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  1. Sorry if this has been covered. CHAMBERLAIN BUILDINGS. Driver received Claim Form. Claimant EURO etc... Address for documents: GLADSTONES etc... Top right hand page: COUNTY COURT NORTHANTS etc .. This will be defended but firstly who should I respond to, if anybody? Parked for less than 5 minutes outside of bay(no ticket required) Insufficient time to read signage detailing 'contract' Operative had no id or uniform and proceeded to take a couple of pics of vehicle. Unsure who he was initially. Then POC £100 for PCN; £60 Contractual costs and then statutory interest . Grateful for any advice please.
  2. Hi there i have a letter before action from Gladstones Solicitors regarding a PCN, which happened 16th October 2017 outside a sandwich shop, this was the only parking spot available and i was having dizzy spells and needed to eat. When i came out of the sandwich shop and noticed someone taking pics of my vehicle, i approached them to explain the situation but they simply ignored me. The parking restrictions were not clearly displayed. They have given me 30 days to respond from the date of the letter - 15th November 2018 and the 30 days fall on Saturday 15th December 2018. I would really appreciate some advice on this as a matter of urgency. Thanks in advance, Roland
  3. I have received a Letter Before Claim from Gladstones. This is in relation to a windscreen Parking Charge Notice from Euro Parking Services. 1 The date of infringement? 22/4/16 2 Have you yet appealed to the parking company yet? [Y/N?] NO, I HAVE TOTALLY IGNORED SO FAR. if you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide has there been a response? please post it up as well, suitably redacted. [as a PDF- follow the upload guide] If you haven't appealed yet - ,......... have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] YES what date is on it 10/6/16 REC'D 13/6/16 Did the NTK provide photographic evidence? YES 3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] 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? EURO PARKING SERVICES 6. where exactly [Carpark name and town] did you park? HOME BARGAINS, BATHGATE, EH48 2RA The PCN asks me to pay up or to provide them with the name and address of the driver, otherwise they "have the right to recover" from me. I didn't reply, but I wasn't driving.
  4. Hi All Im looking for some advice on this one. Back on 20/12/17 i went to park on a carpark behind some shops previously this was an actual carpark for use of shoppers. As i went into the entrance of carpark i noticed a sign on the wall on right hand side as you enter the carpark so i pulled to the left hand side to read it (The entrance is an ally way between 2 shops as shown in my Picture There is no signs visible until you enter the carpark) It said that the carpark is now for gym use and to check terms and conditions in the carpark I left my car where it was which wasnt actually parked in a designated space the carpark in a space and had a look for the terms and conditions but all i could find was the same signs as id already read. I walked round to the gym entrance but couldnt see any terms and conditions there So i just got in my car and turned around and left i was there for 7 minutes then on 11th jan 2018 i received a parking charge notice which i ignored as i never actually parked in the car park just pulled over to one side of the entrance but the number plate reading system had clocked me as i entered on the 13th feb i received a letter from DRP asking for £160 i contacted DRP and a sent them CPR 31.14 Request I then received another letter from DRP on 26 fen 2018 thanking me for my communication but explaining that i couldnt challenge the charge I ignored that and heard nothing until a few days ago when Gladstones solicitors wrote with a letter before claim dated 4th feb 2019 I understand that they will take it to county court Should i just wait for a county court claim and try defend this or is there another avenue.
