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County Court Claim - PCM and Gladstones Sollicitor
da_tnt
post Mon, 13 Aug 2018 - 13:49
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Hi,

Back in October 2017, the following vehicle was parked in a restricted area of a residential development for about half an hour to accept a delivery of beds. Note that the registered keeper owns a flat in the development and have a secure underground parking. The driver needed to be close to the entrance to help with the unloading of bulky items.

The parking is managed by Parking Control Management. The driver has not seen a parking warden and did not get a PCN on the windscreen. Later on, a PCN was sent by post with pictures that seem to have been taken from far away from a CCTV? The PCN is for £100 and would go up to £160 after 28 days. The PCN is issued to the registered keeper of the vehicle.

I have ignored all correspondence regarding this until I received a County Court Claim Form dated 10/08/18. I have acknowledged the claim this morning (13/08) and I am planning to post here my draft defence for some advice. In addition to the £160, the claim adds £50 legal fees, £25 court fees and approx £8.95 interest.

I have attached the original ticket, the claim form, some pictures from the ticket and google maps. I will try and take a closer picture of the signage and post it here.

I am thinking to start with the following items:
1. The Claimant has no standing to bring a case.
2. The signage is not adequate and does not offer a contract with the motorist.
3. Falsified solicitor costs
4. Claimant failed to meet Notice to Keeper obligations
5. Not sure if I can include : "Claim not correctly filed under The Practice Direction"

As I have thrown away all correspondence, I was planning on asking them to send a copy of all correspondence by email.

















Any ideas would be welcome, I will now do more research on previous cases to finish my draft

Thanks

This post has been edited by da_tnt: Mon, 13 Aug 2018 - 19:05
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post Mon, 13 Aug 2018 - 13:49
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da_tnt
post Tue, 8 Jan 2019 - 20:56
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QUOTE (ostell @ Fri, 9 Nov 2018 - 13:04) *
In the meantime start calculating your costs so that you can submit them if the fee is not paid. Your time @ £19 per hour, printing, postage etc.


Is 5 hours reasonable to claim for? Where do I record this cost, at the end of the Witness Statement?

QUOTE (Redivi @ Sun, 30 Dec 2018 - 16:24) *
Your defence hasn't mentioned that the employment of PCM is a derogation from grant (removal of a right) and therefore unlawful unless 75% ? of the tenants have agreed to it
I would still include a copy of the [i]Landlord and Tenant Act[/i] to support the argument that the lease takes precedence


What do you mean to include Landlord and Tenant Act? Do you mean to refer to it in the Witness Statement? As this is a very large document to print.

This post has been edited by da_tnt: Tue, 8 Jan 2019 - 20:54
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cabbyman
post Tue, 8 Jan 2019 - 21:00
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There have been a number of Landlord and Tenant Acts. I don't think any of them refer to a lease taking precedence.

A lease is an estate in land for a term of years that can only be defeated by a superior lease, the freehold or the sovereign. This is settled common law going back to......1700, 1600, 1290?????????


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Cabbyman 10 PPCs 0
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da_tnt
post Tue, 8 Jan 2019 - 21:37
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QUOTE (cabbyman @ Tue, 8 Jan 2019 - 21:00) *
There have been a number of Landlord and Tenant Acts. I don't think any of them refer to a lease taking precedence.

A lease is an estate in land for a term of years that can only be defeated by a superior lease, the freehold or the sovereign. This is settled common law going back to......1700, 1600, 1290?????????


Ok so i will include just the lease. Note that I have only included the cover page with my name and the address and the three page extract i posted earlier. I presume this is sufficient as I need to send a copy to the parking company and I don't want to include 30 pages - I have redacted some of the information as well
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ostell
post Tue, 8 Jan 2019 - 22:28
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But take the full lease to court with you in case it is asked for.
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nosferatu1001
post Wed, 9 Jan 2019 - 09:35
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So their usual FULL OF ARGUMENTS non-witness statement!
You shoudl ask the court to strike the WS as not complying witht eh CPRs, as it provides causes of action and advances legal arguments NOT contain

1-11 is their usual template; you know how to rebut the lack of detail by pointing out they only used X char of the 1080 allowed by MCOL, and nothing prefvented them serving further PoC by post, except their desire to use a roboclaim approach.

I cant recall - has the driver been identified? They do not allege who the driver is in this WS (not defence statement....no such thing exists. WS and defence, no amalgam of the two!) but if the drvier IS known then nothing about POFA applies. NOTHING.

As far as contract, you shoudl be aware of HMRC v VCS and how to rebut this complete twisting of the comments.

21 - complete rubbish
THey just "claim" parking is offered, whe ntheir own excerpt states parking is NOT offered
No contract was offered
This shoudl be in your defence already?!

23 - that is a GROSS misrep of PE v Beavis. The only difference is the no parking for more than 2 horus? What about it being a public carpark for a shopping centre that required a turnover, thus giving a commercial justification? You need to exhbit the decision to point out they are trying, despite being officers of the court, to mislead the court.

26 - is the plan accurate? Or is it just a google mpaps with some squiggles on it? Can you demonstrate any differences in their "plan" compared to reality?

29 - so they have no evidence to say the vehiclewasnt being unloaded? SO this isnt a witness statement of facts. They have X photos taken over a span of how many seconds? You shoudl comment on that if it helps you - their claim that their X photos taken over 30 / 60 120 seconds fail to show unloading is irrelevant. Its not unusual to lock a vehicle while carrying goods up X flights of stairs to a flat, depoisting the goods and coming back. This is why when a regulated COuncil officer shows there is no loading or unloading being carried out on, for example, double yellow lines an observation period of Y is required.

See for example Camden which requires THREE minutes of continuous observation https://www.camden.gov.uk/documents/20142/3...37-0401568ae952 page 8

ONLY include this if it helps you!

30 - assuming you have not identified the driver and are using the protections under POFA to limit your liability, then they havent even explained here how they are avoiding these protections or how they somehow dont apply



You will know from reading that your costs schedule is submitte the day before, to claimant and court

You have to detail TWO SECTIONS for costs

1) Ordinary costs
These are your costs you can always claim
They are:
1) Up to £95 for a HALF DAYS loss of leave or pay. Take pay slips with you, proof you have used holiday etc to support this. No copies just take to court.
2) Mileage @45p per mile for the round trip
3) Parking

Then you have a section headed "Costs for unreasonable behaviour pursuant to CPR27.14(2)(g)
Below this you give a BULLET list of their unreasonable behaviour to date - you can read around OTHER THREADS to get examples if youre not sure.
Then you have, all at £19 per hour:
- time spent on pre action
- time to research defence
- time to write defence
- time to write WS
etc. plus printing, postage etc.

-------------------------------------

The reason to include the L&TA is to prove that, without the 75% agreement / no more than 10% objection, no altreration to a lease can be made.

How does your lease help with the driver parking outside of your allocated space? I cant recall but they do make a deal about the fact of being a resident not mattering
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cabbyman
post Wed, 9 Jan 2019 - 12:37
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I'm still struggling to see which 'L&TA' is being referenced and why.

There were at least eight Landlord and Tenant Acts between 1927 and 2014, aside from various Housing Acts and Rent Acts.

If the OP is to quote such legislation, it must be precise with regard to the title of the Act and, ideally, include the section and clause references. It would also help the court if the OP had a copy of the relevant Act in court in order to guide the Judge.


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da_tnt
post Thu, 10 Jan 2019 - 12:18
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thank you guys , i will let you know of the outcome
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