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Mark 2019

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  1. I feel i should be saying more on the signage but is that more for any court appearance? In some threads its referenced in others not but does point 3 essentially cover that? Thanks
  2. Still struggling to come up with anything 2 or 3 lines and havent found a thread with anything that brief. Seen plenty where people have like me given too much....... So how about this - the site team seemed to be happy with something similar on another thread I will keep looking in the interim though for something more succinct 1. The Defendant was the registered keeper of the vehicle registration number XXXXXXX on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. 2. It is denied that any 'parking charges’ are owed and any debt is denied in its entirety because no keeper liability so no cause for action against the defendant. The claimant has failed to show locus standi so the defendant does not believe they have a right to bring an action against anyone. 3. Accordingly, it is denied that the driver breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct as no enforceable contract offered at the time by claimant so no cause for action can have arisen. 4. The Claimant also stated in the Particulars of Claim that ‘the driver of the Vehicle agreed to pay the parking charge within 28 days of issue yet failed to do so’. However, the claimant has failed to provide evidence of that agreement. 5. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.
  3. Okay - having read dozens and dozens of threads this is what I have so far and just trying to keep the response to the Particulars of Claim so nothing about the circumstances or issues such as Gladstone/IPC relationship, potential GDPR breach by Camera operative etc which I presume will more crucial when I get to court? I am the defendant in this matter and deny liability for the entirety of the claim. The particulars of the Claim disclose no cause of action against the Defendant on the following grounds: 1. The claimant HX Car Park Management Limited (HX) is not the land owner and strict proof is required that HX contract with the land owner includes the right to take legal action. 2. The claimant failed to display clear signs within the site that were capable of being read and/or form a contract as drivers can enter the area without seeing the sign due the lack of any signage at the entrance of the site. The signs and terms within the area are impossible to read from inside the car and would require the motorist to leave the vehicle putting them in immediate breach of said terms. (i)The signs may also have been obstructed by cages from the retailer and therefore not visible around the area in question. Thus, the necessary elements of offer and acceptance to form a contract were not present. (ii) The signage failed to meet the Independent Parking Committee (IPC) code of practice (Schedule 1). Therefore, no contract has been formed with the driver. (iii) The signage in the car park is of a “forbidding” nature. There is no offer of parking or even stopping and so to claim that a contract exists is nonsense. 3. The Claimants own evidence shows that the vehicle was present for just 5 minutes. The IPC Code of Conduct states “drivers should be allowed a sufficient amount of time to park and read any signs so they may make an informed decision as to whether or not to remain on the site.” I don’t believe there has ever been a successful claim against a driver for a period of less than 10 minutes. By pursuing this they are again in breach of the code. I plan on filing my response this evening so does this seem an appropriate response?
  4. I think I have a huge dossier of evidence its just a case of knowing what to do when and I have already a draft of a full defence based on another claim I found on here that was defeated in the Bradford Court last year. I received my initial letter in March from Gladstones which I responded to via their website as requested and hit them with a Subject Access request. They responded and then I heard nothing from March until I returned from holiday early August (2 weeks ago) at which and the claim arrived 2 days after I went on holiday in July. I though they had given up. If anything I am just a bit ahead of myself as was thinking I had to send my full defence in as Ive seen on other pages. Thanks for all the help and guidance
  5. I have a lot of photos of the site, including cages blocking signage both today and 6 months ago. Also entrance where no sign. Hatched areas stating no parking and also double yellow lines - areas which I did not park on as seen in their own evidence. NTK Page 1 & 2 Signage on site. docs1 (1).pdf
  6. okay will sort of full PDF file and post this evening once I have the close up of the signage. Thanks
  7. It does. Ive attached original NTK and photos I took of the signage from a drivers perspective which is impossible to read unless you get out walk up and read it which immediately puts you in breach. I will go down today and get a close up photo of the sign. Ive also posted photo of the view I would have when bringing car to a halt "parked" at which point I am tending to my son.
  8. OK this is what happened i.e. my defence...... On the date in question I was travelling to Haliax with my two children. My youngest was sat in the back seat. As we were approaching Salterhebble my youngest son suffered a heavy nose bleed. At the time there were very major roadworks taking place. When my son started to panic I realised there was no safe place to pull over on the carriageway due to the roadworks without adding to an already chaotic traffic problem. I noticed the shell garage forecourt which shared an enterance to the McDonalds and saw this as a safe place to pull over and attend to my distressed son. There were no sign on entrance to the area that would suggest any parking restrictions and I certainly didnt see any other signage as I was concentrting on where there is a safe place to bring my vehicle to a halt. What was visible in the area though were some double yellow lines round part of the perimeter and a yellow hatched area. I interpreted these as no parking/stopping areas and pulled over to a safe place away from these as evidenced by their own photographs. My priority now was attending to my son. The vehicle whilst stationary was parked with engine running. It took around 5 minutes to stop the bleed, tidy him up at which point we continued our journey. The claimants own evidence shows I was there for only 5 minutes. On returning to the site to inspect following the claim I can confirm their is no sign on entrance suggesting any parking restrictions. Whilst there were a series of signs dotted around the perimeter, to read the terms of these signs you would have to park, get out of the vehicle and read it, which would immediately put you in breach of the said terms (entrapment?). I also noticed that their are no cameras which leads me to believe the images were taken by a individual with a hand held camera.
  9. Name of the Claimant HX Car Park Management LTD claimants Solicitors: Gladstones Solicitors LTD Date of issue – 23rd July 2019 What is the claim for?– The Driver of the vehicle with Registration xxxxxxx (the 'vehicle') parked in breach of the terms of parking stipulated on the signage (the 'contract') at site 1085 Salterhebble Halifax HX3 0QE on 11/11/2018 thus incurring the parking charge (the 'PCN'). The driver of the vehicle agreed to pay the PCN within 28 days of issue yet failed to do so. The claimant claims the unpaid PCN from the defendant as the driver/keeper of the vehicle. Despite demands being made, the defendant has failed to settle their outstanding liability. THE CLAIMANT CLAIMS £100 for the PCN, £60 contractual costs pursuant to the contract and PCN terms and conditions, together with statutory interest of £7.79 pursuant to s69 of the County Courts Act 1984 at 8% per annum, contunuing at £0.04 per day What is the value of the claim? £242.79 (£167.79 claim, £25 Court fee, £50 Legal Representatives Costs) 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 ? PPC Were you aware the account had been assigned – did you receive a Notice of Assignment? NO/Not sure what this means -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
  10. Ok after nearly 5 months of silence from them I have just come back from holiday to a County Court Claim Form: I only had 1 day to respond in the 14 day period so Ive acknowledged for now to get me an extra 2 weeks. The particulars of claim are essentially very brief basically saying I breached terms of parking stipulated on signage thus incurring the parking charge and that I agreed to pay the PCN within 28 days of issue but failed to do so. Given their claim is brief is my defence at this stage equally brief or am I expected to submit a whole bundle of evidence and lengthy statements as others have done previously or is that for when I appear in court? TIA
  11. The letter I have is now from Gladstones. I technically didnt appeal and in my note to them I just said "the driver" in expaining the circumstances and why I did not recognise this "invoice". I completed it on their website so I dont have a copy of what I said. I have however just done an SAR so should get everything I completed back.
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