  5. The story: For months I had parked in a pay and display car park - £3.50 for all day Last August, they changed the machines and put up new signs stating you had to enter your registration number. (I now realise they had switched to ANPR enforcement) Shortly after, I paid for the parking using their new machines. I followed the instructions, entering the registration in full and pressing OK. However, I now know that if you enter the information quickly, the button presses do not all register because the machine is slow to process each key stroke. To make it worse, once you press"OK" to pay, it clears the screen and shows the charge so it is very easy to miss the fact that some of the digits have not registered. The ticket printed out and I displayed it as instructed. When I received the NTK I checked the ticket (fortunately I am slow to clean the car!) and found that it only showed the last 2 digits of the registration. The first first 5 digits had not registered. I had paid the full fee for a day's parking. I appealed to HX parking with pics of the ticket, saying I had taken all reasonable steps to comply with their T&C's and that I did not know why their machine had not logged my full registration. They rejected the appeal. I appealed again to the IAS: "I contend that the means of recording the stipulated data were at fault and that I have discharged my contractual obligations by all reasonable standards. I have paid for the service of parking in full and on time. The parking company has suffered no loss and this charge of £100 is specious." This too was rejected with a copy of number plate entries for customers preceding my ticket and immediately after my ticket which showed that they had been able to register their full number. I did not pay and have now received the Letter before Claim from Gladstones Solicitors. I intend to contest this as there has been no loss on the part of the operator, I paid in full for a day's parking and the means they provide to allow me to comply with their T&C's is overly sensitive and fails to operate correctly if used in a manner that in itself is not unusual or unexpected (i.e. rapid keystrokes). Data as requested: 1 Date of the infringement 26/07/2018 2 Date on the NTK [this must have been received within 14 days from the 'offence' date]: 31/07/2018 3 Date received 11/08/2018 (returned from holiday on this day so it actual date of delivery is unknown) 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No - is this important? 5 Is there any photographic evidence of the event? ANPR pic of arrival and departure 6 Have you appealed? [Y/N?] post up your appeal] Yes - see below Have you had a response? [Y/N?] post it up Yes - see below 7 Who is the parking company? HX Car Park Management 8. Where exactly [carpark name and town] Fleet House Car Park, Wharf St. South, Leicester, LE1 2AA For either option, does it say which appeals body they operate under. IAS If you have received any other correspondence, please mention it here Letter before Claim (see below)
  6. My son visits a local car park to pick up a manager of a local business adjacent to the car park, takes her to Bookers Cash & Carry and then brings her back to the same car park with the few items she has purchased for the business. The car park backs on to the rear entrance of her business and there is an HX Car Parking notice there which says it is OK to stay for up to 10 mins without a requirement to pay for a ticket. After one of these occasions he received a parking charge notice from HX accompanied by a photo of his car entering the car park on his first vist and another of his car leaving the car park on his second visit, total duration 79 minutes. He was only there for a few mins on the first visit and the same on the second which is within the rules stated. The charge was £120 or pay now for £60. We thought this was a simple ANPR technical error and wrote to HX stating this and advised them to re-examine their photos and find the two missing pictures of him leaving and returning which would be the solution to the issue - no response except for another letter stating that the charge had gone up to £125 (not the £120 stated?). We wrote again with the same explanation with no response except for a further letter from their solicitors (Gladstones) giving one last chance to pay the full charge. Upon research I find that HX, Gladstones and their arbitration service are all part of the same group and operating a cash generating machine. We ignored that letter and have now received a county court claim form inviting him to give a response before being taken to court. Any advice appreciated on how to proceed with this. Do I need to get him a solicitor and if so can I counter-claim for the expense? Is there any way of derailing this procedure before it reaches court?
  7. Firstly thank you in advance for any help I may get from you guys!! Yesterday I received a county court claim form from Gladstones Solicitors Limited on behalf of ES Parking Enforcement Limited and genuinely this is the first I have heard of this matter. It states they are claiming: Amount Claimed: £166.18 Court Fee: £25 Legal Representatives Costs: £50.00 Total Amount: £241.18 I don't know where this has arisen from and cant recall parking where they said I had "breached their terms of parking". The actual wording is: "The Driver of the Vehicle Registration XXX XXXX (the vehicle) Incurred the parking charge(s) on 09/05/2018 for breaching the terms of parking on the land at Seymour Grove Retail Park Manchester. The Defendant was driving the vehicle and/or is the keeper of the vehicle. AND THE CLAIMANT CLAIMS £160 for parking charge(s) / Damages and Indemnity Costs if applicable, together with interest of £6.18 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing to judgement at £0.04 per day." Firstly I am not the registered owner or keeper of this vehicle as the vehicle was my wife's company car and what evidence do they have that I was the driver. I am very stressed out about this as £241.18 is a lot of money to be burdened with just before Christmas and any help would be appreciated as to how I should deal with this. Feels like these cowboys can almost make charges up as they deem fit and then bully people into paying them what can only be deemed a lucrative sum. The claim form is dated the 10th December 2018 and was received on 14th December 2018.
