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Parking & Property Management Ltd. - Parking charge in residential car park
emergencychimp
post Wed, 2 Aug 2017 - 20:49
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So the driver got a parking charge in a residential car park in the time from leaving the car in a visitor space and going up to grab a parking permit from an outgoing tenant.

It seems this place is employing 'civilian' type attendants. No marked car, no uniform...

Anyway, of course a valid permit was in the possession of the driver.

My initial question is, do you send the appeal before the 28 days? I've read some people send it a couple of days prior. Or is the normal procedure to wait for NTK?





This post has been edited by emergencychimp: Wed, 2 Aug 2017 - 20:50
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post Wed, 2 Aug 2017 - 20:49
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Redivi
post Mon, 16 Apr 2018 - 16:42
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I wouldn't send that covering letter
It can be interpreted as a rant

Search the forum (top right corner) for the phrase "reasonably straightforward"

It will produce some threads with a "colder" text to use

When it comes to the part "The Defendant will in particular wish to question the Claimant about the following points" you can list them as appropriate


This post has been edited by Redivi: Mon, 16 Apr 2018 - 16:42
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emergencychimp
post Mon, 16 Apr 2018 - 18:23
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Understood. This one seems to be the go to one on MSE.

The Defendant opposes the Claimant's request for special directions and requests that the case be listed for an oral hearing at the Defendant's local court. It is noted that this serial litigator has failed to provide any coherent particulars of claim, providing only scant details.

Other such claims in the public domain issued by Gladstones for parking companies also follow this same 'cut & paste' model, omitting any facts at all. The vague template particulars appear to be incapable of giving rise to any contractual claim in law and the omissions prejudice the Defendant's right, as registered keeper of a vehicle, to understand the issues and make informed decisions and responses in defence. The conduct of the Claimant and their Solicitor suggests an inherent disregard for the CPR overriding objective, when dealing with unrepresented Defendants (as in this case).

It is requested that the conduct of this Claimant and their Solicitor in pursuing scattergun, copied and un detailed claims, apparently as a cheap form of debt collection and to intimidate consumers unused to the court process, is referred for such pre-hearing directions specific to this case, as the Judge may see fit.
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nosferatu1001
post Tue, 17 Apr 2018 - 06:36
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Tjhat says nothing about why you need an oral hearing

For example, that you believe the claimant will only disclose their actual case in the witnesss statement, or that you need to crsos examine their witness about...
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ManxRed
post Tue, 17 Apr 2018 - 08:01
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Something like:
QUOTE
I object strongly to this proposal.

I deny the claimant's assertion that the matter is relatively straightforward.

The issues in dispute include the Claimant's defective Particulars of Claim, and its failure to meet the requirements of the Protection of Freedoms Act to pursue the Defendant,

As a litigant in person, I would be seriously disadvantaged against the Claimant, a parking company that has employed its trade association's solicitor to prepare its documents.

I would also wish to question the Claimant regarding its witness statement and other documents.


I therefore requests that the matter is transferred to xxxxxx County Court Hearing Centre in accordance with the Civil Procedure Rules where the Defendant is a consumer


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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emergencychimp
post Tue, 17 Apr 2018 - 15:32
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Cool. Thanks. Yeah. I did wonder why it was missing stuff about cross examining e.t.c. As I said, it was pretty much verbatim from one used on MSE that was being used as a recommended template.

I'll go with ManxRed's one.
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ManxRed
post Wed, 18 Apr 2018 - 08:17
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QUOTE
The issues in dispute include the Claimant's defective Particulars of Claim, and its failure to meet the requirements of the Protection of Freedoms Act to pursue the Defendant


I've not had time to read through all seven pages, so just make sure that both these issues are relevant to your case.


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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emergencychimp
post Wed, 18 Apr 2018 - 14:31
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Yup. Particulars of claim are piss poor. NTD and NTK fail to meet requirements of POFA.

Particulars of claim are in post 63.
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emergencychimp
post Tue, 1 May 2018 - 16:58
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Along with the N180, there was an EX730 about mediation with 2 tick boxes on a cover page. I take it this can be ignored? It doesn't say I need to send it anywhere.
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SchoolRunMum
post Wed, 2 May 2018 - 00:07
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If it is a sheet dealing solely with Mediation, and you have ticked NO to Mediation on the N180 itself(?), then it seems superfluous.
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emergencychimp
post Wed, 16 May 2018 - 13:27
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Are the management company under any obligation to provide a copy of the contract with the parking company?

I thought I would try and establish if there is a legitimate contract but the management company refuse to provide one.

They say the management company has no authority to disclose any details of any contracts entered into by their clients. They say they are under no obligation to to discuss the nature of contracts with any third party and will not release copies of any documents pertaining to the residents association.

