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jimbojetset68
Got a PCN the other week.

Here are some details on attached files.

My reply to the PCM LTD

Dear Sir/Madam,

I am challenging your parking charge notice dated 30/10/15 on the following grounds. Please respond to the point that I state.
The said vehicle was stationary in traffic, therefore no breach has occurred.
I look forward to hearing from you.
Yours faithfully,

Then they replied with with another letter attached.
Any ideas on Railway byelaws, and what is ADR all about thanks,

Jimbo

cabbyman
Ignore me. I didn't rad everything!! Sorry!
Albert Ross
It is nice of them to concede that you were not parked and merely dropping off a passenger.
It is also noted within the expansive evidence that they have provided to you, that there is clearly no Signage.

jimbojetset68
QUOTE (Albert Ross @ Fri, 20 Nov 2015 - 21:17) *
It is nice of them to concede that you were not parked and merely dropping off a passenger.
It is also noted within the expansive evidence that they have provided to you, that there is clearly no Signage.



There was signage but not able to read it unless you get out of the car.
The contract bit is only 1cm in height only.

The signage on top of the red oil drum.
Albert Ross
This is the same location and may prove to be useful.

Although it is interesting, do not be intimidaated by that thread, multiple tickets...
emanresu
Signs not clear though IAS have ruled at this site that they are there to be read. So you stop your car and read them - and are immediately caught by the CCTV on the side of the building.

If you want to "tongue in cheek" you could say that you stopped to read the signs, decided not to accept their offer and drove off. You had no intent to create legal relations as the content of the signs was completely unreasonable and the average person would never agree to it.

... or you could ignore.
jimbojetset68
I am looking at my letters NTK letter 1., this came from Northampton, second letter came from PCM LTD directly from Slough.
Any ideas why Northampton?

Jimbo
jimbojetset68
Right, I posted a rejection letter to PCM and got a reply back that was dated within 24 hrs of them receiving the letter rejecting my reason.
I posted a second letter to them challenging their rejection last Wednesday, it got to them mid Thursday morning and signed for.
It was a letter, with lots of requests and why the NTK is not compliant, and requesting an ADR.
I was surprised not to get another speedy reply today, does this mean they are reading the letter this time?

Jimbo
nosferatu1001
Who knows. Could be, or the intern hasn't opened the post. You're presuming any of these companies are sensible rational entities. They're not.
jimbojetset68
Got a letter from PCM rejecting my challenge to them.
nosferatu1001
as expected. I would gnome unless you get court papers or a letter befor action

Alternatively write back, stating that as you have reached the end of their appeals procedure, you require access to ADR that meets schedule 3 of the (ADR regs - Google them!) in which you suggest the ombudsmen service. State that you will not engage with any debt recovery companies under any circumstances, and that refusal of this reasonable request to refer to competent ADR will be raised should they progress this matter to court.
jimbojetset68
QUOTE (nosferatu1001 @ Tue, 8 Dec 2015 - 19:11) *
as expected. I would gnome unless you get court papers or a letter befor action

Alternatively write back, stating that as you have reached the end of their appeals procedure, you require access to ADR that meets schedule 3 of the (ADR regs - Google them!) in which you suggest the ombudsmen service. State that you will not engage with any debt recovery companies under any circumstances, and that refusal of this reasonable request to refer to competent ADR will be raised should they progress this matter to court.

I requested the ADR in my last letter, which this was the reply letter.
emanresu
You'd best then nip this in the bud

QUOTE
Dear PCM

Your rejection is noted and you should also note I have no intention of paying you your fraudulent demand. Please issue a claim outlining your case and we'll let a court decide. Anything other than a claim will be noted and may be sent to Trading Standards as an example of harassment and aggressive/misleading trading practices.

I understand you have engaged Slough Trading Standards to provide you with updated training in this area so you cannot deny knowing the legislation in this area.


If you get anything from a "debt" collector or more nonsense, then complain to Slough TS
jimbojetset68
Thank you both for the last replies.

Do you have a separate topic for this petition?
https://petition.parliament.uk/petitions/111925
jimbojetset68
Another update, Slough Trading Standards have said they will be in contact with me shortly.
Waiting on the Slough Observer News paper for their reply.
jimbojetset68
Right after a few weeks of silence over Christmas.
I have a debt recovery letter.

Any thoughts please?

