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FightBack Forums _ Private Parking Tickets & Clamping _ Finally Got CCC

Posted by: Newt75 Fri, 1 Jun 2018 - 13:11
Post #1386713

Firstly, apologies for this not being the first time someone's had to read this or similar stories.

Last year our vehicle was at an NCP site which uses ANPR. Exact details of what happened can be gone into in more detail if necessary, but we found ourselves receiving a 'Demand For Outstanding Payment' from Trace Debt Recovery. The amount was for £160 and their client NCP along with the date of PCN. No other details were given.

I phoned to inform them that this was the first notification we had of any incident and was told to put that in writing. This I did, politely declining their offer to pay the £160. I was also informed on the phone that we should have received 2 letters from NCP prior to this first letter. This was not the case.

I then received another letter from TDR stating that 'in the light of the fact you state you had not received the original notice, I have reinstated the full PCN amount of £100 for 14 days from the date of this letter'

This lead to much confusion as the PCN date quoted is 23/07/2017, and the Date of Posting This Demand is 10/04/2017.

On both of these letters we were informed that 'It is too late to appeal' and our 'Avenue of appeal has expired'.

Our next letter came from Gladstones Solicitors, again inviting us to make full payment withing 14 days. There were no particulars of the case or any evidence to support the claim. I'm unsure if I replied to this letter as I can't find a copy for reference (more fool me).

This was in November 2017 and was followed up with an LBC in February 2018. Again, there were no particulars, but this time they did include the location of the site in question. I replied to this letter using Gladstones website, acknowledging receipt and re-iterating their lack of detail and compliance with the rules.

Receipt of this was acknowledged, only for us to then receive another LBC in March. This we did not reply to, and yesterday (31/05/2018) received the full on County Court Claim Form. This now has the additional costs of £25 Court Fee, £50 Legal Rep Costs and interest of £9.69 continuing to judgement at £0.04 per day to judgement.

I've read as many posts as I could understand along the way to this point, and I fear I may have missed the opportunity to nip this in the bud a lot earlier than getting to this stage.

A CCJ is out of the question due to work restrictions, although am I correct that if we attend court and fail to defend, if we pay immediately then there'll be no record?

I know our first step is to acknowledge receipt of court papers, and then to build our case/ defense. And that's where you guys and gals come into play, as myself, I'm confused as heck as to what's what.

I know I have to do a lot of the work myself, but a firm prod in the right direction is definitely required.

Many thanks

*Topic Title edited after being corrected)

Posted by: peterguk Fri, 1 Jun 2018 - 13:18
Post #1386717

Just to be accurate, you have not got a CCJ. You've received a CC Claim Form.

To get a CCJ registered against you, you need to lose in court, and then not pay within 28 days.

Posted by: Newt75 Fri, 1 Jun 2018 - 13:26
Post #1386721

QUOTE (peterguk @ Fri, 1 Jun 2018 - 13:18) *
Just to be accurate, you have not got a CCJ. You've received a CC Claim Form.

To get a CCJ registered against you, you need to lose in court, and then not pay within 28 days.


Thank you Peter, that's just taken a lot of the stress off and is going to make this a lot easier to stomach.

Posted by: Redivi Fri, 1 Jun 2018 - 13:47
Post #1386730

Can you confirm the full and exact name of the company you've called NCP ?

Court claims from National Car Parks are almost unknown and, as members of the British Parking Association, it's strange that they would issue a claim via Gladstones, an organisation that's to all intents and purposes identical to the IPC, a rival trade association

Posted by: Newt75 Fri, 1 Jun 2018 - 14:05
Post #1386738

QUOTE (Redivi @ Fri, 1 Jun 2018 - 14:47) *
Can you confirm the full and exact name of the company you've called NCP ?

Court claims from National Car Parks are almost unknown and, as members of the British Parking Association, it's strange that they would issue a claim via Gladstones, an organisation that's to all intents and purposes identical to the IPC, a rival trade association


Claimant: National Car Parks Limited

Posted by: Jlc Fri, 1 Jun 2018 - 19:25
Post #1386851

Ok, looks like they've finally grown a pair again. They will have a large back catalogue of unpaid charges to roboclaim...

Posted by: Newt75 Fri, 1 Jun 2018 - 19:59
Post #1386860

QUOTE (Jlc @ Fri, 1 Jun 2018 - 20:25) *
Ok, looks like they've finally grown a pair again. They will have a large back catalogue of unpaid charges to roboclaim...


Is that Gladstones or NCP?

Posted by: Jlc Fri, 1 Jun 2018 - 20:50
Post #1386867

NCP...

Posted by: emanresu Sat, 2 Jun 2018 - 05:05
Post #1386906

Seems it is a corporate ticket which are easier than a Joe Public one as most companies will pay up.

Is it a company registered car?

Posted by: Newt75 Sat, 2 Jun 2018 - 10:55
Post #1386957

QUOTE (emanresu @ Sat, 2 Jun 2018 - 06:05) *
Seems it is a corporate ticket which are easier than a Joe Public one as most companies will pay up.

Is it a company registered car?


Nope, not a company vehicle, privately owned by us.

Posted by: Redivi Sat, 2 Jun 2018 - 11:07
Post #1386960

It's confusing when you use words like "we" and "us"

I assume that Gladstones has issued a claim against you personally as the registered keeper on behalf of NCP

Are you able to state with reasonable certainty that you weren't the driver ?

Posted by: Newt75 Mon, 4 Jun 2018 - 20:43
Post #1387548

QUOTE (Redivi @ Sat, 2 Jun 2018 - 12:07) *
It's confusing when you use words like "we" and "us"

I assume that Gladstones has issued a claim against you personally as the registered keeper on behalf of NCP

Are you able to state with reasonable certainty that you weren't the driver ?


The claim is issued against the Registered Keeper/ Driver

And I neither Admit or Deny I was the Driver.

Posted by: Redivi Tue, 5 Jun 2018 - 01:16
Post #1387579

QUOTE (Newt75 @ Mon, 4 Jun 2018 - 21:43) *
QUOTE (Redivi @ Sat, 2 Jun 2018 - 12:07) *
It's confusing when you use words like "we" and "us"

I assume that Gladstones has issued a claim against you personally as the registered keeper on behalf of NCP

Are you able to state with reasonable certainty that you weren't the driver ?


