Claim Form - PCM - Gladstones

[royjackson]

Hi Guys,

I am a newbie so thought i will post here to get some guidance or be redirected to the best place to get some advice.

I have received a claims form, claimant is Parking Control Managment (uk) Limited, court is Northampton and there solicitors are Galdstones. I have acknowledged service today via moneyclaim website and stated i intend to "defend all of this claim". I am not sure whether i have sufficient grounds to defend however as i understand it, this is not binding and therefore best to do in the first instance.

I have no previous documentation i.e PCN''s or letters from debt recovery, regarding this alleged breach of terms of parking at a BP petrol station.

In addition to understanding what defence i may have and whether PCM and their representatives have followed correct procedure i also need to understand whether i need to send a CCA request letter and/or a subject access request letter to understand what the case is against me.

Any help would be really appreciated.

[ostell]

Please don't start multiple threads about the same matter !!


There is no CCA, this is not a credit debt.

Send a CPR 31.14 request to Gallstones asking for all the documents that a re mentioned in their particulars of claim, the PCN, copies of the signs that created the contract, as PCM were not the landholders then proof of their authority.

Send SAR to PCM

[royjackson]

Thanks Ostell, apologies regarding multiple threads.

I will send the requests as you have advised above. The issue date on the claim form I have received is 3rd March 2021 so counting 28 days and allowing 5 days for service, am i correct in stating I have till the 4th April to submit a defence? I hope I do receive all documents in time and will post here once received.

In the meantime i will try and post pictures of the claim form with my particulars obscured and photos of the location in question shortly.

Thanks once again, much appreciated.

[ostell]

The lesser of 28 days from acknowledgment or 33 days from issue date

[royjackson]

I have taken some images of the petrol station and the area where I recall being parked for a very short while. There is a sign on the wall which to me was not evident at the time I parked there. I believe I was parked very close to where you see the silver Vauxhall on the image. The one sign is on the pillar and in my view unless you are looking for it, not immediately apparent. I would expect there to be signage on the large brick wall directly in front which would make it rather more apparent. The current sign almost blends into the colour of pillar so difficult to spot. Is this in the experienced views of the forum members sufficient signage? And if not how would I go about challenging this.

I have sent a CPR 31.14 request to Gladstone solicitors who are representing PCM and hopefully get a response to this soon.

I also attach image of particulars of claim as per claim form I have received.

Any other help on this would be greatly appreciated.

[royjackson]

Better images I hope. Sorry.

[ostell]

If you were a customer I can't see anything wrong with parking there, there is no time limit.

If you haven't received any previous documents what is the address and date on the V5.? Have you changed cars recently?

[royjackson]

Thanks Ostell.

I did in fact receive the previous letters which I discarded. The car is registered to my parents address and I still own the same car.

PCM had sent letters to my parents address as well as my own. I ignored letters on the basis that I was perhaps wrongly advised that there was little these private companies could do.

I genuinely can’t recall why I was parked there and whether I was a customer. This station is very local to me so I either parked here as a customer or to visit one of the local shops but most certainly would have been for a short time.

[royjackson]

Hi guys,

I had sent a CPR 31.14 request to Gladstone’s solicitors and no response as of today.

I had sent a SAR to PCM who sent a letter back recorded delivery with images and PCN etc as attached.

They claim I parked and went straight into tool station next door as per a sheet entitled “note for case”, I have no recollection of this and I guess crucially
no evidence of using the BP petrol station. Any grounds for defence or do I just pay this? If I did want to pay it now what is the process?

I previously acknowledged the claim and believe I have till 4/5th April to file a defence.

[royjackson]

Maybe slighter image sorry

[royjackson]

Hi,

Can anyone point me to some advice as to how I go about paying a claim after I have acknowledged service and initially expected to defend claim in full.

I think I am ready to accept defeat :-(

[ostell]

So we don't know exactly what happened and even you can't remember.

Do they have photos of anyone lea ing thecpremises?

[royjackson]

The several photos they sent me only shows the car parked. Nothing of anyone leaving premises.

[royjackson]

Q. Can I ask for PCM to prove I did leave the premesis, I.e images or video evidence? Is the burden of proof on them or me to show I did or didn’t leave the premises esis

[ostell]

They are bringing the claim, the burden of proof is on them