County Court Claim for PCN charges that i intend to defend

[mystery1]

Re: County Court Claim for PCN charges that i intend to defend

The trouble with email is that you are really left hanging as you do not know when/if someone read it or indeed who.

For time conscious stuff the phone is best.

M1

[Jack Frost]

Re: County Court Claim for PCN charges that i intend to defend

Should i ask to speak to the person at Gladstones who is dealing with the claim? The boy i spoke to today clearly knew very little. I cannot help feeling that i will get the same answer tomorrow and the next day , or does that not matter as long as i have made the 3 attempts to get them to provide proper particulars of claim ?

Thanks for your help J.F.

[mystery1]

Re: County Court Claim for PCN charges that i intend to defend

Always a good idea. You don't need to do it 3 times but the more evidence of their unreasonable behaviour the better. It makes a judge less likely to be against you and can help when it comes to costs.

M1

[Jack Frost]

Re: County Court Claim for PCN charges that i intend to defend

Spoke to same guy again this morning . He this time said that more details of the particulars of claim would have been present in the letter of intent. I haven't received a letter of intent so he said that he would email me the letter. Have not received it yet . Will ring again tomorrow.

[Jack Frost]

Re: County Court Claim for PCN charges that i intend to defend

Made the last phone call to Gladstones yesterday afternoon . Spoke to someone different , a girl who actually gave her full name . She actually sent out the Letter of Intention by email which i've included. She also said that if i have any issues with the Particulars of Claim that i need to bring them up in court and Gladstones were going to do nothing about them.

Best Regards J.F.

[mystery1]

Re: County Court Claim for PCN charges that i intend to defend

Jackfrostdef.rtf

Behind the scenes you should also prepare for a parking charge case, although until they furnish some details, that may prove tricky.

M1

[Jack Frost]

Re: County Court Claim for PCN charges that i intend to defend

Hi there . Just had an email from Gladstones , seems identical procedure to the Gladstones , PCM Parking thread a few threads below mine in the forum .

Contents as follows :


We act for the Claimant and have notified the Court of our Client’s intention to proceed with the claim.

Please find attached a copy of our Client’s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing

This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate.

You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward.



Also Special Direction request :

REQUEST FOR SPECIAL DIRECTION

We kindly request that the Court send the N159 form (attached) to the Defendant for their consideration and, upon the Defendant consenting to the case being heard on the papers alone, the Judge makes the following direction;
“The matter will be considered on paperwork without a hearing. The parties attendance is not required and the Judge will determine the matter based upon the documents and evidence supplied and any written representations received.”


The standard N180 forms were also sent with 1 witness etc. etc.


I'm presuming i should just email Gladstones back with the same message as in the other thread and wait for the courts to send my forms out.

Best Regards JF

[mystery1]

Re: County Court Claim for PCN charges that i intend to defend

Yes. It can't be suitable for a paperwork only hearing with such deficient particulars of case.

M1

[Jack Frost]

Re: County Court Claim for PCN charges that i intend to defend

Hi there , recently received a notice from the courts ordering Gladstones to provide proper P.O.C by Jan 26th or have case struck out . They sent the P.O.C. today which is the usual formed a contract by parking in car park nonsense :
THE CONTRACT
KBT Cornwall Limited
-and- xxxxxxxx
__________________________
PARTICULARS OF CLAIM __________________________
(Claimant)
(Defendant)

1. The Claimant is a Parking Operator managing the land at Stennack P & D, St Ives, Cornwall, TR26 1RU (“the Land”).
   
2. The Claimant installed signs (i.e. the “Contract”) on the Land that set out its terms of parking. A copy of the Contract is attached to these Particulars of Claim marked ‘Document 1’.
   
3. The Claimant entered into a Contract with the driver of the vehicle with Registration Number xxxxxx(“the Vehicle”). A schedule is set out below;

CLAIM NO: xxxxxxx

1. Through the act of parking as described above, pursuant to the Contract, the driver accepted the Claimant’s terms and was issued with a Parking Charge Notice for the sum set out in the Contract (‘the Relevant Charge’).
   
2. The driver failed to pay the Relevant Charge within 28 days (‘the Relevant Period’) or indeed at all. The Relevant Charge now forms the substantive element of this claim.
   
