Hi all,

Hoping you can help,

I received a ticket on my vehicle for staying longer than I should

however the NTK which I received stated I had the wrong ticket displayed

(I had another parking ticket displayed in the window on the other side of the car)

I presume the attendant saw that one and wrote up the charge.

I followed advice to ignore the spam letters coming through the post

I believe what I was ignoring related to a fine from over 4 years ago

(these letters didn't state as to what fine it was just an outstanding payment that was owed to DCBL)

therefore I assumed it related to my recent fine this year and as such ignored them.

Unfortunately I have now received the following letter from Gladstones and quite frankly Im working myself up into a bit of a panic now!

I have attached the letter, If someone could kindly advise on this it would be greatly appreciated!

letter of claim gladdys.pdf

and their client is?

who issued the ticket

its NOT A FINE

stop using that word

its a speculative invoice

SIP Parking, I removed that from the image as I hear they roam these forums!

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

doesn't matter if they read these forums

can you fill this out please

1 The date of infringement? 23/03/2016

2 Did you appeal to the parking company?

If yes, has there been any response?

If no, have you received a Notice To Keeper? (NTK) Did the NTK provide photographic evidence?

Did not appeal, received NTK no photographic evidence.

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA)

No

4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

5 Who is the parking company? SIP Parking Limited

Also on the NTK there is no offer for a discount if paid before a certain date,

I did read that this must be included on a NTK?

Thanks

can you post up the NTK with your personal details omitted but the dates and place it relates to left in so we can pick holes in it.

Generally the parking co's get the letter wrong so it doesnt create a keeper liability but they will still carry on badgering you but wont try their luck at court as they know they will automatically lose a defended claim as they have no cause for action.

Your advice is much appreciated.

NTK.pdf

well,

they are obliged to offer a discount period but the written law on this is a little vague when applying it to NTK's after a screen ticket but Hansard does mention it so that is the law.

Same applies to the appeals time

so in short the NTK is not compliant but typical of the IPC scheme, which is a Kangaroo court.

Now next question is on the sigange at the site you were parked

was there a specific clause saying that you could be in breach of the conditions for displaying the wrong ticket?

If not how can there be a breach?

The sign that displays these terms must be at the entrance to the private land,

not some randomly placed sign

We cant tell where the event was because you have blanked that out

so tell us where the car park was and if more than one entrance which one you used from the public highway.

once we have this we can suggest the best form of words to Gladdys.

That NTK makes no reference to Protection of Freedoms Act 2012, or that they have obtained the keeper's details from DVLA under whatever that legislation is. Does this mean it is non-compliant as an NTK?

being IPC members they dont think the law applies to them as Gladstones/IPC/IAS always tell them that they can assume the driver and keeper are the same person. The POFA again, doesnt specifically say that you have to say that a keeper laibility may be created under that legislation, so wording is again vague but intention clear

Hi all please see the attached photos, unfortunately I have now realised I'm two days out of the 14 days response period to Gladstones. Personal issues of recent have diverted my attention.

I am determined to beat these guys; I trust a letter of defence is the next course of action?

signs.pdf

I guess it depends on the interpretation of the term "valid" pay and display ticket!

I think they would struggle getting the "additional charges per 24 hour period" through the court, as that goes against the judgment in the Beavis case

- the fact that Parking Eye didn't incur any additional costs for someone overstaying for much longer means they couldn't charge more, or that would have been a penalty.

They didn't, which was one of the reasons why they won.

Be interesting to know an expert's view on whether Simpleton Parking would be able to get away with that one (but that probably doesn't apply to your defence).

their signage is not a contract but an "invitation to treat" and you cannot be held to it as a unilateral would contract bind you.

tell them that. just to create a paper trail and show that you arent ignoring them completely

dont say anything else though, you dont want to enter into an argument on how long is a piece of string

Would you recommend I address that to Gladdys even though I had to respond within 14 days, that would be a very short letter!

Who said you had to respond in 14 days? Ignore their timelines and follow erics advice. Short letter or not, he knows EXACTLY what he's doing.

Thanks eric appreciate your advice, how exactly would you suggest I word such a letter as I am not so familiar with drafting legal responses.

theres that word again - legal.

THEY ARE NOTHING OF THE SORT

a DCA is NOT A BAILIFF

they have NO SUCH LEGAL POWERS

you or I have MORE.

their 'solicitors' are merely a different letterhead in the same printer!!

we call them fake/tame sols

send that short letter saying no contract offered as signage isnt a contract

but an invitation to treat so no monies due to your client to Gladdys and leave it at that.

Gladstones are the IPC in a different frock so there is naked self interest

and possible criminality about this rash of claims they are issuing

but this short letter may well be enough to persuade the parking co it isnt worth spending hundreds of pounds just to be humiliated in public.

Thanks ericsbrother I've sent the letter today as advised,

I imagine I'm going to get a court letter back as they expected a response within 14 days?

tough you call the shots not some powerless sols.

it wont do them any good, just cost their client money for nothing. They havent sent a proper lba so they know that a complaint could be made and then they will be liable for a full costs recovery order if they do progress the matter.

Afternoon all, unfortunately, the letter I did send to Gladstones proved unsuccessful.

I have now received court papers, please can you advise on what I should do now regarding defending the claim?

Your help is much appreciated!

please fill this out

http://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***(3-Viewing)-nbsp

thank you

dx

can we also have the details of where and when you parked

Date of issue – 12 September 2016

What is the claim for – Total due £150

AND THE CLAIMANT CLAIMS

The claimant claims the sum of £154.44 for Parking charges and indemnity costs if applicable including £4.44 interest pursuant to S.69 of the County Courts Act 1984 Rate 8.00% pa from dates above to 05/09/16

Same rate to Judgment or (sooner) payment

Daily rate to Judgment £0.03

Total debt and interest £154.44

What is the value of the claim? £154.44

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim ? SIP Parking

Were you aware the account had been assigned – did you receive a Notice of Assignment?

No,

I recieved a windscreen ticket,

notice to keeper, and

then a letter before claim (attached in previous post)

Location was Clippers Quay in Salford

go ack the claim on MCOL website

defend all

leave jurisdiction unticked

get our parking CPR 31:14 running to gladdy's