J

bama
standard stuff. powerless 'threats'

no contact from Trading Standards ?
jimbojetset68
Trading standards never replied.
SchoolRunMum
QUOTE (jimbojetset68 @ Thu, 21 Jan 2016 - 17:55) *
Right after a few weeks of silence over Christmas.
I have a debt recovery letter.

Any thoughts please?

J

Google them - to read other forum posts such as on MSE - and search this forum for the company name.

Safe to ignore debt collectors. They have no powers but you'll know that when you search.
bama
QUOTE (jimbojetset68 @ Thu, 21 Jan 2016 - 19:47) *
Trading standards never replied.

so get back on to them
jimbojetset68
Got another letter from DR and they said as I have not paid them, they are referring me back to PCM UK LTD.
Lynnzer
At least it'll keep more waste paper from hitting the recycling skips.
Their ticket is totally non compliant with PoFA anyway so I don't expect them to make much more of this.
Make sure you know why it's non compliant though just in case you need it for any action they take.
nosferatu1001
Parking Cowboy website has a nice bullet list. Or jsut read schedule 4 of POFA yourself, its pretty simple

What did Trading Standards say?
jimbojetset68
QUOTE (nosferatu1001 @ Thu, 18 Feb 2016 - 09:58) *
Parking Cowboy website has a nice bullet list. Or jsut read schedule 4 of POFA yourself, its pretty simple

What did Trading Standards say?



Trading standards said Slough has a parking deep that deals with them.
Not a great deal of help at all.
nosferatu1001
And you explained this was private parking?
jimbojetset68
Hi all,

Just received a Letter Before Claim from Gladstones.
What is my next action on this please?
nosferatu1001
Given we don't know what the LBA says, hard to advise.

Did you review pofa to know what parts they don't comply with? And trading standards?
SchoolRunMum
I would firstly Google 'Letter Before Claim Gladstones' and also just put 'Gladstones' into the forum search here to find other threads. Only read recent ones.

Far better that your research each stage rather than asking for the next step in total isolation, here on this thread alone, thereby missing out on the wealth of information already here last week, the week before etc. And read stuff posted recently on other forums found with an internet search. Don't read anything older than 2016 though, except Parking Prankster blogs where there's loads about Gladstones, well worth a read.
jimbojetset68
Got the County Court Claim.
Said I would defend in full, have till end of month, any help please?
Gan
What are the Particulars of Claim ?

Gladstones never see any documents from the parking company before they issue claims so the Particulars will usually say nothing more specific than unpaid charge, date and time
jimbojetset68
QUOTE (Gan @ Wed, 13 Apr 2016 - 22:23) *
What are the Particulars of Claim ?

Gladstones never see any documents from the parking company before they issue claims so the Particulars will usually say nothing more specific than unpaid charge, date and time
Do you mean on the Claim Form?
If so, just I owe 154.15 for parking services and indemnity costs.

I would attach, but have run out of memory for some reason.
Gan
We've seen that one before

In that case the defence can be some generic bullet points and a statement that it's impossible to file a defence when the Particulars of Claim disclose no cause of action.

You request that the court uses its case management powers to strike out the claim for failing to disclose any cause of action or orders the Claimant to file further and better Particulars and allows you to amend your defence as appropriate
general lee
Gan - can the OP write to Northampton Bulk Centre with the response you suggest, or will he have to wait until the case has been allocated to his local court?
Gan
Send letter to Gladstones requesting Further & Better Particulars with a time limit

If they're not provided include in the defence statement :

The Defendant is unable to file a specific defence because the Particulars of Claim disclose no cause of action. The Defendant has asked the Claimant to provide Further and Better Particulars without success. The Defendant requests that the court uses its case management powers to strike out the claim for failing to disclose any cause of action or orders the Claimant to file further and better Particulars. In the event that these are provided, the Defendant also requests permission and time to amend his defence as appropriate.


general lee
Thank you, Gan
jimbojetset68
QUOTE (Gan @ Thu, 14 Apr 2016 - 08:44) *
Send letter to Gladstones requesting Further & Better Particulars with a time limit

If they're not provided include in the defence statement :

The Defendant is unable to file a specific defence because the Particulars of Claim disclose no cause of action. The Defendant has asked the Claimant to provide Further and Better Particulars without success. The Defendant requests that the court uses its case management powers to strike out the claim for failing to disclose any cause of action or orders the Claimant to file further and better Particulars. In the event that these are provided, the Defendant also requests permission and time to amend his defence as appropriate.