The claim is issued against the Registered Keeper/ Driver
Are you personally the registered keeper and are those the exact words on the Particulars of Claim ?

And I neither Admit or Deny I was the Driver.
If the chances are better than 50:50 that the driver was not the registered keeper, it provides an extra defence point

Have you ever received a copy of the Parking Notice because Exact details of what happened can be gone into in more detail if necessary suggests that you in fact know what it concerns ?
Inadequate signage is a defence point and NCP is notorious for terms and conditions in fine print on 3000 word notices mounted below the level of vehicle windows


Posted by: Newt75 Tue, 5 Jun 2018 - 21:27
Post #1387884

QUOTE (Redivi @ Tue, 5 Jun 2018 - 02:16) *
QUOTE (Newt75 @ Mon, 4 Jun 2018 - 21:43) *
QUOTE (Redivi @ Sat, 2 Jun 2018 - 12:07) *
It's confusing when you use words like "we" and "us"

I assume that Gladstones has issued a claim against you personally as the registered keeper on behalf of NCP

Are you able to state with reasonable certainty that you weren't the driver ?


The claim is issued against the Registered Keeper/ Driver
Are you personally the registered keeper and are those the exact words on the Particulars of Claim ?

And I neither Admit or Deny I was the Driver.
If the chances are better than 50:50 that the driver was not the registered keeper, it provides an extra defence point

Have you ever received a copy of the Parking Notice because Exact details of what happened can be gone into in more detail if necessary suggests that you in fact know what it concerns ?
Inadequate signage is a defence point and NCP is notorious for terms and conditions in fine print on 3000 word notices mounted below the level of vehicle windows




The exact words of the claim are:

The Driver of the vehicle Reg ******* incurred the parking charge(s) on ****** for breaching terms of parking on the land at ***. The Defendant was driving the vehicle and /or is the Keeper of the Vehicle.

The person named may or may not have been the driver.

We have never received a copy of the parking notice, it went straight to demands from Trace and we've had no supporting evidence other than assurances that 'In the light of the evidence we hold I have to advise that the PCN and its associated processes are in line with the industry standards and are compliant the BPA code of practice' Somehow I question how a £160 demand is in line and compliant.

Unfortunately the site named is a few hundred miles away and we're unable to get any pictures of signage. I suppose a visit could be arranged and added to the costs?

Posted by: ostell Tue, 5 Jun 2018 - 21:39
Post #1387891

Tried google maps to get a view of the car park?

Posted by: Newt75 Tue, 5 Jun 2018 - 22:04
Post #1387906

QUOTE (ostell @ Tue, 5 Jun 2018 - 22:39) *
Tried google maps to get a view of the car park?


I've just tried your suggestion and yup, found the car park and signage, although I can't actually read any of it from the images (and yes, I've used a graphics package to blow it up etc).

Posted by: nosferatu1001 Wed, 6 Jun 2018 - 07:05
Post #1387941

Have a look around for facebook groups of local places

How about sending, NOW, a SAR to NCP for a copy of ALL documents they hold on you? They MUSt repsond within 30 days. Within that require them to send copies of signage, as these must be in any case-file they have passed to their solicitors.

Posted by: Newt75 Thu, 7 Jun 2018 - 21:15
Post #1388497

QUOTE (nosferatu1001 @ Wed, 6 Jun 2018 - 08:05) *
Have a look around for facebook groups of local places

How about sending, NOW, a SAR to NCP for a copy of ALL documents they hold on you? They MUSt repsond within 30 days. Within that require them to send copies of signage, as these must be in any case-file they have passed to their solicitors.


We've found an FB group and I should be getting pictures of the signage in the next couple of days.

With regards to a SAR, I know I'm pushing it for time, but now that it's free under the new GDPR regulations, there's no harm in getting in there. I'm no great letter writer and haven't been able to find a template for a SAR that's relevant, but would something along these lines be acceptable:

Address

Date

Re. SAR
Ref. PCN **********
County Court Claim no. ********

Dear Sir/ Madam


Under the GDPR 2018, I am writing to request copies of any information within your internal record systems with regards to a claim being filed against myself under the above number.

I would be grateful if you would provide ALL details, not least

1. Details and full copies of all contracts which you believe exist or have existed between myself and your organisation, including true copies of any documents you hold in support of the same.

2. Copies of any Photographic evidence held by yourselves, including ANPR data pertaining to the the claim.

3. Copies of any Correspondence pertaining to the claim

4.... I kind of got stuck at this point.....

Please find enclosed a copy of the VO5 to which the claim relates and also proof of identification in the form of a recent Council tax bill. (Question as to required or not)

If you need any more data from me, or a fee, please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your DataProtection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully


The final bit is a direct copy from the ICO page itself. I'm not sure if the part apart requiring a fee should be included as these details should be free, but I'm pretty sure they would come up with something just to be obtuse.

Also, would it be worth sending a copy or variant to Gladstones? I believe all of this information should have been supplied by now under the PAP shouldn't it?

Many thanks for all your help to date.

Posted by: SchoolRunMum Thu, 7 Jun 2018 - 23:57
Post #1388535

So Gladstones have recently convinced NCP that they can get them a few bob from their back catalogue of unpaid fake PCNs.

We are here to ensure that's not the case for readers of this forum, from any PPC!

Send the SAR off, but I would change 'pertaining to the claim' to:

QUOTE
pertaining to the claim and the purported parking charge itself. I require all data held and obtained from whatever means about myself and the vehicle, including but not limited to the KADOE DVLA request dates/data, the documents and letters you contend were sent and where/when, the data stored about the automated processing of the ANPR images of the car, proof stored of any manual checks made before issuing a PCN, ANPR images and any other data streams, such as exact or near-miss matches for this VRN from all/any PDT machines at that site around the material time on site.


Read this thread, second post, and do the AOS online first:

https://forums.moneysavingexpert.com/showthread.php?t=4816822

That extends your time to defend to 28 days so you have June to finalise a defence. Pretty sure there is an NCP defence on MSE forums recently but if not, the NEWBIES FAQS thread linked shows you example ANPR (camera ticket) defence wording to crib from.
QUOTE
Exact details of what happened can be gone into in more detail if necessary

Yes please:

- what sort of car park, retail, train station, where?

- what contravention, ''no permit''? No PDT machine ticket at all (why)? Expired PDT (how long overstay)? Wrong VRN (small error)?