  8. Dear all, I wonder if anyone could help me please. I received a letter from Gladstones Solicitors for a parking charge that was apparently dished out last year (16/04/2017). They recently sent a letter before claim but the letter was not even signed and did not include any evidence of their claim, this being the case I just ignored it thinking they were taking the mick. I have now just received a Claim form from the County court business centre. To be fair it looks like a document someone created on their PC and photocopied... again unsigned by a Kirsty Ann Jenkinson. The form is addressed to the keeper of the vehicle who has never visited the site at any time in their entire life. They are claiming that £248.69 is owed. I think this is ridiculous and feel like I should report them to the Police for attempting to gain funds via deception. Is anyone able to offer any assistance please?? I'm not sure what I should do and I do not want the keeper of the vehicle to be held liable for a charge that is blatantly undue. As far as I am aware, no contract has been made because the keeper has never visited the place where they claim the parking charge was issued. It says "The driver of the vehicle xxxx xxx incurred the parking charge for breaching the terms of parking on the land. The defendant was driving the vehicle and/or is the Keeper of the vehicle. I'm not sure what to do... I would appreciate any assistance that could be offered. Thank you kindly in advance,
  9. 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
  10. On 9.12.17 I parked on Lidl in Newcastle Under Lyme and left the car park for half an hour to find out what we needed for a community event and went back to do the shopping for it. Before I had opened the boot to get the shopping bags out the car park guy appeared, ended up getting really aggressive and slapped a ticket on my windscreen. I wrote to them on 13th December No reply but threatening letter in Feb which I responded to saying that I had written to them in December. The letter complained about the persons intimidating behaviour and offered to pay them £20, as that was all I could afford and that I felt that it was a fair offer for a fine for leaving the car park for 20 minutes. I wasn't over the allowed time and did shop in the store. As my dad is the registered keeper, and he was getting the threatening letters, I did advise that I was the driver and that they did not have permission to contact him again about this. I emailed the letter and sent it special delivery, which does show as delivered. I have also since emailed the letter again asking for a response and have sent copies by first class post since. I am sure this isn't the way I should have done this but I have done it now! I have not heard anything since but today have had a Claim Form from Gladstones Solicitors asking for £168.39 parking, £25 court fee and £50 legal costs. They have clearly had my correspondence as it has come to my address not my dad's this time. Any suggestions what my next step should be as I am not sure what to fill in on the form. Surely Euro Parking Services should have responded to the offer I made, even if they didn't agree to it before passing it to Gladstones? Thanks in advance for any help. Sarah
  11. Thanks in advance for this site and all the posts and advice You are all the reason we have decided to put up a fight. Just for a context.... I have spent the last week reading everything I can possibly fit in to my brain on this subject and I just need some clarification on some points. My family and I were away for 6 weeks (28 Nov 2017- 10 Jan 2018) in New Zealand during that time my husband received a PCN (£60 early repayment) dated 29th Nov 4 days after the alleged incident (25th Nov) from HX Car Park Management Ltd. The PCN was for overstaying a pre paid time that was paid for. Needless to say we didn't see this or the next 'Outstanding Parking Notice' (£100) dated 28 Dec until we returned home on on 10th Jan. He got another letter dated 12th Jan which was a 'Final Demand Notice' (£125). At this point he freaked out completely, as you do, checked his diary and saw that he was not even the driver since he was working 40 miles away that day. I immediately wrote a letter (since he didn't have the time) (dated 19th Jan) telling them that he was not the driver and could provide proof of this if required, gave them a copy of flight ticket to show we were away and so couldn't respond to their letters and asked them to stop sending letters of a threatening nature and posted it recorded delivery. Obviously I did not look at this amazing forum (or indeed any of the other ones we have since come across) first (more fool me). We heard nothing for 2 months and then last week received an LBC from Gladstone Solicitors giving 30 days to cough up the now £160! I have since looked at so many forums and legislation, including the Pre Action Protocol, POFA and have whittled down what I think we need to do now which is draft a letter to Gladstones asking for: 1. an explanation of the cause of action 2. whether they are pursuing the driver or keeper 3. whether they are relying on the provisions of Schedule 4 of POFA 2012 4. what the full details of the claim are (where it is claimed the car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed) 5. a copy of the contract with the landowner under which they assert authority to bring the claim 6. a copy of any alleged contract with the driver 7. a plan showing where any signs were displayed 8. details of the signs displayed (size of sign, size of font, height at which displayed) 9. If they have added anything on to the original charge, what that represents and how it has been calculated. Is this the right thing to do? And may I post a copy of my drafted letter on here for you guys to check it's ok if you wouldn't mind that is? 10. All photographic evidence showing where the car was parked when the (alleged) breach was made. 11. Images of the time displayed on the P&D machine at the material time. 12. Evidence that the time on the machine was correctly synchronised with GMT. 13. Details of the amount that was paid and the length of overstay (as these details were not in the NTK) so NTK does not meet the POFA 2012 on this basis. They haven't stated that they are relying on the POFA in any of their letters and although they seem to have included most of the details required of them in the NTK as per the POFA they haven't been completely concise on all counts and the photos they provided do not have the car parked but is actually in motion on what looks like a main road. My brain is swimming with everything I have read and I can't decide what the next best course of action should be. Your help and comments would be greatly appreciated. Thanks!
