Parking Control Management UK Gladstones Court Claim

[Fruitbat]

Hi All,

I am in need of the help of the experts on here please. My car was parked in Gallions Reach (Docklands) in 2015. There was a valid visitor's permit but the car was parked outside of a bay. There was a NTK each time (attached one copy because both are basically the same) and then some letters but reading around the advice seemed to be to ignore these - so I did. The other thing was that the letters were addressed to me at my address but contained errors in my name.

I received an LBC from Gladstones acting on behalf of Parking Control Management UK Ltd that I felt was inadequate and after reading through the forums replied with the attached letter.

I received court claim papers (attached) last week relating to two parking charges in 2015. I have been reading through these forums but every case seems to be slightly different so I'm not sure if I should be contesting this or giving a without prejudice offer etc.

Would be grateful for help.

Many thanks
F

[mystery1]

Re: Parking Control Management UK Gladstones Court Claim

Did you ever ask for or receive any further information ? Have you any pictures of the signs ?

Have you filed acknowledgement of service ?

M1

[Fruitbat]

Re: Parking Control Management UK Gladstones Court Claim

Hi M1,

Many thanks for responding.

The letter to Gladstones attached to my previous post was intended to request additional information following their LBC i.e. they gave me paring charge notice numbers but no time of each event, they didn't mention an alternative appeals process etc. All of these seem to be requirements of the Practice Direction so I just referred to that but in retrospect perhaps I should have spelled these out specifically. In any case Gladstones didn't reply and I simply received a Court Claim form a few days later.

I have attached a photo of one of the PCM signs taken by one of their operatives.

Many thanks
F

- - - Updated - - -

I also had not filed AOS yet because I was waiting to see the thoughts on here on whether I should go ahead with this or give a without prejudice offer etc.

BW
F

[mystery1]

Re: Parking Control Management UK Gladstones Court Claim

So you had a permit and were parked outside the marked bays ?

M1

[Fruitbat]

Re: Parking Control Management UK Gladstones Court Claim

In a word yes. The marked bays were all full...

F

[mystery1]

Re: Parking Control Management UK Gladstones Court Claim

Send a request for further information to Gladstones.



Dear BW Legal,


I, as defendant, am in receipt of your court claim number xxxxxxxx in which the claimant is PCM UK.


I would like to bring to your attention CPR 16.4 which centres around the contents of the claim form and practice direction 16 particularly 7.5 This case should be repleaded as it is neither concise nor has any information which must be specified.

There is no mention of the capacity of myself driver/keeper/registered keeper. There is no mention of how any offer was communicated or the terms (including the term breached). The claim lacks a cause of action.


CPR 16




Contents of the claim form
16.2
(1) The claim form must –
(a) contain a concise statement of the nature of the claim




Contents of the particulars of claim
16.4
(1) Particulars of claim must include –
(a) a concise statement of the facts on which the claimant relies;




Practice direction 16




Other matters to be included in particulars of claim




7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.




In order to ascertain your response and see if i need to take further action i would ask for an extension to the time for filing a defence pursuant to CPR 15.5 and seek the full 28 days extra and look forward to your cooperation on this. Failure to sort out you case or the issues identified will lead me to consider a summary judgement application particularly if time starts to get short.

I would like the following information to help reduce the issues in dispute,

1. Are you claiming i was the driver or registered keeper ?
2. Is the claim a contractual penalty or trespass ?
3. Where was this ?
4. How was any offer communicated ?


Please reply before 25/01/17


Yours etc


M1

[Fruitbat]

Re: Parking Control Management UK Gladstones Court Claim

Hi M1,

Many thanks for all of your help.

Should I be filing an AOS now then?

Also should I send a copy of this letter from the court as well as Gladstones?

Many thanks
F

[mystery1]

Re: Parking Control Management UK Gladstones Court Claim

Should I be filing an AOS now then?

Nothing to be gained by waiting.

Also should I send a copy of this letter from the court as well as Gladstones?

Not at the moment but the court might need to see it at a later date to show the claimant as unreasonable and/or not complying with the CPR over riding objective.

M1

[Fruitbat]

Re: Parking Control Management UK Gladstones Court Claim

Many thanks for all of this - just filed AOS and will wait for Gladstones' reply.

BW
F

[mystery1]

Re: Parking Control Management UK Gladstones Court Claim

Or non reply. Deadlines don't stop if they fanny about.

M1

[Fruitbat]

Re: Parking Control Management UK Gladstones Court Claim

Hi M1,

It's a week and no reply from Gladstones, perhaps unsurprisingly?

However, on doing some additional Googling the Practice Direction says that if made by letter a request for further information has to specifically state that it is being made under part 18 of the CPR and be headed with the name of the court etc. I did not realise this and actually just sent a normal letter in the post with the text that you outlined. Will this be a problem?

What would be the next steps here?

Many thanks
F

[mystery1]

Re: Parking Control Management UK Gladstones Court Claim

Hi M1,

It's a week and no reply from Gladstones, perhaps unsurprisingly?

However, on doing some additional Googling the Practice Direction says that if made by letter a request for further information has to specifically state that it is being made under part 18 of the CPR and be headed with the name of the court etc. I did not realise this and actually just sent a normal letter in the post with the text that you outlined. Will this be a problem?

What would be the next steps here?

Many thanks
F

Part 18 doesn't apply to small claims track and although tecnically this isn't a small claim yet it's nothing to worry about.

What i would do is phone them up and ask if they got your email, and if so are they going to reply with the information. Get an email address and send an email with a brief overview of the call as it'll be handy evidence later.

M1

[Fruitbat]

Re: Parking Control Management UK Gladstones Court Claim

Wow thanks.

Honestly your help is hugely appreciated.

Many thanks - will call them tomorrow.

F

[Fruitbat]

Re: Parking Control Management UK Gladstones Court Claim

Hi M1,

I phoned Gladstones yesterday - they received my my letter but the person I spoke to wasn't sure whether they would respond and couldn't give me any more information. She's going to email the 'response team'. I emailed in order to document the conversation as per your advice.

Assuming they don't reply I suppose this is the point at which I should start drafting a defence? I believe I have 28 days after the initial claim on 11/1/17, which means 8/2/17.

Many thanks
F

[mystery1]

Re: Parking Control Management UK Gladstones Court Claim

Hi M1,

I phoned Gladstones yesterday - they received my my letter but the person I spoke to wasn't sure whether they would respond and couldn't give me any more information. She's going to email the 'response team'. I emailed in order to document the conversation as per your advice.

Assuming they don't reply I suppose this is the point at which I should start drafting a defence? I believe I have 28 days after the initial claim on 11/1/17, which means 8/2/17.

Many thanks
F

Plus 5 days for service of the claim form.

M1