Hello all.

Claimant:District Enforcement Limited

Solicitors :Gladstones Solicitors received

Date of issue – 18 JUL 2018

Date to submit defence = 17th August 2018

What is the claim for – the reason they have issued the claim?

1.The driver of the vehicle registration (The Vehicle) incurred the parking charge(s) on 11/03/2018 for breaching the terms of parking on the land at Lord Mayors Drive.

2.The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle.

AND THE CLAIMANTS CLAIMS

£130 for Parking Charges/Damages and indemnity costs if applicable,

together with interest of £1.68 pursuant to s69 of County Courts Act 1984 at 8% pa,

continuing to Judgment at £0.03 per day."

-

What is the value of the claim? £132.68

Hello and welcome to CAG. People should be along later with advice for you, please bear with us until they can get here.

Thank you for the information. Could you tell us which car park and where it is please? A postcode is always useful.

Have you acknowledged the claim on MCOL?

HB

Where does any of the paperwork say FINE please?

We also need the particular s of claim box typed out verbatim exactly as it is on the claimform minus your car details ofcourse..dont ID yourself!

Hi John, welcome to the Forum.

With your help we will do our best to send those crooks running away with their tails between their legs.

They are not famous for taking people to Court unless they think they have a good chance of winning.

We hope we can disabuse them of such thoughts.

You haven't that much time so could you please complete the following

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

and also post up the Notice to Driver and the Notice to Keeper.

I hope that you are close to where the alleged incident happened as we [and you] will need them to assist in your case.

Parking company's signs frequently contradict each other which is good for the motorist and they are often not in the positions that they aver in their Witness Statement which is also good for you.

If there is a payment machine it may well have different requirements to the notices which is good for you too so please take photos of that as well.

Could you also please check with the Council to see if DEL have applied for planning permission under the Town and Country Act [ Advertising] -if they haven't their notices are illegal as opposed to unlawful.

You will need to send their tame monkeys Gladstones the following letter

-if they don't respond and they often cannot be bothered, it helps you win your case yet again.

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim)(1-Viewing)-nbsp

Thank you for your prompt reply!

The car was parked at Lord Mayors Drive Car Park, Burnham Beeches, Slough. Approx post code is SL2 3PS

The claim has NOT been acknowledged on MCOL

Thanks again!

Where does any of the paperwork say FINE please?

 

We also need the particular s of claim box typed out verbatim exactly as it is on the claimform minus your car details ofcourse..dont ID yourself!

Thank you for your reply dx100uk!

The Claim Form does not refer to the word "Fine" anywhere, only "Parking Charge"

*** Particulars of Claim in exact words***

"The driver of the vehicle registration (The Vehicle) incurred the parking charge(s) on 11/03/2018 for breaching the terms of parking on the land at Lord Mayors Drive. The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle. AND THE CLAIMANTS CLAIMS £130 for Parking Charges/Damages and indemnity costs if applicable, together with interest of £1.68 pursuant to s69 of County Courts Act 1984 at 8% pa, continuing to Judgment at £0.03 per day."

Thanks again!

claimant is not gladstones

who is the claimant please

Thank you for your reply Lookinforinfo!

I would love to see them running away with their tails between their legs!

Of all the unlawful "penalties" I have received, this is the only one where I have ever received a Claim Form for.

Please see info below as requested:

For a windscreen ticket (Notice To Driver) please answer the following questions....

1 The date of infringement? 11/03/18

2 Have you yet appealed to the parking company yet? [N]

If you haven't appealed yet - ,.........

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]

what date is on it

Did the NTK provide photographic evidence? Not that we can recall.

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

5 Who is the parking company? Direct Enforcement Limited

6. where exactly [Carpark name and town] did you park? Lord Mayors Drive Car Park, Burnham Beeches, Slough. Approx post code is SL2 3PS

I will look into the Planning Permission under the Town and County Act and let you know ASAP. In the meantime, should I hold fire on sending the CPR 31.14 Request letter until I can confirm the planning permission has or has not been given?

Thanks again!

got it now don't worry

post 1 was a mess ive tidied it...

defence filing date is by 4pm 17th Aug

post 1 adapted

pop up on the MCOL website detailed on the claimform.

.

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 31:14 request running to the solicitors TODAY

.

type your name ONLY

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

this is the CPR 31:14 you need to send:

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim)

above post updated now

read it again

are you saying this was a windscreen ticket?

have you got it?

did you receive any other letters before the claimform?

or have you moved since the tickets date?

claimant is not gladstones

who is the claimant please

Sorry,

Claimant is District Enforcement Limited

post 11 please

 

 

I will look into the Planning Permission under the Town and County Act and let you know ASAP. In the meantime, should I hold fire on sending the CPR 31.14 Request letter until I can confirm the planning permission has or has not been given?

 

!

No don't wait

-they tend not to answer anyway [they don't need to comply with any Laws-they are lawyers to the Gods!]

but the longer you give them,

gives them no chance to tell the Judge that they received the questions too late.

reason they don't provide the answers is partly because they are too lazy,

partly because DEL will not have all the items you requested

and partly because Gladstones get paid by DEL whether you win or lose.

IT is that kind of attitude that weighs the scales in your favour.

By the way

you didn't say the date of the NTK and the date you received it though it sounds as if you haven't kept it.

This would be a pity as it is often on the NTK and the NTD that they lose their case.

They haven't helped themselves by not deciding if they should sue you as the driver or the keeper-they cannot sue you as both.

For example if they didn't mention POFA on their NTK they cannot sue you as keeper and as they do not know the name and address of the driver they cannot sue him or her either.

Just note that whenever corresponding with DEL or Gladrags be careful if you were the driver not to reveal it by saying things like "I parked or I left".

Instead say the driver parked or the driver left.

Tell us about the event itself,

when was your car parked there,

did they slap a ticket on the car

or send one through the post with some pictures

and the DATES of any correspondence you received

and whether you still have that.

If you do then we would like to read it.

Also,

is the place of the event near to you?

If so we would like to see the signage that offers a contract for parking

and equally importantly we want to see the entrance to the private land from the public highway.

This is because if there is no signage at the entrance then the parking co cant honestly say that you can be expected to have seen it

and considered the wording

and accepted the terms if there isnt a sign to read before you park.

If you consider the actual claim,

that is so brief and lacking in any detail

it isnt a proper description of a claim as required by the protocols of the courts procedures.

This itself is somehting to mention.

They say you are the keeper/driver but they only have a contract with one of those, not both and they cant assume that they are one and the same.

Also they say it is for breach of contract so their signage must match that in its content.

The alternative is they offered to a contract for a consideration and that is different to what they are claiming so lets see the signs please.

( we think that the sigange will be defective by saying something like "authorised vehicles only " and that aint an offer for the public to park)