  12. My husband received a parking notice in February 2017, after parking on a private road outside the house where he was living. GLADSTONES SOLICITORS were involved. He received 2 notices and as it was a private parking company he ignored them. A few months letter a 3rd latter came suggesting a court case and demanding £400. He filled in the form and returned it saying that whilst he disagreed with it he would pay but could not pay all at once and requested a payment plan. He suggested £100 per month. That was in November, 2017. He heard NOTHING back from them and received no further notices or correspondence. On the 22nd March 2018, at 17.45pm there was a hammering on the front door, my husband answered and noticed a clamp on his car. A guy came into the apartment and told us he was from DCBLtd and was a High Court Enforcer and he was not leaving until we had given him £2318.00 cash/ debit or credit card or goods to that amount. We were shocked as we had no idea what he was talking about. He was very intimidating. I asked for his ID and he showed me a badge and ID I photographed him and the ID. I asked for paperwork. He showed me but then got very aggressive when I tried to take it from him to read it. During this time he let it slip that he was filming us and derided us for not knowing or noticing that he was wearing CCTV. He walked around the apartment writing down our goods onto the back of the paperwork i.e. 2seater white sofa, 3seater white sofa, wood frame mirror etc. All of which would raise pennies at public auction. He snarled at us that he could go into any room, any cupboard, any drawer that he wanted to. He also tried to take the IPAD that belongs to my husbands company. He then informed us that he would call the van, which if it arrived to take away the goods would cost us £1500 extra. We tried to reason with him but he called the van anyway. We panicked and managed to borrow £2300 from my son. We could not afford the van to turn up and take away our belongings and be left with an empty apartment and £4000 debt. We paid him and he left. We looked at the paperwork at last, it was headed "Notice that goods have been removed for storage or sale" There was NO name and NO address on it. There was a CCJ which we checked and is now on my husband’s credit rating. The original debt was now £773.93, There was a compliance stage fee of £90, An enforcement stage fee of £822.00 and A stage sale payment of £630 Plus interest of £2.24 A total of £2318.17 We tried to dispute the payment with my bank, they did not want to know, I have been to CAB who say that as it is no longer a debt and they are unable to help. We have called GLADSTONES SOLICITORS and Northampton Court to get copies of any paperwork. We cannot contact GLADSTONES or the court. We have emailed the court requesting that they remove or put a paid notification on the CCJ. About 30 minutes after the bailiff had left the house, my husband received an email reply, from JULIE who said she was from GLADSTONES Solicitors, acknowledging his request for a payment plan. She wrote saying thanks for the letter dated 18th February 2018 -the date the CCJ went through and that it was no longer their concern. When we requested they send copies of all correspondence they said they were not obliged to send any copies of paperwork or correspondence. Where do we go from here? What can we do to get our sons money back? Please help! Many thanks
  13. Ive received a letter before action from Gladstones re an alleged parking violation on private land there aren't any signs at the entrance barrier stating the land is private and subject to a fine for illegal parking. Although there are some within the car park, these are placed in such a way that tree branches etc obscure them. Is the alleged violation enforceable if there weren't any noticed placed at the barrier entrance to the car park? Thank you.