Posted by: Newt75 Fri, 8 Jun 2018 - 07:00
Post #1388550

OK, so I need to change point 2 to read

2. Copies of any Photographic evidence held by yourselves, including ANPR data pertaining to the the claim and the purported parking charge itself. I require all data held and obtained from whatever means about myself and the vehicle, including but not limited to the KADOE DVLA request dates/data, the documents and letters you contend were sent and where/when, the data stored about the automated processing of the ANPR images of the car, proof stored of any manual checks made before issuing a PCN, ANPR images and any other data streams, such as exact or near-miss matches for this VRN from all/any PDT machines at that site around the material time on site.

And lose any further points as I believe this covers the third.

Already done the AOS via MCOL. That's not as scary as it looks on the threads.

Nature of the car park: Just a simple parking lot, pay and display just off the main road. No attendant.

Contravention: Unnamed. Nowhere on any paperwork does it state what the charge is for. And having just re-read the paperwork to check that, I am now aware that it doesn't quote ANPR anywhere either. That's from my personal notes when I phoned up after receiving the first demand. I challenged the fact that no PCN was issued to the vehicle and was told that it was an ANPR capture and no PCN would have been issued on site.


Posted by: nosferatu1001 Fri, 8 Jun 2018 - 08:33
Post #1388565

It does not have to mention ANPR, however if there was no ticket on the car, and just photos of leaving and entering, that can only be ANPR

COmpletely failing to name any form of breach is average for gladstones. Does it say on ANYTING pre-gladstones what the charge was for?

Posted by: Newt75 Fri, 8 Jun 2018 - 08:52
Post #1388570

QUOTE (nosferatu1001 @ Fri, 8 Jun 2018 - 09:33) *
It does not have to mention ANPR, however if there was no ticket on the car, and just photos of leaving and entering, that can only be ANPR

COmpletely failing to name any form of breach is average for gladstones. Does it say on ANYTING pre-gladstones what the charge was for?


Unless I'm missing the meaning of some wording, the closest I can get is 'Our client National Car Parks, has written to you requesting payment for parking charges relating to the above Parking Charge Notice, however to date the debt has not been settled'

I can scan the letters from TDR and post them up in case I'm deliberately not seeing something (can't see the wood for the trees kind of thing), but that'll be this afternoon. As I've also covered, there's no previous paperwork prior to TDR to quote from.

Posted by: nosferatu1001 Fri, 8 Jun 2018 - 09:29
Post #1388581

Nope, dont care about debt recovery.
As there is no NtK you really need to get sight, and having made this clear to Gladstones they really cannot complain> The SAR will definitely help - dont delay sending that to NCP!

Posted by: Newt75 Fri, 8 Jun 2018 - 09:45
Post #1388584

So this is good to go, along with suggested ID such as V)5 and Council tax bill as I've seen examples of replies which have requested these, presumably to delay procedures.

Address

Date

Re. SAR
Ref. PCN **********
County Court Claim Number: ********

Under the GDPR 2018, I am writing to request copies of any information within your internal record systems with regards to a claim being filed against myself under the above number.

I would be grateful if you would provide ALL details, not least

1. Details and full copies of all contracts which you believe exist or have existed between myself and your organisation, including true copies of any documents you hold in support of the same.

2. Copies of any Photographic evidence held by yourselves, including ANPR data pertaining to the the claim and the purported parking charge itself. I require all data held and obtained from whatever means about myself and the vehicle, including but not limited to the KADOE DVLA request dates/data, the documents and letters you contend were sent and where/when, the data stored about the automated processing of the ANPR images of the car, proof stored of any manual checks made before issuing a PCN, ANPR images and any other data streams, such as exact or near-miss matches for this VRN from all/any PDT machines at that site around the material time on site.

Please find enclosed a copy of the VO5 to which the claim relates and also proof of identification in the form of a recent Council tax bill. (Question as to required or not)

If you need any more data from me, or a fee, please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your DataProtection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully

Posted by: nosferatu1001 Fri, 8 Jun 2018 - 10:24
Post #1388594

Dont mentiuon a fee. They cannot charge one unless is is excessive. Asking ONCe for all data convcernign you when they have a claim agsint you cannot be excesssive.

Yes include the ID. Stops them delaying.

Posted by: Redivi Fri, 8 Jun 2018 - 10:51
Post #1388608

I wouldn't send that letter in response to a claim
It gives a full month to reply, long after your deadline to submit the defence

I would send instead to Gladstones :

Dear Sir

Ref ****

I have received the above claim

Please provide the following documents and information that you failed to provide in accordance with the Pre-action Protocol for Debt Claims :

1. A copy of your client's contract with the land-owner that must confirm that it has the written authority to take legal action in its own name

2. Copies of any Photographic evidence held by yourselves, including ANPR data pertaining to the the claim and the purported parking charge itself.

3 Copies of all documents that your client intends to rely on including but not limited to the KADOE DVLA request dates/data, the documents and letters you contend were sent and where/when, the data stored about the automated processing of the ANPR images of the car, proof stored of any manual checks made before issuing a PCN, ANPR images and any other data streams, such as exact or near-miss matches for this VRN from all/any PDT machines at that site around the material time on site

4 An explanation of all charges additional to the original parking charge notice

5 A copy of your client's contract with Trace Debt Recovery and evidence that its charge was invoiced and paid

6 Does your client intend to rely on the Protection of Freedoms Act to recover payment from the registered keeper ?
If so, why does it believe that it is exempt exempt from Para 4(5) and 9(5) of the legislation ?

Please regard this letter as a formal request under CPR 18 and 31.14 to provide all of the documents sent by your client.
Unless you are in the habit of issuing claims without inspecting clients' documents, you should already possess this information

Although the claim is for a sum that should be allocated to the small claims track, this has not yet occurred.
The provisions of CPR 27(2) are therefore of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

The documents and information will be essential to prepare a defence and the request is entirely in accordance with the Over-riding Objective and CPR 1.1(2)(a).
I require them within ten days of the date of this letter

Thank You

Yours Faithfully

Posted by: Newt75 Fri, 8 Jun 2018 - 13:42
Post #1388677

Top stuff, thank you people. I don't see any harm in sending both requests as it's only going to cost me postage and stationary. They will be in the post this afternoon.

