticky thread.
    .
    • Withnail&I
    • By Withnail&I 10th May 18, 12:30 PM
    • 6 Posts
    • 2 Thanks
    Withnail&I
    • #7
    • 10th May 18, 12:30 PM
    • #7
    • 10th May 18, 12:30 PM
    Hi

    Thank you for your replies.

    I have made a start on the defence (which I will be filing today). Do I mention frustration of contract? Or mention anything about the robbery and police?

    I am XXXXX, defendant in this matter and deny liability for the entirety of the claim for the following
    reasons:

    1. Particulars of Claim. This contains insufficient detail and fails to establish a cause of action or whether this is directed at the driver or Keeper of the Vehicle, both of whom are named. The claim cannot be made at both. The claim states “parking charges/damages”, which is contradictory in that they are two different things. If it is asserted that by parking on the premises the driver was accepting a charge, why is the claimant also referring to it as damages? This would suggest some pre-estimate of loss, which has not be demonstrated. What are the damages, how has that been calculated and what proportion of the charge does it account for? It is not possible to defend claims if there is no clarity of what exactly the claim is. The Particulars of Claim are incompetent and appear to simply cover all bases rather than offer a specific claim.

    2. The Particulars of Claim provide no details and fails to establish a cause of action which would enable the defendant to prepare a specific defence, it simply states “parking charges/damages” which does not give any indication of on what basis the claim is brought. 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.

    3. The Claimant simply has not complied with the pre-court protocol in this case, failing to fulfil CPR16.4. The Defendant would argue this is unreasonable behaviour and they are withholding information to allow this unproved claim to progress. I would ask the court to strike the claim on these grounds.

    4. The Defendant believes they are simply robo-filing and similar cases dismissed at another court.

    5. On the 20th September 2016 a poorly pleaded private parking charge claim by Gladstones was struck out by District Judge Cross of St Albans County Court without a hearing due to their ‘roboclaim’ particulars being incoherent, failing to comply with CPR. 16.4 and ‘providing no facts that could give rise to any apparent claim in law.’

    6. On the 20th September 2016 another relevant poorly pleaded private parking charge claim by
    Gladstones was struck out by District Judge Cross of St Albans County Court without a hearing
    due to their ‘roboclaim’ particulars being incoherent, failing to comply with CPR. 16.4 and
    ‘providing no facts that could give rise to any apparent claim in law".

    7. On the 19th August 2016 DJ Anson sitting at Preston County Court ruled that the very similar
    parking charge particulars of claim were deficient and failing to meet CPR 16.4 and PD 16
    paragraphs 7.3 - 7.5. He ordered the Claimant in that case to file new particulars which they failed
    to do, and the court confirmed the claim will now be struck out.

    8. The Particulars of the Claim refer to the Driver and the Keeper of the Vehicle but the identity of the driver of the vehicle on the date in question has not been
    ascertained. The Claimant did not identify the driver and must rely upon the strict provisions of the Protection of Freedoms Act 2012 in order to hold the defendant responsible for the driver’s alleged breach, which it has failed to do. This again would point to robo-filing approach from the claimant, with little evidence or clarity offered.

    9. Parking Control Management are not the lawful occupier of the land. I have the reasonable belief that they do not have the authority to issue charges on this land in their own name and that they have no rights to bring this case.
    a) The Claimant is not the landowner and is merely an agent acting on behalf of the landowner and has failed to demonstrate their legal standing to form a contract.
    b) The claimant is not the landowner and suffers no loss whatsoever as a result of a vehicle parking at the location in question
    c) The Claimant is put to proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third party agent, the Claimant may not pursue any charge. I have the reasonable belief that they do not have the authority to issue charges on this land in their own name and that they have no right to bring action regarding this claim.

    The defendant invites the court to strike out the claim as disclosing no cause of action. In the alternative, the defendant requests the court to order the claimant to provide further and better particulars of claim and permit the defendant to amend his defence as appropriate.

    I believe the facts contained in this Defence Statement are true.
    • Quentin
    • By Quentin 10th May 18, 1:20 PM
    • 36,315 Posts
    • 20,556 Thanks
    Quentin
    • #8
    • 10th May 18, 1:20 PM
    • #8
    • 10th May 18, 1:20 PM
    You want to use POFA

    You need to edit your OP to remove details of who was driving

    The ppcs monitor this forum and can use your posts against you

    (Are you sure the 28 days from service for sending a defence haven't elapsed? An AOS extends the total time from 14 to 28 days)
    • Withnail&I
    • By Withnail&I 10th May 18, 1:43 PM
    • 6 Posts
    • 2 Thanks
    Withnail&I
    • #9
    • 10th May 18, 1:43 PM
    • #9
    • 10th May 18, 1:43 PM
    I thought I had until 14 May to respond (someone mentioned this above)?

    I have removed the names.

    Thanks
    • KeithP
    • By KeithP 10th May 18, 2:10 PM
    • 8,059 Posts
    • 7,919 Thanks
    KeithP
    You told us that the date of issue of the Claim Form was 9th April 2018.

    If that's right, and the Particulars of Claim were on the Claim Form, then it is deemed served on 14th April 2018.

    Having done the AoS, you have 28 days from 14 April to file a Defence.

    28 days from 14 April brings us to 12 May.

    As 12 May is a Saturday, you have until 4pm on the next working day to file a Defence.

    The next working day is Monday, so as I said in my earlier post, you have until 4pm on Monday 14th May to file your Defence.
    Last edited by KeithP; 10-05-2018 at 2:13 PM.
    .
    • Withnail&I
    • By Withnail&I 10th May 18, 2:17 PM
    • 6 Posts
    • 2 Thanks
    Withnail&I
    Yes, the date of issue was 9th April and acknowledge on 11th April.

    thanks Keith.
    • Coupon-mad
    • By Coupon-mad 11th May 18, 12:56 AM
    • 59,465 Posts
    • 72,641 Thanks
    Coupon-mad
    And of course you've done the sums yourself and realised you are already late counting from 11th.

    Good luck with that then, why have you not defended it NOW instead of posting short messages here like there's still time to faff around? Or have you done it?

    (which I will be filing today).
    Do it tomorrow first thing, if not or you will get a default CCJ before you can blink.
    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.

    • Withnail&I
    • By Withnail&I 11th May 18, 12:28 PM
    • 6 Posts
    • 2 Thanks
    Withnail&I
    I know - sorry - I had a brain haemorrhage (SAH) a year ago - so forgetful and a bit dumber (if that's possible) now than I was before.

    Posted by Registered Post today and also emailed a signed PDF copy.

    Will update once we hear back.
    • Coupon-mad
    • By Coupon-mad 11th May 18, 2:16 PM
    • 59,465 Posts
    • 72,641 Thanks
    Coupon-mad
    No need to apologise for the effects of a traumatic brain injury, hope you are well and truly on the mend. There is no such thing as registered post though, that was back in the seventies I think!
    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.

    • Withnail&I
    • By Withnail&I 11th May 18, 2:27 PM
    • 6 Posts
    • 2 Thanks
    Withnail&I
    oopps Special Delivery!
    • Coupon-mad
    • By Coupon-mad 11th May 18, 2:29 PM
    • 59,465 Posts
    • 72,641 Thanks
    Coupon-mad
    Ouch, a fiver on a Friday when it can't actually be signed for till Monday (waste of money - email is enough - but never mind, at least you did it).
    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.

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