  14. Hi I received a PCN from a Free! carpark some time ago.. 4 hours free then pay. I received no letters from UKCPM about a fine nor do i know what it was for . . I then get a letter from Gladstones saying Pay £160 else court action. I 'forgot about it'. Next i get a court letter which turned up at my address late , saying £273 to pay with response within 14 days else action will be taken. Ok this one i genuinely did forget about, i emailed them stating the letter was late and i forgot to take action due to work commitments and stress. Next thing i know i have a CCJ on my credit file and a letter from the courts saying they made a judgement. Luckily i had 30 days to pay the £273 and they will lift the CCJ so without haste i paid and the CCJ is now gone. two days ago i receive yet Another! Gladstone solicitors letter on behalf of UKCPM. new reference number so a new claim, this one as before £160 before court action. and again , no letters from UKCPM beforehand. Now, i know this will go to CCJ if i ignore it, but what can I do? the carpark is free for 4 hours ! i used it almost every day for the Gym. the carpark is poorly marked, paint very worn on disabled bays, no phone number to call to extend your stay. you have to display a ticket but half the time the machine was out of order however i still am aware of PCN's being issued for non ticket when the machine is not operational. What shall i do? Many thanks for your help
  15. Evening All, First of all I'd really like to thank you all for viewing my post and secondly I'd very much appreciate any advice you might be able to offer. Location: New Gun Wharf, Gun Makers Lane, London E3 PPM Parking Sign is Attached Letter from Gladstones is also Attached Approx location of my car at the tie is also attached On the 23rd December 2017 I went to visit a friend who lives in a private block of apartments. To enter his block, you first turn off the main road Old Ford Road (which leads onto a small cobbled road (this is Gun Makers Lane which is double yellow lined and leads onto a park), once on this road and about 20 metres in there is another left turn you can make onto a brick paved area which serves as a communal area for the the residents of the apartments . It's worth noting, that this area has retractable bollards to enter, but they are always down for vehicle access. There are always cars here but it is also worth noting that the block has underground parking for residents. (Its all very transparent if you google the location and do street view) I wasn't really long at all, however on my return I discovered a parking ticket from Parking and Property Management Ltd. It was dark and I really didn't bother to look for sign posts which outlined the conditions of parking there. I shoved the ticket down the side of my car door and forgot about it. Almost 7 months later I have received a 'LETTER BEFORE CLAIM' from Gladstones Solicitors, this letter is dated 17th July. Aside from this notice, I do not remember receiving any other correspondence from these people. I have trawled through my car and all my post again just to make sure and cannot find anything nor can I find the actual ticket They are asking for a payment of £160 or they threatening to take legal action. I have had previous experience with UK Parking Control and DRP in the past and have learned to just ignore these types of crooks, but on this occasion I'm not quite so confident given how many people I've seen go to court with PPM and Gladstones. I am a fair driver and generally do not get tickets, and on the occasions I do I pay them if its fair and legit. So guys on this occasion where do you think I stand with contesting the ticket? Really look forward to any advice and thank you all in advance for you help multipage PDF version of docs are now attached without refs PPM Sign, Gladstones Letter, My Location v2.pdf
  16. Hi all, I have untill 24th July to send my defence to county court and serve copies to Gladstones, on entrance to car park there is a sign which states £1 per hour parking, it shows on my pay n display ticket that i paid £5 ( I still have original ticket),which i thought would give me 5 hours parking as needed just over 4 hours to and fro from car park, there are no other signs around car park except next to ticket machine, which shows £1 for 1 hour parking ,£2 for 2 hours parking, £3 for 3 hours parking and £4 for 4 hours parking, then jumps to £6 to park all day, but I didn't need all day parking as I said, just over 4 hours I paid £5,the ticket machine took my £5 but only allocated me 4 hours of parking, no money returned to me either, I didn't realise at that time that machine had only given me 4 hours parking, I returned to car prk to find a pcn had been put on my window for 11 minute overstay of 4 hours, the pcn says it is for breaching the terms of the contract, if I had returned by the 4 hours and paid another £1 it still would of been to the value of £5, to which I had already paid at time of parking any help would be gratefully accepted
  17. My daughter parked in my private parking bay and viewed the visitor permit in the windscreen rather that the permit with the bay number. When we returned she had a parking ticket. I wrote to UK Car Park Management Ltd advising this was an error and that she had my permission to park there me being the resident for that bay and provided photographs of both the visitor and bay number permits. She still received letters requesting payment which rightly or wrongly i told her to ignore as i believed we have the proof that she had permission to park there. She has now received a letter from Gladstones Solicitors stating 'Letter Before Claim' The initial ticket was for £100 which increased to £149 and the latest letter states £160 My daughter has never responded to the letters in respect of this ticket by my advice as i gave her permission to park there. Should i or her respond to the 'Letter Before Claim' or ignore it? Any advice would be gratefully received
  18. Hi, Hope everyone had a good bank holiday. I (and three others!) missed crap signage and got a Contractual Breach Charge from Ethical Parking on my windscreen over the weekend. Just double checking that it is currently still best to do nothing until a notice to keeper arrives (between 28 and 56 days) before I take any action on one of these? Then if it (NTK) arrives on time post photos of it and signage on here for assistance? Just don't want to get it wrong! Thanks!