Whilst I'm waiting on that, if anything should come of them, am I right in thinking that the next step is Witness Statement and to begin building a defense?

Posted by: Redivi Fri, 8 Jun 2018 - 14:12
Post #1388686

Next step is the defence statement

Witness statement comes much later

Your defence statement will, with any luck, be able to include lots of points along the lines of :

The Particulars of Claim disclose no cause of action and the Defendant has no idea what the claim is about
The Defendant did not receive the original parking notice and has twice requested a copy without success


The Claimant has previously employed Trace Debt Recovery that added £60 to the parking charge
The Defendant has the reasonable belief that the charge, added to the claim, has not in fact been incurred
The Defendant has made a formal request to the Claimant's solicitor under CPR 18 and 31.14 for an explanation of the charge and evidence that it was paid
The solicitor has ignored the request

Posted by: Newt75 Tue, 26 Jun 2018 - 10:06
Post #1393827

Right then, if my maths is correct, today is the final day to submit the defence. The court papers are dated the 25 May 2018, so I hope I've got this right, allowing 5 days from the date and then 28 days from that.

As yet I've had no reply from Gladstones with regards to the last letter I sent them asking for all the details relating to the claim, so I'm working with no documentation to respond to.

I've bullet pointed a draft up from the posts I've been reading through and advice given on this thread, and all I can do is ask your patience with me in getting this finalised.

Posted by: ManxRed Tue, 26 Jun 2018 - 10:11
Post #1393830

Add to the WS that your letter to them was not responded to, and places you at a disadvantage in forming a defence.

Posted by: Newt75 Tue, 26 Jun 2018 - 10:24
Post #1393836

QUOTE (ManxRed @ Tue, 26 Jun 2018 - 11:11) *
Add to the WS that your letter to them was not responded to, and places you at a disadvantage in forming a defence.


Does that go in the Defence or the Witness Statement, getting slightly confused between the two.

Posted by: Redivi Tue, 26 Jun 2018 - 10:30
Post #1393839

See my Post #28 regarding a format to use for your defence points wherever possible

I've recently written a defence for a very similar situation when the first letter came from Trace

Gladstones has replied to the defence with their usual :

As the case is reasonably straightforward we intend to apply for a hearing on the papers

Now going to draft a letter for the court to remind it that the claimant's solicitor has failed to :

1 Explain why a PCN was never issued and hasn't supplied a copy
2 Disclose a course of action
3 Explain why it's brought a claim for different location
4 Explain why it's brought the claim when a court has previously ruled that the claimant has no legal capacity

The case isn't straightforward and Gladstones shouldn't be allowed to ambush the defendant by submitting papers that he has no opportunity to question

Posted by: ManxRed Tue, 26 Jun 2018 - 10:42
Post #1393843

QUOTE (Newt75 @ Tue, 26 Jun 2018 - 11:24) *
QUOTE (ManxRed @ Tue, 26 Jun 2018 - 11:11) *
Add to the WS that your letter to them was not responded to, and places you at a disadvantage in forming a defence.


Does that go in the Defence or the Witness Statement, getting slightly confused between the two.


I would say Witness Statement, as that is an account of events/facts that have occurred. You sent them a letter on XXth YYYY 2018 given them X days to reply, however as of [today] they have failed to respond to this letter.

Posted by: Newt75 Tue, 26 Jun 2018 - 10:47
Post #1393848

QUOTE (Redivi @ Tue, 26 Jun 2018 - 11:30) *
See my Post #28 regarding a format to use for your defence points wherever possible

I've recently written a defence for a very similar situation when the first letter came from Trace

Gladstones has replied to the defence with their usual :

As the case is reasonably straightforward we intend to apply for a hearing on the papers

Now going to draft a letter for the court to remind it that the claimant's solicitor has failed to :

1 Explain why a PCN was never issued and hasn't supplied a copy
2 Disclose a course of action
3 Explain why it's brought a claim for different location
4 Explain why it's brought the claim when a court has previously ruled that the claimant has no legal capacity

The case isn't straightforward and Gladstones shouldn't be allowed to ambush the defendant by submitting papers that he has no opportunity to question


I've taken every point that you made into hand and as a bare bones have:

• No parking ticket issued
• No Notice to Keeper issued
• POFA? Date of alleged PCN 23/7/2017, date of first demand 13/9/2017
• Straight to Debt recovery
• Denial of appeal although NCP is a member of the BPA which does have a course of action.
• No evidence supplied following numerous requests
• LBC response was ignored (have automated proof of receipt from Gladstones)
• Particulars of the claim disclose no cause of action
• The Claimant has previously employed Trace Debt Recovery that added £60 to the parking charge
• Reasonable belief that the charge, added to the claim has not in fact been incurred
• Inflated costs against (policy, ethics, guidelines, rules?…) Is interest allowed?
• BPA says that debt collection must not exceed £70

I'm deliberately avoiding using the phrase "tantamount to blackmail", but at the moment that feels pretty accurate summation of the case.



Posted by: Redivi Tue, 26 Jun 2018 - 11:40
Post #1393868

You need to put the points in a logical order

Something along the lines :

• Particulars of the claim disclose no cause of action
• No parking ticket issued. I would add that Gladstones has ignored request for a copy and prevented you defending

New point - NCP has no legal capacity unless written authority from landowner

• No Notice to Keeper issued and link to
• POFA? Date of alleged PCN 23/7/2017, date of first demand 13/9/2017 = cannot recover from keeper

The points that you would have made in an appeal such as poor signs in breach of BPA Code of Practice

• The Claimant has previously employed Trace Debt Recovery that added £60 to the parking charge
• Reasonable belief that the charge, added to the claim has not in fact been incurred
• (Even if paid), BPA says that debt collection must not exceed £70

If it's a pay car park, ParkingEye v Beavis says that penalty can never be disengaged
Neither can it be disengaged if company not in compliance with Code of Practice

Invite court to have regard to CPR 27.14 when disposing of cost of case (unreasonable behaviour)
• Refusal to consider appeal when NCP informed that PCN not received
• No evidence supplied following numerous requests
• LBC response was ignored (have automated proof of receipt from Gladstones)
• Straight to Debt recovery
• Inflated costs against (policy, ethics, guidelines, rules?…) Is interest allowed?


Posted by: Newt75 Tue, 26 Jun 2018 - 13:17
Post #1393908

This is looking pretty thin on the whole, I'm not entirely sure how much to pad it out, if required at all.

