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ESP/Gladstones claim form -164- 166 PLYMOUTH GROVE, MANCHESTER,M13. - **case closed, claimant did not submit paperwork on time.**


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Client: es parking enforcement limited

 

My husband parked the car at 164-166 Plymouth grove M130AF as he was working in the garages opposite..

 

.he had a permit but a couple of times forgot to display it and was told not to worry about it so we ignored all the letters.

 

Now have a letter before claim.

Not sure if I have had a notice to keeper

although in the letter it states the claimant will rely on these documents.

 

I am unsure if I should just pay them.

I actually don't have the energy to fight.

Pregnant with second child

and going through horrid first trimester pregnancy sickness.

 

Edit: also dealing with other financial mess I have got myself into.

Edited by yakky
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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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1 Date of the infringement 11/01/2017

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Don't have one...not sure if they sent or it was binned

 

3 Date received

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?]

 

5 Is there any photographic evidence of the event? not sure

 

6 Have you appealed? {y/n?] post up you appeal]no

Have you had a response? [Y/N?] post it up

 

7 Who is the parking company? es parking enforcement limited

 

8. Where exactly [carpark name and town] 164-166 plymouth grove manchester

 

its not much help..i don't know if i have had any notice to keeper

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Bottom line is he had a valid permit

Trumps not showing it

And i doubt ES owned the land to issue tickets anyway

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Have a look at other threads. You have supremacy of contract so an easy win and is think about a counter claim too. Also inform the owner of the car park as to what they're doing

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks..I've been reading other threads but there is a lot I don't understand. It seems people go to court and defend themselves. I don't think I have the capability to do that. Would it be worth contacting a solicitor?

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Thanks..I've been reading other threads but there is a lot I don't understand. It seems people go to court and defend themselves. I don't think I have the capability to do that. Would it be worth contacting a solicitor?

 

For a parking invoice? No. Talk to us for a bit longer, you'll understand. :)

 

HB

Illegitimi non carborundum

 

 

 

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Can anyone vouch for the [fee-paying website removed] website? Also any chance a moderator could edit my original post?

Edited by honeybee13
Fe-paying website removed.
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Why would you want to use that? Sit tight and we can tell you exactly what to do. Gladstone are a cowboy outfit. But they're easily dealt with

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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my advice is to post up the original ticket and NTK's received and I bet we can find fault with them that will strengthen your side of the case.

 

Do so failry quickly though as we will be recommending that hubby writes to Gladstones (if he is the keeper of the vehicle) to tell them they have no cause for action.

 

this will make them think about their chances of winning,

they prefer to pick on people who just ignore them or say the wrong things.

 

Dont be in a hurry to fall into the second category

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yes,

now you can get on with the task in hand,

it must be done soon or they will think you are one of the 85% of people who dont defend a claim and they then win by default.

 

 

Rebutting their nonsense is often enough to put the brakes on these claims

as they then know it will cost them good money to proceed

and they are likely to lose, costing them even more money

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Okay so thank you everyone for your replies.

 

This is a little messy. Basically my husband got issued a number of parking charges (maybe 2/3) on two different vehicles. I have three letters from ES parking regarding one vehicle. I have had no letter before claim for this vehicle.

 

The vehicle which gladstones have sent a letter before claim for is another and I have absolutely no other letter for that. I am unsure if any of the vehicles had a ticket on the windscreen and I am unsure if they sent any NTK as most of the letters were binned.

 

After a lot of reading all night I understand that because they sent me the ticket on my name I can write to them give his details and start the whole process again?

 

I will share the copy of letter before claim and that is literally the only piece of paper I have regarding this parking charge.

 

http://i68.tinypic.com/e9u8eq.jpg

 

the above is the only letter i have about this parking charge.

 

Is this information correct:

 

2 Not the driver?

- Reset the POPLA clock If you are the Registered Keeper,

but you were NOT the driver at the time of the 'parking event',

 

you have the opportunity to reset the POPLA clock by identifying the driver.

In that case you write to the PPC,

acknowledging the LBA,

and tell them the driver's name and address.

 

The PPC must then send a PCN to the Driver,

who can then go down the appeal route,

 

first to the PPC for a POPLA code,

and then to POPLA where the prospects of success are pretty much 100% if you follow the advice on the threads.