  19. Hi, Went to a wedding last year? I honestly cannot even remember how long ago it was. There was insufficient parking space at the venue and my vehicle was parked in an empty cash and carry car park just down the road. We did not see any signs/ information informing me this was private property/ charges etc. I have attached a google street-view image of the area in question - the signage is very small and I can confirm on the day - a vehicle was parked in front of the sign - big enough that myself and 4 other members of my family walked straight past it and did not notice it. The vehicle was parked approximately where the silver car is in the image. I received a parking charge notice on return to the vehicle and numerous parking charge notices via mail - I followed advise from a basic google search which advised to ignore. I now realise this was a mistake. Received the following letter through the post today. I have stupidly thrown away all previous correspondence and cannot even remember the date of the incident. Am I outside of the period in which to appeal? What action would you advise? Many thanks in advance
  20. Hi guys and gals. Sorry to post a new thread but I am extremely confused about the Gladstones Letter of claim. Let me explain. My husband is the registered keeper of the vehicle and I am the main driver. We have just received a Letter before claim from Gladstones, however this is the first I have heard of this PCN. On the day in question i know I was the driver because I found a wallet and handed it in to LLOYDSTSB bank as that's where the cards were from inside it. This is probably the reason i got a ticket as i am aware i was slightly late back but not by much. When I returned to my car I had no notice of charge on it. I have rung Gladstones to tell them to direct the claim to me instead of my husband and they refused to speak to me and asked him to email them. He is doing this shortly so that i can try resolve the issue. I am concerned as to what to do now. I don't want a CCJ on my file. what should I do from here.
  21. Hi, I've read a few threads today and found the advice very useful. Just wanted to share my specific case to see what advice can be given. I noticed a CCJ on my credit file through clear score registered at Northampton County Court. Today I rang the court and was advised that it was in relation to a PCN from SIP and Gladstones have taken me to court. The case is regarding 2xPCNs at the start of January 2017 outside of my address in privately rented apartments. On at least 1 of the days in question the ticket machine was out of use (I have a photo showing this - although it probably isn't the greatest as it doesn't clearly show where the machine is just the "NOT IN USE" message). A couple of weeks after these dates I moved from my apartment and didn't receive anything from the claimant regarding the claim or subsequently anything from the court. The first time I realised there was an issue was looking at my credit file and finding the CCJ. The CCJ amount is in excess of £400 (inc court fees etc) which is quite frankly extortionate for 2 days parking. I don't have allocated parking in my tenancy agreement. I would like to remove the CCJ from my credit file and have received the N244 application notice from the county court. Any help and advice would be greatly appreciated before I pay the £255.