• Particulars of the claim disclose no cause of action

• No PCN issued – The Claimant claims that 2 PCN’s were issued via post. No PCN was issued to the vehicle as ANPR was being used. To date no evidence has been received to support either of these claims, thus making any defence near impossible.

• No Notice to Keeper issued - The Claimant did not comply with POFA 2012 and give the registered keeper opportunity, at any point, to identify the driver. A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid, must be delivered no later than 14 days after the vehicle was parked. No ticket was left on the windscreen and no notice to keeper was sent within the 14 days required to comply with POFA 2012 only a ‘Demand For Outstanding Balance’ which was sent outside of the 14 day period, which did not comply with POFA 2012. This would exclude the registered keeper being liable for any charges.

• In accordance with the BPA Code of Practice (of which the Claimant is a member), 22.1 ‘The procedures must give drivers and keepers the chance to appeal a Parking Charge Notice’. As no PCN or NTK was issued, the Claimant has denied this right to the Defendant.

• Failure to follow any PAP – The Claimant has failed to follow PAP 6.a requiring them to provide ‘the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated’.

A compliant response to the issued LBC by Gladstones was ignored and a further LBC followed. This was a carbon copy of the first LBC received and provided no further information.

• A question has arisen as to whether the Claimant has written authority from the landowner to pursue any legal course.

• The Claimant has previously employed Trace Debt Recovery that added £60 to the parking charge. There is reasonable belief that the charge, added to the claim has not in fact been incurred.


I've been reading up the BPA code of practice and it states that charges should not be expected to exceed £100, and I believe it's the cost of debt collection which should not exceed £70. I'm not entirely clear as to whether I can use CPR 27.14 as it seems to pertain to Small claims, and I'm unclear as to how that stands.

Posted by: SchoolRunMum Tue, 26 Jun 2018 - 13:31
Post #1393912

You need to pad it out into numbered sentences, not vague bullet points, and you won't be filling in the paper form, you will be emailing the signed/dated (under a statement of truth) defence to the CCBAQ justice email account (urgently...WITH THE CLAIM NO. AND 'DEFENCE' in the subject line).

I assume you did the AOS on MCOL a couple of weeks ago already, to buy you this time...but you are almost out of time now.

Have you not looked at ANY other defences on the forum yet, if not why not? This doesn't look like one. See some examples linked in the the second post, all about court and with pictured examples of how a defence should look, from headings to numbering, here:

https://forums.moneysavingexpert.com/showthread.php?t=4816822

You defence needs the usual headings, including the claim number and the word 'defence', plus a statement of truth and numbering.


Just quoting this below to remind us what this is about and the fact you have had no information in the woeful POC, even about the breach, the terms, nothing:

QUOTE
The exact words of the claim are:

The Driver of the vehicle Reg ******* incurred the parking charge(s) on ****** for breaching terms of parking on the land at ***. The Defendant was driving the vehicle and /or is the Keeper of the Vehicle.

The person named may or may not have been the driver.

We have never received a copy of the parking notice, it went straight to demands from Trace and we've had no supporting evidence other than assurances that 'In the light of the evidence we hold I have to advise that the PCN and its associated processes are in line with the industry standards and are compliant the BPA code of practice' Somehow I question how a £160 demand is in line and compliant.

Unfortunately the site named is a few hundred miles away

Posted by: Newt75 Tue, 26 Jun 2018 - 14:08
Post #1393920

Yes, MCOL and AOS was done in plenty of time. Yes, I've read plenty of other threads and defences, although I've yet to find one which would act as a direct template.

I appreciate that this looks nothing like a finished copy and will pull it all together this afternoon in the correct format. For the time being I was making sure that it was easy enough to read.

Posted by: Newt75 Tue, 26 Jun 2018 - 21:39
Post #1394056

Hopefully this looks to be more in line with what SchoolRunMum wished to see:

IN THE COUNTY COURT

Claim Number: XXXXXXX

National Car Parks Limited

-and-

(Insert name here)

Defence Statement

I, (insert name), the Defendant in this Claim deny I am liable for the entirety of the claim on the following grounds.

1) Particulars of the claim disclose no cause of action.

2) The Claimant claims that 2 PCN’s were issued via post. No PCN was issued to the vehicle and it is claimed that ANPR was being used as evidence to support this Claim. To date no evidence has been received to support either of these claims, thus making any defence near impossible.

3) The Claimant did not comply with POFA 2012 and give the registered keeper opportunity, at any point, to identify the driver. A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid, must be delivered no later than 14 days after the vehicle was parked. No ticket was left on the windscreen and no notice to keeper was sent within the 14 days required to comply with POFA 2012 only a ‘Demand For Outstanding Balance’ which was sent outside of the 14 day period, which did not comply with POFA 2012. This would exclude the registered keeper being liable for any charges.

4) In accordance with the BPA Code of Practice (of which the Claimant is a member), 22.1 ‘The procedures must give drivers and keepers the chance to appeal a Parking Charge Notice’. As no PCN was issued, the Claimant has denied this right to the Defendant.

The Defendant was also advised in writing that ‘it is too late to appeal the original parking ticket. In line with industry standards the next available level of dispute resolution would be the County Court’. This should not have been the case as the BPA CoP 22.1 states ‘The procedures must give Drivers and Keepers the chance to appeal a Parking Charge Notice’ and 22.2 ‘You must tell motorists at what stage the independent appeals service becomes available’. Again the Claimant has denied this right to the Defendant.

5) The Claimant has failed to follow PAP 6.a requiring them to provide ‘the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated’.

The Claimant has been made aware of the failure to supply this information but has not complied with the requirements.

6) Upon receipt of the Letter Before Claim a compliant response was submitted to Gladstones Solicitors stating the lack of evidence and failure to follow protocol. This was submitted electronically and acknowledged by an automated response. However this letter of acknowledgement was ignored by Gladstones, and a further LBC followed. This was a carbon copy of the first LBC received and provided no further information.

7) Following the receipt of the County Court Claim a formal request under CPR31.14 was sent to Gladstones Solicitors requesting

a) A copy of the Claimants contract with the land owner
b) Copies of any photographic evidence held by themselves
c) Copies of all documents the Claimant intends to rely on in court
d) An explanation of all charges additional to the original PCN
e) A copy of the Claimants contract with Trace Debt Recovery and evidence that it’s charge was invoiced and paid.

