Hi,
Any help anyone can offer on this will be very gratefully received!
The registered keeper (RK) was sent 2 Claim Forms (issues on 14th August 2017) for 2 different Parking charges issued by PCM on 31st January and 15th February this year.
Additional communications have since been received from TRACE Debt Recovery and consequently from Gladstones who issued a Letter Before Claim for both claims.
The RK responded to the Letter Before Claim (one letter was sent to cover both claims), requesting for the associated documents to be forwarded, along with an explanation of the £160 fees, and a confirmation of "whether the intended action is founded on a contractual charge, a breach of a contract or trespass", as well as confirmation that the "client's contract with the land-holder includes specific authority to take legal action and that this will be produced for the court". This letter was admittedly sent on the deadline for response and there has been no reply to-date.
Both Claims have been acknowledged through the MCOL site, so believe the defence must be submitted by 16th September.
The first claim for a PCN on 31st January is being claimed at £240.72.
The second claim for a PCN on 15th February is being claimed at £240.19. (incidentally, all correspondence for this claim is addressed to R Martin, which is not the correct name of the RK i.e it is the surname initial and first name).
The vehicle in question was parked at the exact same locations for both occasions. This is a seemingly public area outside a gym and some fast food shops, where there are often lots of cars parked. There are a handful of allocated spaces, which are poorly marked by a slightly different colour paving blocks. The car was parked on the road near these spaces, where there are no paint marks/yellow lines and it was not obstructing any access etc. There are no evident signs in the vicinity to state "you are now entering a private estate" etc so there is no indication that parking restrictions will be different to those in the Highway Code.
For reference, the RK previously went through another attempted charge from PCM at this location, where it didn't get to this stage. On that occasion the vehicle had been parked on the open paved area, but not within an allocated space. The RK appealed this on the grounds that the signs are not easily visible and that the parking spaces are not clearly marked. They never formally cancelled this charge, but it didn't progress after the ongoing communications between the RK and their debt collection firm (this was approximately 2 years ago).
Please see attached attached a copy of one of the Letters Before Claim (didn't think necessary to upload both as so similar) and photos of both Claim Forms. Also attached is an image of the key text in the letter that the RK sent in response to the Letter Before Claims - admittedly this is a relatively clueless letter!!
I have read through a lot of the previous posts within this forum as I don't want to be wasting people's time with "the same old post" questions, but I have not been able to find the best way to approach this with regards to my situation.
Can anyone advise how the RK should proceed with this?
Thanks in advance!
Any help anyone can offer on this will be very gratefully received!
The registered keeper (RK) was sent 2 Claim Forms (issues on 14th August 2017) for 2 different Parking charges issued by PCM on 31st January and 15th February this year.
Additional communications have since been received from TRACE Debt Recovery and consequently from Gladstones who issued a Letter Before Claim for both claims.
The RK responded to the Letter Before Claim (one letter was sent to cover both claims), requesting for the associated documents to be forwarded, along with an explanation of the £160 fees, and a confirmation of "whether the intended action is founded on a contractual charge, a breach of a contract or trespass", as well as confirmation that the "client's contract with the land-holder includes specific authority to take legal action and that this will be produced for the court". This letter was admittedly sent on the deadline for response and there has been no reply to-date.
Both Claims have been acknowledged through the MCOL site, so believe the defence must be submitted by 16th September.
The first claim for a PCN on 31st January is being claimed at £240.72.
The second claim for a PCN on 15th February is being claimed at £240.19. (incidentally, all correspondence for this claim is addressed to R Martin, which is not the correct name of the RK i.e it is the surname initial and first name).
The vehicle in question was parked at the exact same locations for both occasions. This is a seemingly public area outside a gym and some fast food shops, where there are often lots of cars parked. There are a handful of allocated spaces, which are poorly marked by a slightly different colour paving blocks. The car was parked on the road near these spaces, where there are no paint marks/yellow lines and it was not obstructing any access etc. There are no evident signs in the vicinity to state "you are now entering a private estate" etc so there is no indication that parking restrictions will be different to those in the Highway Code.
For reference, the RK previously went through another attempted charge from PCM at this location, where it didn't get to this stage. On that occasion the vehicle had been parked on the open paved area, but not within an allocated space. The RK appealed this on the grounds that the signs are not easily visible and that the parking spaces are not clearly marked. They never formally cancelled this charge, but it didn't progress after the ongoing communications between the RK and their debt collection firm (this was approximately 2 years ago).
Please see attached attached a copy of one of the Letters Before Claim (didn't think necessary to upload both as so similar) and photos of both Claim Forms. Also attached is an image of the key text in the letter that the RK sent in response to the Letter Before Claims - admittedly this is a relatively clueless letter!!
I have read through a lot of the previous posts within this forum as I don't want to be wasting people's time with "the same old post" questions, but I have not been able to find the best way to approach this with regards to my situation.
Can anyone advise how the RK should proceed with this?
Thanks in advance!
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