3. In addition to the Relevant Charge the Claimant claims £50.00 in general damages as a pre- determined and nominal contribution to its actual losses suffered as a result of the Relevant Charge not being paid within the Relevant Period.

1
REGISTERED KEEPER
7. The Defendant is the Registered Keeper of the Vehicle.
8. Pursuant to Schedule 4 of the Protection of Freedoms Act 2012, the Claimant has the right to recover any unpaid parking charges from the keeper of the Vehicle and the ‘keeper’ of the Vehicle is presumed to be the Registered Keeper, unless the contrary is proven.
CLAIM FOR INTEREST
9. The Claimant claims interest under S.69 of the County Courts Act 1984 at a rate of 8% from the date of 28 days after the charge until the date of issue of this claim (20 October 2016) and continuing at a rate of £0.03 per day until judgment or earlier payment or alternatively at such rate that the Court thinks fit.
CLAIM FOR COSTS
10. The Claimant claims costs on contractual (indemnity) basis, pursuant to CPR 44.5, as the contract contains an expressed indemnity clause permitting them to do so.
AND THE CLAIMANT CLAIMS:

1. (1) The Relevant Charge as a debt;
   
2. (2) Damages for the Defendant’s breach of contract in the sum of £50.00, as set out above;
   
3. (3) Statutory interest, as set out above; and
   
4. (4) Costs on a contractual (indemnity) basis pursuant to CPR 44.5, together with the fixed fees and
   costs of issuing.
   STATEMENT OF TRUTH

The Claimant believes that the facts stated in these Particulars of Claim are true. I am duly authorised by the Claimant to sign this statement.
Full name: Helen Cook Position or office held: Solicitor Signed:
Gladstones Solicitors, on behalf of the Claimant

Third Page was the car park sign which i think is already posted on the thread.




What do i do now ? Will i get more time to provide a defence , or do i need to get it sent in as soon as possible?


Best regards Jack Frost

[mystery1]

Re: County Court Claim for PCN charges that i intend to defend

The order should say ?

Normally get 14 days. I'll get it done asap.

M1

[mystery1]

Re: County Court Claim for PCN charges that i intend to defend

Here is what i'd advise so far which you can edit to suit.

Jackfrost2def.rtf

Can i just double check who the claimant is ? You blanked it on the claim form and i want to check who it is and compare that to the signs ?

M1

[Jack Frost]

Re: County Court Claim for PCN charges that i intend to defend

Thankyou very much for your help . The claimant is K.B.T. Cornwall Ltd.

[Jack Frost]

Re: County Court Claim for PCN charges that i intend to defend

Do i just wait now ? I seem to have misplaced the letter sent from the courts which demanded that KBT/Gladstones produce a proper P.O.C. by the 26th January. Gladstones (for once ) were prompt in emailing the package to me on the 18th January , but i'm assuming the court doesn't begin to act on that reply until after the 26th ? I keep checking the online service but the last entry for that was the case being transferred to Truro on the 14th December. Just a bit paranoid about missing the window for sending in my proper defence and listing the evidence i will be bringing to court.

Best Regards J.F.

[mystery1]

Re: County Court Claim for PCN charges that i intend to defend

Pity. I think that's ok. Make sure it tallies with any contract if you ever receieve it though.

M1

[Jack Frost]

Re: County Court Claim for PCN charges that i intend to defend

Hi again ,
I have just received letter from courts re Notice of Allocation to the small claims track (Hearing). Date is set for the 21st April . Letter states the standard "Each party shall deliver to every other party and to court all documents on which he intends to rely on no later than 14 days before hearing. Do i need to do anything extra notification wise to put forward my new defence (bearing in mind the original defence only dealt with the lack of Particulars in Claim) . Or is it ok just to write up the new defence and send that along with supporting documents . Supporting documents i'm intending to use are a photo of the original parking ticket that i purchased and photos provided by KBT that show the serial number of the sticker part of the ticket in the windscreen , also a screenshot taken from KBT's site showing the photos displayed on their site .

Would this be ok ? also regarding timing is it ok to do this as soon as possible or is it best to wait till just before the 14 days is up?

Also i noticed that in another case the defendant had brought up the point that their was a conflict in interests for Gladstones acting as the solicitor bearing in mind the solicitors firm and the IAS have the same Director and are working out of similar premises. is there any mileage in this ?

Best Regards Jack