No response was received to this request.

8) A question has arisen as to whether the Claimant has written authority from the landowner to pursue any legal course.

9) The Claimant has previously employed Trace Debt Recovery that added £60 to the parking charge. There is reasonable belief that the charge, added to the claim has not in fact been incurred.

STATEMENT OF TRUTH
I confirm that the contents of this defence are true to the best of my knowledge and recollection

(sign in this space)

(Insert Name)
(Insert Date)


I'm woefully aware as to the time constraints in place and that I should have been better prepared, but any amendments would be appreciated.

Posted by: Newt75 Wed, 27 Jun 2018 - 08:13
Post #1394082

Just a quick amendment and bump before I scan and mail this as I believe today is day 33 and it needs to be gone.

I've also added to the top line:

I, (insert name) the Defendant in this Claim and Registered Keeper of vehicle
XXXXXXX
deny I am liable for the entirety of the claim on the following grounds.

Posted by: SchoolRunMum Tue, 10 Jul 2018 - 20:39
Post #1397737

See you at Witness Statement stage, so you don't miss the stages that are important before the hearing.

Posted by: Newt75 Fri, 27 Jul 2018 - 10:11
Post #1402871

So, now we have what appears to be the standard reply from Gladstones at this stage on their N180:

No to mediation
Yes to small Claims Track

Hearing Venue: PUSUANT TO PD27 (2.4) SEE REQUEST FOR SPECIAL DIRECTION AND N159. If the Defendant doesn't consent - Claimants home court.

No Expert evidence
Yes there are days they can't attend - Please see cover e-mail

And it's all duly signed - Gladstones Solicitors (Printed)

The Special Direction being that the case be dealt with on the papers as in our opinion it's "Relatively straight forward"


We've got our copy to file back with the Court, which seems very straight forward, it just needs a cover letter to:

1) Deny that the case is 'Straight Forward' and can be dealt with on papers because the Claimant has failed to

a) Provide any evidence or documentation pertaining to the claim, not least failing to comply with a formal request under CPR 31.14 to provide said documentation

b) Follow any Pre-action Protocols set out by the BPA

c) Adhere to the strict regulations set out by POFA2012

2) Point out that the Court should be the Defendants and not the Claimants


Do we need to add anything further at this stage?


Posted by: Newt75 Thu, 27 Sep 2018 - 19:49
Post #1420281

It's been 2 months now since the papers were returned, and we've received confirmation that the case will be heard at our local Court.

However, today we received a 'General Form of Judgement or Order' which reads:

IT IS ORDERED THAT

The Claimant shall file and serve a Reply to the Defence by 4pm 10/10/2018

Pursuant to CPR 3.3(4) this Order has been made without a hearing being held. If you object to the order, you may make an appointment to have it set aside, varied or stayed within seven days of receiving it.

Anyone got any suggestions as to where this is going from here?

Posted by: nosferatu1001 Fri, 28 Sep 2018 - 01:22
Post #1420331

Suggests someone has read your defence and decided your points around their claim having no merit, have merit. They're essentially getting the claimant to do some actual legwork.

Posted by: Newt75 Fri, 28 Sep 2018 - 06:34
Post #1420340

QUOTE (nosferatu1001 @ Fri, 28 Sep 2018 - 02:22) *
Suggests someone has read your defence and decided your points around their claim having no merit, have merit. They're essentially getting the claimant to do some actual legwork.


That's how I read it as well, essentially put up or shut up. Will Gladstones be required to copy the Court into anything they send us, and are we likely to get further instructions?

Posted by: Redivi Fri, 28 Sep 2018 - 07:00
Post #1420344

So much for "the case is so straightforward that the Defendant is wasting everyone's time by wanting to know what the claim concerns"

Posted by: nosferatu1001 Fri, 28 Sep 2018 - 10:26
Post #1420443

In general the C will have to file a copy at court of anything you send.

Posted by: Newt75 Wed, 10 Oct 2018 - 20:57
Post #1424036

Well, Gladstones had until today to respond, and we've received nothing. Is it just a waiting game now to see where it goes from here?

Posted by: nosferatu1001 Thu, 11 Oct 2018 - 09:13
Post #1424086

4pm is the cutoff, so if you get nothing by tomorrow, I would write to the court stating the C has failed to serve on you the required Reply, and so you ask the court to use the powers to either strike the claim out or at least to Stay the claim until the Claimant files and pays the appropriate fee to lift the stay.

Posted by: Newt75 Mon, 15 Oct 2018 - 20:21
Post #1425550

I honestly think that these people must think that this is a joke. It probably is to them. Today (15/10) we received an E-mailed response from Gladstones, signed and dated today, a mere 5 days after the schedule set out by the court.

The response they have supplied is directly related to the Defence Statement we submitted, and not the request for any evidence, details or otherwise that we requested. Hopefully I've managed to put this together in a way which can be easily read, and any advice on where to go from here would be greatly appreciated.

QUOTE (Newt75 @ Tue, 26 Jun 2018 - 22:39) *
Defence Statement

I, (insert name), the Defendant in this Claim deny I am liable for the entirety of the claim on the following grounds.

1) Particulars of the claim disclose no cause of action.

2) The Claimant claims that 2 PCN’s were issued via post. No PCN was issued to the vehicle and it is claimed that ANPR was being used as evidence to support this Claim. To date no evidence has been received to support either of these claims, thus making any defence near impossible.

3) The Claimant did not comply with POFA 2012 and give the registered keeper opportunity, at any point, to identify the driver. A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid, must be delivered no later than 14 days after the vehicle was parked. No ticket was left on the windscreen and no notice to keeper was sent within the 14 days required to comply with POFA 2012 only a ‘Demand For Outstanding Balance’ which was sent outside of the 14 day period, which did not comply with POFA 2012. This would exclude the registered keeper being liable for any charges.

4) In accordance with the BPA Code of Practice (of which the Claimant is a member), 22.1 ‘The procedures must give drivers and keepers the chance to appeal a Parking Charge Notice’. As no PCN was issued, the Claimant has denied this right to the Defendant.

