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  • FIRST POST
    • Dhudds
    • By Dhudds 26th Jun 18, 9:18 PM
    • 32Posts
    • 2Thanks
    Dhudds
    PCM Parking fine - Heath Parade NW9
    • #1
    • 26th Jun 18, 9:18 PM
    PCM Parking fine - Heath Parade NW9 26th Jun 18 at 9:18 PM
    Thanks to all nice people on this forum. I was caught by Mrs sunglasses for briefly stopping my car in Heath Parade in August 2017. She saw me getting off my car and started taking photos. I then received PCM UK parking charge notice of £60 to pay in 28 days.I wrote to PCM UK and demanded some documents and information from their site in order to challenge the validity of their PCN however as expected they ignored my request. Then another PCM letter asking for £100 with 14 days to pay. Then Gladstone solicitors sent a letter asking for £160 with 14 days to pay. I wrote to Gladstones and explained my reasons why their ticket is not valid but as expected they are waste of time.
    The last letter I had from Gladstone asked for £160 to be paid within 14 days otherwise they took me to court so I started panicking and spent sometime in preparing my defence report however I didn't hear from them for past 5 months until recently I received a letter before claim (LBC). I read the government website and they advised people to respond to this letter. I've now extracting some sentences from my defence report so i can reply to their LBC.
    I don't get help from anywhere. I'm on my own with my own research and relying on good people on this website. I wonder if someone can send me the notice from Barnet council confirming that the site is under their control as well as a copy of the land registry. Also are you suggesting that I reply to their letter before claim or should I ignore them?
Page 3
    • Dhudds
    • By Dhudds 16th Nov 18, 10:42 AM
    • 32 Posts
    • 2 Thanks
    Dhudds
    Also the claimant is asking the following in the claim form:
    Amount Claimed: £175
    Court fee: £25.00
    Legal representative's cost: £50.00

    The original fine was £60 then it increased to £100 and later to £160 however in the claim form it's increased to £175 which the claimant saying it has added the interest on top of £160.
    So in section 9 of the defence should I say £100 or £165?
    • bargepole
    • By bargepole 16th Nov 18, 1:57 PM
    • 2,512 Posts
    • 7,198 Thanks
    bargepole
    Also the claimant is asking the following in the claim form:
    Amount Claimed: £175
    Court fee: £25.00
    Legal representative's cost: £50.00

    The original fine was £60 then it increased to £100 and later to £160 however in the claim form it's increased to £175 which the claimant saying it has added the interest on top of £160.
    So in section 9 of the defence should I say £100 or £165?
    Originally posted by Dhudds
    9. In addition to the £100 'parking charge', for which liability is denied, the Claimant's legal representatives, Gladstones Solicitors, have artificially inflated the value of the Claim by adding costs of £60 and further interest which, it is submitted, have not actually been incurred by the Claimant, and which are artificially invented figures in an attempt to circumvent the Small Claims costs rules using double recovery.

    I can't see any cause of action for a counterclaim here, so I haven't suggested one.

    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.
    • Dhudds
    • By Dhudds 16th Nov 18, 2:15 PM
    • 32 Posts
    • 2 Thanks
    Dhudds
    Thanks again bargepole,
    The changes to section 9 are noted. I will draft a counterclaim.
    Also for my information, do you think adding the following sentence to section 9 is unneccessary?
    "The Court is invited to report Gladstones Solicitors to the Solicitors' Regulation Authority for this deliberate attempt to mislead the Court, in contravention of their Code of Conduct."
    • bargepole
    • By bargepole 16th Nov 18, 3:42 PM
    • 2,512 Posts
    • 7,198 Thanks
    bargepole
    Thanks again bargepole,
    The changes to section 9 are noted. I will draft a counterclaim.
    Also for my information, do you think adding the following sentence to section 9 is unneccessary?
    "The Court is invited to report Gladstones Solicitors to the Solicitors' Regulation Authority for this deliberate attempt to mislead the Court, in contravention of their Code of Conduct."
    Originally posted by Dhudds
    The court will do no such thing. It is up to you if you want to report Gladstones to the SRA.

    If you wish to counterclaim, your document needs to be headed 'Defence and Counterclaim', and have a sub-heading after the defence part, saying 'Defendant's Counterclaim Against The Claimant'.

    Then you particularise your counterclaim, stating how the Claimant has caused you loss and damage, and quantifying your losses.

    But, as previously stated, I can't see any legal basis here for a counterclaim, and in my view it will just be a waste of time, effort, and court fees.

    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.
    • Dhudds
    • By Dhudds 17th Nov 18, 12:16 PM
    • 32 Posts
    • 2 Thanks
    Dhudds
    The court will do no such thing. It is up to you if you want to report Gladstones to the SRA.

    If you wish to counterclaim, your document needs to be headed 'Defence and Counterclaim', and have a sub-heading after the defence part, saying 'Defendant's Counterclaim Against The Claimant'.

    Then you particularise your counterclaim, stating how the Claimant has caused you loss and damage, and quantifying your losses.

    But, as previously stated, I can't see any legal basis here for a counterclaim, and in my view it will just be a waste of time, effort, and court fees.
    Originally posted by bargepole

    Many thanks Bargepole,
    I understand your points.
    Do you think we should mention the grace period of 5 to 15 minutes in section 3?
    Also in my draft version of defence do you think we should consider section 24 about the Direction and PCM witness statement?
    • Dhudds
    • By Dhudds 13th Jan 19, 8:17 PM
    • 32 Posts
    • 2 Thanks
    Dhudds
    A couple of updates:

    Mid November: Defence submitted.

    Mid December: Letter received from Gladstones confirming their client's intention to proceed with the claim and enclosed a copy of their client's completed direction questionnaire (form N180). In addition their client (PCM) thinks that the case is straightforward!!

    Early January: Received DQ from court and now I'm feeling the form according to guidance on NEWBIES2.

    Anyone knows where I can find the special directions covering letter ("not straightforward") which I need to send with N180?
    • KeithP
    • By KeithP 13th Jan 19, 8:23 PM
    • 12,105 Posts
    • 12,841 Thanks
    KeithP
    Are you following Bargepole's 'what happens when' post linked from post #2 of the NEWBIES?

    It tells you exactly how you challenge their 'straightforward' assertion without a covering letter.
    .
    • Dhudds
    • By Dhudds 13th Jan 19, 8:48 PM
    • 32 Posts
    • 2 Thanks
    Dhudds
    Yes, I followed No4 and included the following text in D1:
    “The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the defendant’s home court, pursuant to CPR 26.2A(3)”"

    I've seen in some other threads that a covering letter was also sent for 'straightforward'. Is the above in D1 sufficient without a covering letter?

    Thanks.
    • KeithP
    • By KeithP 13th Jan 19, 8:58 PM
    • 12,105 Posts
    • 12,841 Thanks
    KeithP
    Yes, I followed No4 and included the following text in D1:
    “The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the defendant’s home court, pursuant to CPR 26.2A(3)”"

    I've seen in some other threads that a covering letter was also sent for 'straightforward'. Is the above in D1 sufficient without a covering letter?

    Thanks.
    Originally posted by Dhudds
    Unless you are talking about something different, I believe that D1 text is enough.
    .
    • Coupon-mad
    • By Coupon-mad 14th Jan 19, 1:45 AM
    • 65,747 Posts
    • 78,256 Thanks
    Coupon-mad
    Google Gladstones parking relatively straightforward and you will find it umpteen times over, including how to reply!
    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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