Of course they confirm that the parking company has been engaged by the residents association and are operating within the terms of their contract with the full consent of the the management company.

I just can't understand how a supposed contract that only exists in sign form can be enforced when the management company is unwilling to provide a copy of a written contract.
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The Slithy Tove
post Wed, 16 May 2018 - 17:07
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QUOTE (emergencychimp @ Wed, 16 May 2018 - 14:27) *
Of course they confirm that the parking company has been engaged by the residents association and are operating within the terms of their contract with the full consent of the the management company.

I just can't understand how a supposed contract that only exists in sign form can be enforced when the management company is unwilling to provide a copy of a written contract.

But the management company is not the landowner. Big difference.

In any case, you simply assert that in the absence of a contract between PPC and MC, the assumption must be made that there is none.

This post has been edited by The Slithy Tove: Wed, 16 May 2018 - 17:08
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emergencychimp
post Wed, 16 May 2018 - 17:15
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Yeah. It's just a bit weird. I know this management company has been difficult about handing over contracts in the past but from what I gather, they do eventually provide a copy.

It's a moot point really as they'll be forced to provide one should it go to court. I was just trying to be a bit proactive.
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Eljayjay
post Wed, 16 May 2018 - 19:00
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Did you send the letter, which I drafted for you, in post #96?

If you did, did you get a response?



This post has been edited by Eljayjay: Wed, 16 May 2018 - 19:00
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emergencychimp
post Wed, 16 May 2018 - 20:32
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Yeah. I sent that. No response as of yet. From my research, this is typical of Gladstones no? They just ignore requests for relevant documents until they have to provide a witness statement?
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Eljayjay
post Wed, 16 May 2018 - 21:31
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It is very typical of Gladstones insofar as many letters sent to them are concerned. I know that a few of the post #96 letters have been sent to Gladstones but, to date, they have failed to reply to any of them.

Has you received anything to say to which court your case been allocated?

From memory, I am pretty sure that this recorded on MCOL. So, if you have not received anything through the post, check MCOL.

If it has been allocated to a court, you should be able to find the court's email address at courttribunalfinder.service.gov.uk

If necessary, as there may be a few from which to choose, find the correct one by telephoning the court.

Then, as you did not receive a letter before claim, send an email to the court, saying...


As you know, Gladstones Solicitors Limited have made a claim (No. xxxxxxxxx) against me on behalf of their client xxxxxxxxxxxxxxxxxxx.

I understand that, in accordance with the Pre-Action Protocol for Debt Claims, I should have been sent a letter of claim from either the claimant or their solicitors but no such document was received by me.

I had received the letter of claim, I would have asked its author to provide a number of documents and other information. The claimant would then have been required to either provide the documents or information, or (b) explain why the document or information is unavailable, within 30 days of receipt of the request.

Having been denied the opportunity at the correct time, I sent the following letter to <the claimant/the claimant's solicitors> on xx xxxxx 2018.

<text of your previous letter>

As time is flying by and I have not received the documents and information or even an acknowledgement from <the claimant/the claimant's solicitors>, I request the court to strike out the claim in the event of a full reply not being received within 30 days of my letter.


If nothing else, it draws the court's attention to your difficulty in defending the claim.

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emergencychimp
post Wed, 16 May 2018 - 21:51
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It appears to have been allocated to my local court a few days ago. I shall send them that e-mail. Thanks.
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nosferatu1001
post Thu, 17 May 2018 - 11:44
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Had I received the letter of claim
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emergencychimp
post Thu, 17 May 2018 - 13:17
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QUOTE (nosferatu1001 @ Thu, 14 Dec 2017 - 21:35) *
State that, in the event they again refuse to comply with the protocol, and raise.p a claim, you will immediately apply for a stay of proceedings until they do comply, at their clients expense.

I don't think I warned them I would apply for a stay of proceedings until they comply. Is this worth doing/can I still do it?

QUOTE (Eljayjay @ Wed, 16 May 2018 - 22:31) *
I request the court to strike out the claim in the event of a full reply not being received within 30 days of my letter.

Should this not be 'I request the court to strike out the claim due to a full reply not being received within 30 days of my letter'. As 30 days have already passed since the date of my letter.

This post has been edited by emergencychimp: Thu, 17 May 2018 - 13:27
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nosferatu1001
post Thu, 17 May 2018 - 16:44
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Of course you can do it. It'll cost £100 for the application but you can ask that the c repays this.
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Eljayjay
post Thu, 17 May 2018 - 23:23
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Obviously, if you sent the letter more than 30 days ago, change the wording of the letter to suit.
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