The Defendant was also advised in writing that ‘it is too late to appeal the original parking ticket. In line with industry standards the next available level of dispute resolution would be the County Court’. This should not have been the case as the BPA CoP 22.1 states ‘The procedures must give Drivers and Keepers the chance to appeal a Parking Charge Notice’ and 22.2 ‘You must tell motorists at what stage the independent appeals service becomes available’. Again the Claimant has denied this right to the Defendant.

5) The Claimant has failed to follow PAP 6.a requiring them to provide ‘the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated’.

The Claimant has been made aware of the failure to supply this information but has not complied with the requirements.

6) Upon receipt of the Letter Before Claim a compliant response was submitted to Gladstones Solicitors stating the lack of evidence and failure to follow protocol. This was submitted electronically and acknowledged by an automated response. However this letter of acknowledgement was ignored by Gladstones, and a further LBC followed. This was a carbon copy of the first LBC received and provided no further information.

7) Following the receipt of the County Court Claim a formal request under CPR31.14 was sent to Gladstones Solicitors requesting

a) A copy of the Claimants contract with the land owner
b) Copies of any photographic evidence held by themselves
c) Copies of all documents the Claimant intends to rely on in court
d) An explanation of all charges additional to the original PCN
e) A copy of the Claimants contract with Trace Debt Recovery and evidence that it’s charge was invoiced and paid.

No response was received to this request.

8) A question has arisen as to whether the Claimant has written authority from the landowner to pursue any legal course.

9) The Claimant has previously employed Trace Debt Recovery that added £60 to the parking charge. There is reasonable belief that the charge, added to the claim has not in fact been incurred.




Posted by: ostell Mon, 15 Oct 2018 - 20:49
Post #1425568

I like their 2: "The Penalty Chrage Notice"!

Posted by: SchoolRunMum Mon, 15 Oct 2018 - 21:11
Post #1425577

Well it is a 'reply to defence' but it shows you how little attention they pay to anything with these roboclaims.

The scandal is, they just don't have to, because people pay up and the UK's top Supreme court handed parking firms a dreadful decision to wave at people to make them comply, and the DVLA sell your/my/anyone's data to scum like the Claimant every day.

Gladstones don't actually care if they lose your case. It's a numbers game and this Country and the awful MCOL system supports it.

Posted by: Newt75 Mon, 15 Oct 2018 - 22:09
Post #1425610

So is it just a case of waiting now to see what happens? Is the fact that they didn't respond in time neither here nor there to them? I can only summise that if the boot was on the other foot it would come down pretty heavily.

It makes me smile that within their reply they deny sending 2 LBC letters (point 6) and yet we have them here. Also their idea of what constitutes the particulars of the claim differ from what I would expect... for example, perhaps the reason for the claim? It's almost as if it's legitimised black mail. 'We have something on you... We're not going to tell you what..., But if you don't pay us, You'll be in BIG Trouble!'

Posted by: SchoolRunMum Tue, 16 Oct 2018 - 00:18
Post #1425632

Mention the late 'reply to defence' and the flagrant disregard for court deadlines, in your Witness Statement which is your commentary/facts summary in your own words (and you attach your evidence at that stage).

Posted by: nosferatu1001 Tue, 16 Oct 2018 - 08:41
Post #1425661

Well you can now point out that using the term "penalty charge notice" is
misleading
misrepresentation
as they have NO legal right to charge a Penalty.

By describing it as such it is definitively a penalty (little "p") which cannot be recovered.

It was purely a Reply. It was never going to be about eivdence, as that wasnt what was Ordered by the court.

Posted by: Newt75 Mon, 22 Oct 2018 - 12:30
Post #1427338

QUOTE (nosferatu1001 @ Tue, 16 Oct 2018 - 09:41) *
Well you can now point out that using the term "penalty charge notice" is
misleading
misrepresentation
as they have NO legal right to charge a Penalty.

By describing it as such it is definitively a penalty (little "p") which cannot be recovered.


You're going to have to enlighten the thick one here I'm afraid. Are they using the term Penalty Charge Notice and Notice To Keeper as the same thing when they are in fact two separate items? Is that what we're looking at here?

Posted by: nosferatu1001 Mon, 22 Oct 2018 - 13:50
Post #1427370

No

Penalty Charge Notice is a reserved legal term for the documents councils stick on your car if you park on Double Yellow Lines.

By using the term, they are misreprenting the legal authority behind the mere INVOICE they actually sent (Notice to Keeper is still a parking charge notice and it is still an invoice) and, by doinb so, are misleading a consumer. They are clearly doing this deliberately as this is a formal Reply to Defence and not an incidental letter.

By CALLING IT a PENALTY, it is now a penalty (note small "p") and penalties cannot be recovered under English civil law. This is what the Beavis case was all about - that most unsually Parking Eye COULD recover somethign that is otherwise a penalty - but it required speicifc circumstances which dont apply here.

Posted by: Newt75 Mon, 21 Jan 2019 - 13:14
Post #1453677

Right, it's Royal Foul up time on my behalf.

I think we have about 48 hours to file the Witness Statement following a filing error on my behalf (wrote the wrong date down).

We received paper work from the Court informing us that

1) The claim had been allocated to the Small Claims Track
2) Further information will follow
3) The Final Hearing has been listed for a date after X 2019
4) The claimant must pay the hearing fee or apply for a remission form
5) Parties must send copies of their Witness Statements to the Court and each other no later than 28 days before the final hearing

6) Additional Directions in a contractual claim for breach of Parking terms. Additional directions: The evidence which the Claimant must file at court and send the Defendant must include:

a) A copy of any written terms of the contract;
b) Details of the location where the contract was made,
c) Detailed allegations of any breach of contract relied upon by the Claimant; and
d) An explanation of how the amount of the alleged debt is calculated under the agreement.

That all seemed well and good, and we then received a Notice of Trial Date.

And then this was followed by the Witness Statement from The Claimant.

It's now squeaky bum time as I've messed up my dates. You can be as judgemental on that as you wish on that one, but we all make mistakes.

So basically, HELP.

Would uploading a copy of their Witness Statement be of any benefit and is there anything you good people can do to help?

Posted by: nosferatu1001 Mon, 21 Jan 2019 - 13:30
Post #1453688

WEll, YOU need to write YOUR WS now
Its easy, graba RECENT ws example on here and use it for *layout*
The facts of the day are unique to you.

Show us youve done something.

Posted by: Newt75 Mon, 21 Jan 2019 - 14:06
Post #1453710

Yes, I understand, nobody is going to do it for me. At the moment though, all I seem to be doing is rehashing and expanding the Defence statement.