I sent this to Gladstones on the Friday before the bank holiday.
Also to the court as directed, not heard anything yet, except papers from the court asking dates not available, and Gladstones wanting to do paper, not a hearing.
freddy1
and the offer of a paper hearing will be declined , wont it?
nosferatu1001
Of course they want to do papers. Your research on this will show they do this every time.

You MUST state you request a hearing because as a litigant in person, you will be seriously disadvantaged by a papers hearing. And pick your local court.

Gladstones get paid either way, remember.

When you said you sent "this" to the court - did you send the one in post 34? You needed to send the request fro further and better to Gladstones. IF you then didnt receive a response within the deadline, then your DEFENCE includes the line at post 34 - it is a request to the court.

Have you filed your intiial defence now?
jimbojetset68
QUOTE (Gan @ Thu, 14 Apr 2016 - 08:44) *
Send letter to Gladstones requesting Further & Better Particulars with a time limit

If they're not provided include in the defence statement :

The Defendant is unable to file a specific defence because the Particulars of Claim disclose no cause of action. The Defendant has asked the Claimant to provide Further and Better Particulars without success. The Defendant requests that the court uses its case management powers to strike out the claim for failing to disclose any cause of action or orders the Claimant to file further and better Particulars. In the event that these are provided, the Defendant also requests permission and time to amend his defence as appropriate.


Hi Gan,

Done this, heard nothing.
What now?

Thank you.


QUOTE (nosferatu1001 @ Tue, 10 May 2016 - 09:15) *
Of course they want to do papers. Your research on this will show they do this every time.

You MUST state you request a hearing because as a litigant in person, you will be seriously disadvantaged by a papers hearing. And pick your local court.

Gladstones get paid either way, remember.

When you said you sent "this" to the court - did you send the one in post 34? You needed to send the request fro further and better to Gladstones. IF you then didnt receive a response within the deadline, then your DEFENCE includes the line at post 34 - it is a request to the court.

Have you filed your intiial defence now?

Yes I did as post 34, only, as was advised to wait for reply.
Nothing since the court getting it last Tuesday.
nosferatu1001
OK, very confused.

You were told to request Further and Better Particulars of Claim from Gladstones. Did you do so? YES or NO
Did you include a time limit?
Has this time limit now expired?

If you did not receive a response from Gladstones, you were told to add the statement in post 34 to your DEFENCE that you file online
Did you do so? YES or NO

When you say "the court getting it last Tuesday" - be PRECISE in what you mean. What did you send in? Defence? more?

We're not mind readers. Spend the time to state precisely what you sent, when, and to whom.
jimbojetset68
QUOTE (nosferatu1001 @ Tue, 10 May 2016 - 18:25) *
OK, very confused.

You were told to request Further and Better Particulars of Claim from Gladstones. Did you do so? YES or NO
Did you include a time limit?
Has this time limit now expired?

If you did not receive a response from Gladstones, you were told to add the statement in post 34 to your DEFENCE that you file online
Did you do so? YES or NO

When you say "the court getting it last Tuesday" - be PRECISE in what you mean. What did you send in? Defence? more?

We're not mind readers. Spend the time to state precisely what you sent, when, and to whom.


Yes i did request, with a time limit and has expired, with no reply.

Yes I did send statement of post 34 to court.
I sent by post.

I sent the statement to court, Friday before Bank Holiday.
The Defendant is unable to file a specific defence because the Particulars of Claim disclose no cause of action. The Defendant has asked the Claimant to provide Further and Better Particulars without success.
The Defendant requests that the court uses its case management powers to strike out the claim for failing to disclose any cause of action or orders the Claimant to file further and better Particulars. In the event that these are provided, the Defendant also requests permission and time to amend his defence as appropriate.
The court should also be aware that the Claimants case appears to be fatally flawed based on the recent cases in High Wycombe County Court where three PCM cases were heard together for convenience. In case numbers B4GF26K6, B4GF27K3 and B4GF26K2 District Judge Glen found that the signage, which is precisely the same as the instant case, was absolutely prohibitive and did not communicate any offer of parking. It would appear to be a waste of the Court's time to hear a demonstrably flawed case and a vexatious claim.

Also sent to Gladstones, saying it was also sent to Court.
nosferatu1001
You were not asked to send it as a seperate statement to court. Reread post 34 again
It was meant to be part of your defence.
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