daftinvoice123
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Posts
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I will go with that, thank you everyone.
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Yes, if it's day 33 them i'm all good. Thanks for re-assuring me.
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With the issue date being the 9th of November. I logged in and completed the acknowledgement of service on the 10th and that was received on the 12/11. Am i right in think i should have submitted this already? Or is it 33 days from the 9th? (12th december)
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How would you suggest i complete my defence knowing all the facts from the information? Simply just "No breach of contract so it is denied that the defendaant owes the claimant anything"? or should i add anything else to it at this stage?
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The one of the rear of the car (in a different space that i'm 99% sure has been taken on a different day) shows 12:47. The close up shows 13:54 which was clearly taken before the shoppers went into the store to which the receipt which has a timestamp of 13:59. And you're correct, these images were not included on the NTK.
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"By atlest" as well.. i'm surprised i never noticed that before
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Gladdys have responded. (attached). The only thing i've left out is the NTK which matches the one uploaded. Interestingly, there is more photo's of which the car is somehow in another space than pictured the second time. I'm assuming i'll just use the receipt and go with that there was no breach as previously advised? Thank you 3rd time lucky.pdf
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Thanks ericsbrother, i am in the process of contacting lidl direct in different ways to get this matter dropped but i'm just getting the usual copy and paste responses with no human interaction. Based on this information how would file your defence? The images are time stamped but they both say 14:14 and tiny writing in the bottom left
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I’ve managed to find the NTK. the reason for issue is: parking for patrons whilst on the premises only. Interestingly also it’s states period of parking as 12:44:43 to 14:13:48 which is definitely incorrect. NTK attached ntk pdf.pdf
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Thanks for the replies. I've looked everywhere and i'm unable to find the NTK. The signage states "90 minutes stay whilst your remain on the premises", is this not enough for them to say it exists in terms of a contract? As a whole so far the points that can be used in the defense look to be; -The claim is based on a non existent contractual condition so there is no breach to create a debt. (Courtesy of gladstones and their roboclaims) + (in any case - VCS v Ibbotson) -The entrance signage is an invitation to treat and that means i don't have to be bound by the terms offered by individual signs if i don't want to be. -The images on the NTK show the vehicle moving (seconds apart) and not parked. (Taken by someone with a handheld camera/phone) -Potentially EPS do not have planning permission for their cameras and signs on the car park and/or -A shopper from the vehicle has a receipt to prove a purchase at the store at 13:59 and the car was pictured moving at 14:14. (No breach of the terms even if i were bound by them) Would you recommend leaving the last point out due to conflicting/contradicting information and save that?
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Apologies, i can only find those images that i took a while back of the form and not the form itself. I will however turn the house upside down later to try and find it. I think i remember the breach stating "leaving the site" while parked on the NTK.
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Thanks guys, entrance and signs attached. I also took a couple to show how small the signs were as well. From what i can see there isn't any cameras. When i went back yesterday on foot, they still just have a chap there with a phone to take the photo's. I don't know the date as i can't find the NTK letter but i know they sent it about a couple of weeks after. You can see from my photo's of the letter both timestamps of the photo's are done by a person and timestamped 14:14. The address for the store is Lower St, Newcastle-under-Lyme, Newcastle Under Lyme ST5 2RS Had to make another reply to attach the others. Thanks guys, re-uploaded as one PDF. docs1.pdf
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After reading a lot of threads i want to defend this. I've already done the following. pop up on the MCOL website detailed on the claim form. . register as an individual note the long gateway number given then log in . select respond to a claim and select the start AOS box. . then using the details required from the claimform . defend all leave jurisdiction unticked. click thru to the end confirm and exit MCOL. . get a CPR 3114 request running to the solicitors type your name ONLY no need to sign anything. (will be posted to them on monday) Other details: Name of the Claimant ? - Euro parking services limited claimants Solicitors: Gladstone Solicitors Limited Date of issue – 9th Nov 2018 What is the claim for – (to note there is no registration on the letter either) The driver of the vehicle registration (the 'Vehicle') incurred the parking charge(s) on 26/08/2017 for breaching the terms of parking on the land at Lidl & travelodge The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle. AND THE CLAIMANT CLAIMS £160 for Parking Charges / Damages and indemnity costs if applicable, together with interest of £14.25 pursuant to S69 of the County Courts Act 1984 at 8% pa, continuing to Judgement at £0.04 per day. What is the value of the claim? - £174.25 amount claimed, court fee £25.00, legal rep costs £50.00 Total amount £249.25 Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Euro parking services Were you aware the account had been assigned – did you receive a Notice of Assignment? - Not sure what this is? Other things to note: - There is no pay and display at the car park. There is signage which states customer have "x" amount of time to park as a customer. (Going to check the time on the signage and take photo's) - I have receipt of the driver's purchase at the store - Dated 26/08/2017 with a time of 13:59 - The two photo's in the notice to keeper letter both showing the vehicle moving dated 26/08/2017 and time stamped 14:14 - I no longer own the vehicle - I tried contacting lidl but they basically told me to take it up with euro parking services. What's the best line of defence to take? -Check with the council whether they even have the planning permission? -Check the so called "contract" on the signage and use the receipt to counter the "breach"? -Provide the evidence that car was not parked as per the photos? Thanks in advance
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