  22. Hi all, I been ignoring few letters (stupidly I searched on googles about ignoring private car park parking charge and believed it ) for a parking charge issued on 03/05/17 at location West Gate Plaza West Bromwich, Moor Street, B70 7AD by Parking and Property Management LTD and recently I received Letter before Claim from Gladstones stating I own a debt of £160. First corresponding letter was from Parking and Property Management LTD dated on 07/06/17 and it was already a 'reminder notice letter', however i was not aware and the person who was driving the car at that time are not aware he was charged before this letter was received. The 'so call edvidences images' first picture was taken at 09:02pm and second picture was at 10:14pm, it also stated the they issued the ticket at 10:11pm. However the second picture show the car was turned on with lights on and the driver told me he had a kid in the car at that time and there were some accident, thats why he exceeded the 1 hour maxium time period. The signage for the car park is next to the shop signage above the car and one more signage is nextdoor shop also next to the shop signage on the right hand side. And it was at night time, it wasn't clear enough to read. 2nd letter was from Gladstones as Final reminder letter dated on 17/07/17, asking for £160, stating if I dont pay they are instructed to issue legal proceeding against me in the county court. And the lastest 3rd letter from Gladstones as Letter before Claim with a deadline of 14 days to respond of pay and the letter was dated on 31/07/17, but I was on holiday so I missed their dealine anyway. Stating they act on behalf the claimant and have now been instructed to commence legal action against me to recover the debts i own. But should I response to them now or no? As I feel it might end up bad if I keep ignoring them and I got confused with all those technical wording. I have not contact any of them or reply them so far. Kindly request helps! Thank you. P.S i can't seem to upload any images?
  23. Hi, my car was parked at Walmer street in Manchester and received a PCN for exceeding time limit. I was not the driver and so no ticket was received by myself. A few months later I received a 'Final Reminder' and then a 'Letter before claim'. I tried to get information from SIP as to what and when of the situation but they didn't want to know. Court proceedings began and I filed a defence which I have pasted below. Now on Friday I received the Claimants witness statement for the court date which is next week. The statement is dated 5th March, not sure why it has been delivered so much after. This statement is quite long and I have attached it to this post. Any help with this would be extremely appreciated. The previous advice I was following was quite confident that it wouldn't go to court. I even chose arbitration, but the claimant declined. Thank you Defence: 1. I am the Defendant, and reside at . 2.The Defendant denies any liability whatsoever to the Claimant. 3. A valid ticket was purchased by the driver to cover the*estimated*duration of stay. 4.*If the Claimant is intending to pursue this claim against the Defendant on the basis that the Defendant is the registered keeper then the Claimant has failed to show that the conditions for recovering this charge under Schedule 4 of the Protection of Freedoms Act 2012 have been met. The Defendant disputes that any of the conditions necessary for a claim to be pursued against the keeper of the vehicle have been met. 5.a)*No evidence has been provided to show a valid Notice to Driver was given to the driver in accordance with Paragraph 7, Schedule 4 of the Protection of Freedoms Act 2012. 5.b)*Where a Notice to Driver was given no evidence has been provided to show that a valid Notice to Keeper was served in accordance with Paragraph 8, Schedule 4 of the Protection of Freedoms Act 2012. 5.c)*No evidence has been provided to show that the Creditor has made a valid application for keepers details in accordance with Paragraph 11, Schedule 4 of the Protection of Freedoms Act 2012. 6.*It is believed that the Claimant has no standing to bring this claim. The proper Claimant is the landowner. The claimant has failed to establish their legal right to bring a claim either as the landholder or the agent of the landholder. Strict proof is required that there is a chain of contracts leading from the landowner to SIP PARKING LTD. The Defendant claims that the Claimant does not have the authority to issue charges on this land in their own name and that they have no locus standi to bring this case. 7. If the driver on the date of the event was considered to be a trespasser if not allowed to park there, then only the landowner can pursue a case under the tort of trespass, not this Claimant, and as the Supreme Court in the ParkingEye Ltd v Beavis [2015] UKSC 67, such a matter would be limited to the landowner themselves claiming for a nominal sum. 8.The Claimant might argue that the Supreme Court’s decision in Parking Eye v. Beavis is applicable. The Defendant will argue that the present case meets none of the conditions that the Supreme Court stated were required for a parking notice to be exempt from the well-established principle that penalty charges cannot be recovered. The main difference is that the Supreme Court determined that, in a retail park, there was a public interest in ensuring a turnover of visitors that justified a disincentive to overstay. There is clearly no such interest in a third party attempting to impose its conditions where there is no public interest in ensuring a turnover of visitors. 