Court Claim PCM

[charitynjw]

Re: Court Claim PCM

I would write to Gladstones.
Put Ref: (PCM) v (Dellniv) Court claim No. XXXXXXXX on the letter.
Keep a copy & get proof of posting (Free certificate from the post office, or via SignedFor if you want to track it).

Also get screenprints of all the info on the parking co's website & email it to yourself.
(Just in case things get 'modified' when they realise you're putting up a fight).

[Dellniv]

Re: Court Claim PCM

Hi,

Firstly thank you for the advice so far.

I have done all of the above, I am left with one more question in the meantime, the court is not very local to myself ? How will I have this moved if I needed to?

From experience what should I expect to unfold?

Thanks,

[charitynjw]

Re: Court Claim PCM

Normally, if the claimant is a company & the defendant is an individual, the case is allocated to the defendant's local court.

Once the claim is defended, the defence will be sent to the claimant.
They might be instructed by the court to reply to the defence, but there is no automatic requirement to do so.
It might go straight to the Directions Questionnaire stage.

[Dellniv]

Re: Court Claim PCM

Would the fact that I have pictures of the operators traffic wardens parked on double yellow lines (with there family, girlfriend/kids in the car) which almost caused an accident as it is just before a blind corner help my case at all?

[charitynjw]

Re: Court Claim PCM

If it were me I'd include them at a later stage as part of my Witness Statement.
Just to give the judge a taste of the lengths to which the parking company & their operatives are prepared to go in their avarice.

[Dellniv]

Re: Court Claim PCM

If it were me I'd include them at a later stage as part of my Witness Statement.
Just to give the judge a taste of the lengths to which the parking company & their operatives are prepared to go in their avarice.

Hi mate,

My 28 days are almost up, I have not received anything from gladstones in regards to the letter I had sent them but DVLA have wrote to me.

what is my next step to take? It gives me 122 lines to write up my defence?

Any advice will be appreciated.

Thanks,

Dellniv

[charitynjw]

Re: Court Claim PCM

You have 33 days from the claim issue date to file your defence. (28 + 5 allowed for post).

Why am I not surprised that Gladstones have ignored all communication, lol.

What have DVLA sent in response?

[Dellniv]

Re: Court Claim PCM

You have 33 days from the claim issue date to file your defence. (28 + 5 allowed for post).

Why am I not surprised that Gladstones have ignored all communication, lol.

What have DVLA sent in response?

Oh right, I registered online and acknowledged it online, does that not mean I will have to respond with my defence online too?

DVLA shows that they had contacted them on every occasion.

[charitynjw]

Re: Court Claim PCM

You can file your defence via MCOL, or by email or post to Northampton CCBC.

[Dellniv]

Re: Court Claim PCM

Oh right, Okay, any advice on what I should be including in my defence ?

[charitynjw]

Re: Court Claim PCM

Defend as 'the registered keeper'.
So, the registered keeper received X, the driver did Y, etc.
Does your tenancy agreement covers parking arrangements?
Have you checked it for any mention of variations to the agreement? (Sometimes a term can be inserted that the lessor can add new clauses with suitable prior warning to the lessee).

[Dellniv]

Re: Court Claim PCM

Defend as 'the registered keeper'.
So, the registered keeper received X, the driver did Y, etc.
Does your tenancy agreement covers parking arrangements?
Have you checked it for any mention of variations to the agreement? (Sometimes a term can be inserted that the lessor can add new clauses with suitable prior warning to the lessee).

It covers parking arrangements however, it says nothing in regards to any contractor on site or lessor adding new clauses. The agency claim to have sent letters through giving the residents and option to vote on the contractor to be instated on the site. However, when I asked for the voting results I was ignored as I speak to the majority of the residents who were against this.

I can get a hold of majority of the residents in the sites signatures to who oppose the parking arrangements as I know that a petition had gone round and I am in contact with the person who started it.

[charitynjw]

Re: Court Claim PCM

Your tenancy agreement has primacy. (Privacy of contract).
No-one can impose new terms/conditions unless you have given express consent.
Not even the lessor.

[Dellniv]

Re: Court Claim PCM

Your tenancy agreement has primacy. (Privacy of contract).
No-one can impose new terms/conditions unless you have given express consent.
Not even the lessor.

That sounds like a good basis to defend my case, is there law on this I can highlight ? Or won't I need to?

[charitynjw]

Re: Court Claim PCM

Privacy of contract.