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
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)
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