9.*The Defendant also disputes that the Claimant has incurred £50 solicitor cost and interest. The Particulars of Claim are spectacularly deficient and woefully inadequate to show a cause of action. 10.*The Claimant has not complied with the pre-court protocol. The Particulars of Claim contains no details and fails to establish a cause of action which would enable the Defendant to prepare a specific defence. It just states “parking charges” which does not give any indication of on what basis the claim is brought. There is no information regarding why the charge arose, what the original charge was, what the alleged contract was nor anything which could be considered a fair exchange of information. The defendant therefore asks that the court orders the case to be struck out for want of a detailed course of action and/or for the claim as having no prospect of success. I believe the facts stated in this defence are true. Gladstones - witstat-2.pdf
  24. Hello all. New to this forum, just going to copy and paste the template with my answers. Name of the Claimant: Comprehensive Management Services LTD claimants Solicitors: Gladstones Solicitors Limited Date of issue: 25/09/2017 Date of Acknowledgement - 13/10/2017 Date to file defence - 27/10/2017 Particulars of Claim: 1.The driver of the vehicle registration ... (the 'Vehicle') incurred the parking charge(s) on 04/06/2017 for breaching the terms of parking on the land at QUEEN STREET APARTMENTS 2.The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle. 3.AND THE CLAIMANT CLAIMS £160 for Parking Charges / Damages and indemnity costs if applicable, together with interest of £2.91 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing to Judgment at £0.04 per day. What is the value of the claim? £162.91 + £25 Court fee + £50 Legal representative's costs = £237.91 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 ? Comprehensive Management Services LTD. Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure what "Notice of Assignment" is, I did receive a PCN & a "Letter Before Claim". Full Story - I pay £50 PCM (in addition to rent) to Queen Street Apartments for parking in the car park in question. This is for my can. - As my car had suffered crash damage, and was stationary in the car park, I picked up a rental car (listed in POC) on Saturday 3rd June at 14:46. I have proof of this. It's worth noting that as this was a rental, I was the temporary keeper of the vehicle, but not the owner. - Once arriving at the car park in question with the rental car, I went immediately to the administration office of my building where parking permits are issued. They have previously provided me temporary permits for rental cars in the past, free of charge. - Unfortunately, the office was closed at this time, and as far as I am aware, there is no other way to attain a permit. - As soon as the Queen Street Apartments staff were back in the office on Monday, I immediately obtained the parking permit (it was too late, I already had the parking ticket). I still have the parking permit as proof. - My defence is that I did everything I possibly could have done in order to comply with the regulation, but was unable to do so. As a resident of Queen Street Apartments who pays for a spot in this car park, I was well within my rights for my car to be there - even though a parking permit was not present. I appealed the parking fine with the Independent Appeals Service (using my PCN number), and it was rejected on the basis that they are "only able to look at the lawfulness of the charge and not at any mitigating circumstances". Gladstones Solicitors then sent me a "Letter Before Claim". I responded that I am unwilling to pay on the basis of [what I wrote above]. Now, they sent me the claim form. I would appreciate any advice on how to proceed. While I am happy to fight this (pending your advice), it is a concern that if this goes to court, and I lose, I may have to pay out several thousand pounds in legal fees - at least I read that this is a possibility. I have yet to respond to, or acknowledge, the claim form, although I have until 13/10/2017 to do so. I am not sure if it is worth me defending this, or if I should just pay the money they are requesting?
  25. Hi, the driver parked at Walmer Street car park on 8/4/17 and went over the parking time by 20 mins. After 28 days i received the 'Notice to keeper', which after reading online i ignored and any further correspondence thereafter. Unfortunately it is now being taken to court. My argument was that I did not receive any photo of the parking as i or any other driver of the vehicle couldn't recall parking at the relevant car park. I have a court case on 27th February 2018 and just received the Witness statement from Gladstones Solicitors. I have attached a few of the pages, please can someone advice on what i can do. I do notice from the photos the ticket that was purchased states 'Wilmslow Road' which is acknowledge in the statement but the case mentions 'Walmer Street', can i use this in court as my defence? if there is anything else that i can use so i can prepare before the case. If you need any other information please feel free to ask. Any help will be greatly appreciated. Many Thanks
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