Parking & Property Management Roboclaim: Deficient particulars.

These Particulars were as a result of a judge deciding that Gladstones had indeed failed to make their initial claim on the N1 form clear enough. The judge instructed Gladstones to replead - but even then the details were incorrect.

 

Roboclaim Repleaded Particulars

IN THE COUNTY COURT AT [INSERT NAME] CLAIM No: xxxxxxx

PARKING AND PROPERTY MANAGEMENT LIMITED
CLAIMANT

AND

[INSERT NAME]
DEFENDANT

PARTICULARS OF CLAIM

THE CONTRACT

1. The Claimant is a Parking Operator managing the land at [Insert location] (”the Land”).

2. The Claimant installed signs (i.e. the 'Contract') on the Land that set out its terms of parking. A copy of the Contract is attached to these Particulars of Claim marked 'Document 1'.

3. The Claimant entered into a Contract with the driver of the vehicle with Registration Number [Insert VRM] (”the Vehicle”). A schedule is set out below;

[Details added here]

4. Through the act of parking as described above, i.e. without paying for parking, pursuant to the Contract, the driver accepted the Claimant’s terms and was issued with a Parking Charge Notice for the sum set out in the Contract ('the Relevant Charge’).

[Editor Note: This paragraph implies no payment was made i.e. a Pay and Display car park. It wasn't Pay and Display as the attached sign in their bundle showed. PPP were "Gladstoned" twice]

5. The driver failed to pay the Relevant Charge within 28 days (’the Relevant Period’) or indeed at all. The Relevant Charge new forms the substantive element of this claim.

6. In addition to the Relevant Charge the Claimant claims £50.00 in general damages as a pre-determined and nominal contribution to its actual losses suffered as a result of the Relevant Charge not being paid within the Relevant Period.

[Editor Note: The main challenge is to the £50 they have added on for "costs" already. Get them to prove that the £50 has been incurred and not just double charging for "legal" service i.e. sending out a template Roboclaim. See ParkingEye v Somerfield at para #419]

7. The Defendant is being pursued as the driver.

[Editor Note: Clarification they failed to meet the requirements of the Protection of Freedoms Act 2012]

CLAIM FOR INTEREST

8. The Claimant claims interest under 8.69 of the County Courts Act 1984 at a rate of 8% from the date of 28 days after the charge until the date of issue of this claim [Insert Date] and continuing at a rate of £0.03 per day until judgment or earlier payment or alternatively at such rate that the Court thinks fit.

CLAIM FOR COSTS

9. The Claimant claims costs on contractual (indemnity) basis, pursuant to CPR 44.5, as the contract contains an expressed indemnity clause permitting them to do so.

AND THE CLAIMANT CLAIMS:
(1) The Relevant Charge as a debt;
(2) Damages for the Defendant’s breach of contract in the sum of £50.00, as set out above;
(3) Statutory interest, as set out above; and
(4) Costs on a contractual (indemnity) basis pursuant to CPR 44.5, together with the fixed fees and costs of issuing.

STATEMENT OF TRUTH

The Claimant believes that the facts stated in these Particulars of Claim are true. I am duly authorised by the Claimant to sign this statement.

Full name:
Signed:

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