(Note: this is only an option where the vehicle was 'caught on camera' and the PCN was received through the post by the RK.

If the driver got a windscreen ticket,

then s/he has already had their chance to appeal)

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why would you name your hubby as the driver when at the moment they dont have a lawful claim against you?

 

Your list above is wrong as they are nothing to do with the BPA which use POPLA

 

If you want help in these matters you must read a large number of threads about parking in general and then read things like the parking pranksters blog as his comments on cases that got to court tell you how things work out.

 

Now,

you started off with a single point but have spread it to now being 3 parking charges and have been vague about what is tied to the Gladstones letter

 

Start again from the very beginning,

 

what date did the ticket get slapped on your car?

 

where and what time?

( we have a where indicated so tell us about the land that the car was parked on)

 

When did you get a NTK trhough the post?

 

what other correspondence has been received?

 

Gladstones solicitors are the IPC (trade assoc for the parking co's that cant read and write) in a different frock they like to throw their weight around to impress the smaller boys.

 

You have been written to because you are the keeper of the vehicle

but as the IPC dont get their members to stick to the protocols of the POFA 2012

they rarely send out the right paperwork to create a keeper liability

and that is why you dont name the driver at the time

and they have no one to sue (no cause of action against keeper)

 

so ask about how many tickets,

the dates,

the date the NTK were received

what other letters have you had and when.

 

Stick all of the details up here in a date order

so we can make sense of them all

and advise what you say to Gladstones.

 

If you say nothing they will start a civil claim

 

also, having had a look at google

there are no signs at the entrance of this land offereing a contract from ES for parking there.

that means that there is nothing to consider.

 

 

Comment about that should be included in a letter to Gladstones

so when we know the rest we will advise what to write.

 

 

It wont be polite

but please dont edit it

as if you change the tone and meaning they are more likely to think you are likely to settle

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Hi, thanks for your response.

 

I apologise if it has been a little messy to follow.

 

I will start again with the information I have.

 

I have spoken to my husband to get all the information he knows too.

 

My husband parked our car regularly at the above stated address in Manchester as that was his place of work.

neither of us know who the land is owned by

but his old employer gave him a permit to place in his car.

 

Twice he forgot to display the permit and both times he was left a ticket in the windscreen.

He informed his employer and they told him not worry about it and ignore it.

 

This happened with two separate vehicles (I will call them vehicle 1 and vehicle 2)

We did not keep any record of the time or date and we threw away all but three of the parking charge letters.

These three letters are for vehicle 1.

 

Yesterday I was sent a letter before claim for vehicle 2.

As I have stated I literally have no other record for this parking charge apart from the letter before claim.

It is addressed to me as I was the keeper of the vehicles.

We no longer own either vehicle.

 

my husband is being adamant that we call them and tell them we had a permit.

But since we have no proof of this now either as he no longer works there and also because we stupidly ignored everything and binned the parking charge notices I don't think this is a very good idea.

 

He also thinks we should just pay them before they take me to court.

Since I probably don't have enough time and enough information to take a stand against them maybe it's better to just pay them.

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why on earth would you pay them? This is very easily sorted without costing you anything.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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as for the court

its for them to provide the info

so no reason to even think of paying them.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Okay...I'm very grateful for all your responses. Can anyone advise me of what else I should be doing...I'm reading lots of information but I don't feel any wiser!

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ideally no unless it prankster.

 

 

others tend to sprout rubbish sadly

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No. No need. Read around this forum, and wait for more advice. AS i said, its very easily dealt with. Dont be tempted to follow advice from companies that say they can write it off if you pay them. Or websites that say send them 3 letters etc.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Can anybody refer me to any threads specific to replying back to a letter before claim.

I do not know how i can successfully respond to this letter before claim.

 

For the attention of ericsbrother:

 

i read from another thread 'no contract ever formed between ES and defendant so no monies due. In any case no liability as keeper as protocols of the POFA not followed to create one'

 

what does this mean and does this apply in this situation?

 

also this:

 

'In the meanwhile you send Gladdys a CPR 31.14 request

for documents and demand sight of the contract between the landowner and ES that assigns the right to enter into contracts and make civil claims in their own name,

 

a copy of the planning permission for their signage under the Town and Country Planning Act 2007

 

 

and a copy of the original Notice to driver and Notice to keeper along with proof of the dates these were issued.'

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you don't reply

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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