Posted by: nosferatu1001 Mon, 21 Jan 2019 - 14:24
Post #1453714

Given a WS is fact, and a Defence is Argument, if youre repeating yourself then youre doing it wrong!

Defence Example: Insufficient signage to convey a contract
Witness Statement: A site inspection showed no signs at all visible from the positon the vehicle was parked on the day in question. See exhibits INITIALS/002 - photographs of the car park rfrom the position of the vehicle.

Posted by: Newt75 Mon, 21 Jan 2019 - 14:57
Post #1453722

I'm clearly doing it wrong then.

The fact we're defending the claim is because we never received the initial notices which NCP claim to have sent. It's not up until receiving their Witness Statement that we saw any evidence to support the claim. Their Witness Statement uses the fact that all correspondence has been to and from the same address, and as such there is no reason why we would not have received the initial documents.

Posted by: nosferatu1001 Mon, 21 Jan 2019 - 15:27
Post #1453736

Do you understand the difference between argument and fact?

Arguent: the defendant is not liable because no "Notice to Keeper" was served, as required to enable keeper liabilty as per POFA2012...

Fact: no Notice to keeper was received by me or any member of my household. The first communication from NCP was on...

Posted by: Newt75 Mon, 21 Jan 2019 - 15:52
Post #1453746

Ok, I'm sorry, I can understand you're frustrated with me here, probably no more than I am and half wondering whether or not to throw the towel in.

As it stands, we've Never received anything from NCP, only TDR and Gladstones.

I've been reading through some of the threads relating to WS and Johnersh says to tell it like a story. I've already formatted up the first legal bits and the like, I just need to know if I'm heading down the right road with the following type of thing:

I was first made aware of the incident with National Car Parks (NCP) when I received a letter from Trace Debt Recovery (TDR) Demanding £160 for outstanding payment (*1). This was dated 13th September 2017, nearly 2 months after the alleged PCN and contained no details of the charge, rather referring to their Client National Car Parks stating they themselves had already contacted myself requesting payment.

As I had received nothing from NCP at this point I contacted Trace Debt Recovery via phone and explained this was the first I had heard of anything. I was told to put this in writing, which I duly did (*2), pointing out the lack of correspondence.

A further letter was received from TDR in response to this dated 10th April 2017 (*3). In this they offered to reinstate the full PCN amount of £100 “in the light of the fact you state you had not received the original notice”.

I was also informed in this letter that my “next opportunity to appeal is in the county court”. In my mind this left me no opportunity to defend the claim and felt that I was expected to pay an unsubstantiated demand.

----

I know it needs to be numbered and formatted, I intend to do that after I've completed it.

Posted by: nosferatu1001 Mon, 21 Jan 2019 - 16:29
Post #1453767

It isnt frustration, its to make sure that you know why you wont be repeating the defence exactly - because the defence will have said you cant be liable as keepr because no documents were served as required under... and the witness statement will state that no documents were received within the period required...

So set it out like that - as a timeline of events.
You also need to start with the day in question - was the car parked there or not, for the lenght of time alleged etc.

Posted by: Newt75 Mon, 21 Jan 2019 - 19:25
Post #1453860

I throw myself at your mercy, and promise I am listening and reading. So far I have:


I am the defendant in the claim and do not deny that my vehicle EX56 PMV was parked at the location in question and at the time and date in question.

I live in ******, Derbyshire and at the time I was visiting family in Clacton with my young son. I don’t recall the reason why I needed to visit the town center, and this was the first time I had used the car park.

Having parked in the car park I left my son in the car and went to the machine to pay. I did this using my debit card and entered my vehicle registration as required.

I didn’t see any ‘Pay and Display’ notices so thought nothing of not receiving a ticket to place in the vehicle having entered my registration details.

The absence of Pay and Display signs at the entrance can be seen when comparing the photographs submitted by the Claimant in their Witness Statement 2-14 and 3-14 as part of their Site Acceptance Pack. (*)

These pictures were clearly taken at different times and bring into question the validity of the other signage referring to ‘Pay and Display’.

Other signage on the site also states that ‘There is no need to display a ticket’ (*)

A reasonable assumption was therefore made that payment had been made.

I was first made aware of the incident with National Car Parks (NCP) when I received a letter from Trace Debt Recovery (TDR) Demanding £160 for outstanding payment (*1). This was dated 13th September 2017, nearly 2 months after the alleged PCN and contained no details of the charge, rather referring to their Client National Car Parks stating they themselves had already contacted myself requesting payment.

As I had received nothing from NCP at this point I contacted Trace Debt Recovery via phone and explained this was the first I had heard of anything. I was told to put this in writing, which I duly did (*2), pointing out the lack of correspondence.

A further letter was received from TDR in response to this dated 10th April 2017 (*3). In this they offered to reinstate the full PCN amount of £100 “in the light of the fact you state you had not received the original notice”.

I was also informed in this letter that my “next opportunity to appeal is in the county court”. In my mind this left me no opportunity to defend the claim and felt that I was expected to pay an unsubstantiated demand.

A letter was then received from Gladstones Solicitors dated 22nd November 2017 stating that “Due to the absence of payment or a valid appeal” they had been instructed to recover the total amount of £160.

A letter Before Claim (LBC) was then issued by Gladstones dated 9th February 2018. My Husband duly replied to the LBC electronically acknowledging its receipt, again reiterating the fact that as to date their client (NCP) had failed to provide any form of contact (*4)

This reply was acknowledged by Gladstones themselves electronically (*5)

On the 13th March 2018 a further LBC was issued by Gladstones citing a lack of response to their first correspondence.

On the 25th May 2018 a Claim Form was submitted to the County Court. In response to this an official request was made to Gladstones to provide documentation in accordance to the Pre-action Protocol for Debt Claims (*6)

This request was never met and the only correspondence I had received at this time was either a Demand for Payment or notification of Court Proceedings.

The Claimant is stating that the original paperwork was sent and is inferring that it must have been received as all other correspondence has been to and from the same address.
In the same light, I contest that there is no reason I should not have received the original Parking Charge Notice had it been sent, and have no reason to say otherwise having pursued all parties from the outset for copies of them.

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

Formatting and numbering to be added when finished. (*) refers to copies to be attached accordingly.

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