Euro Parking Services Ltd - Tesco Metro Jewellery Quarter, Birmingham - Gladstones letter

[Gobrum]

after reading around this forum a while, I realise I may've messed up. But still seek a little advice...

 

A bit of history:

 

Parked a family members car incorrectly in a car park,

whilst I ran to buy something.

Literally 2 minutes, maybe 1.5, but when I got back there was a guy taking a pic of the car.

 

By incorrect parking,

it's a small car and a small car park and I found a spot which wasn't a defined car space (no painted lines),

but was just a little space on the side.

Not blocking anyone or anything.

No yellow box or double lines or anything either

 

The keeper received a letter a few weeks later from Euro Parking Services Ltd.

Didn't read it and threw it away.

Keeper then received another letter few weeks later. Again, ignored it

 

Today I find out a 'Letter before Claim' has been sent, from Gladstones.

Stating to commence legal action on behalf of claimant.

 

 

They state 2 options:

 

1. Pay £150 in 14 days

 

2. provide your full account of the circumstances that have led to the charges being imposed

and should include confirmation as to who the driver of the vehicle were at the time of each incident

 

I don't have the original letters and don't know what they stated.

Pretty sure there was a picture of the car in one of e letters.

 

To make it worse, the "incident" happened a long way away from where I live and so I can't easily drive there to see what the signage looks like.

It was the Tesco Metro in Jewellery Quarter, Birmingham. If anyone knows it!

 

So, what do you professionals recommend??

 

Appreciate I may be screwed.

But willing to fight this a little while if you think there's a chance

[ericsbrother]

Well who is the keeper of the vehicle,

you say family member so do they live at the same address as you?

 

NEVER EVER tell these agents of the devil who was driving

nor explain the incident at this late stage

because currently their client doesnt have a claim

and they are hoping you will provide them with the wearwithall to make one.

 

This is a threat of future action and not a promise, they want to test the waters.

 

A short response to this begging letter from Gladys should simply state

"no keeper liability has been created so inform your client they have no basis to make a claim against that entity."

 

The keeper must send this,

doesnt matter if they sign it as long as they dont add anything to it.

 

If a letter is not sent they will assume that you are not going to respond to a court claim and so will win by a total lack of action.

That is why they have bumped the money asked for up to £150 from probably £60.

 

 

This one line letter will let them know they are not being ignored totally,

just that you havent thought it worth responding to the previous rubbish.

 

Euro are pretty rubbish at their job and are likely to back down once they realise that no-one is going to pay them without a squeak.

 

 

I bet their NTK isnt POFA compliant,

their signage will be rubbish

and they probably dont have a contract with the landowner anyway,

 

 

they tend to keep their signs in place long after their contract has not been renewed

 

Likewise,

I bet the signs doesnt have a bit where it says specifically that you dont park where the car was as that would be prohibition and not a breach of contract so they lose anyway

[Gobrum]

erisbrother, hi, and thanks for super fast reply

 

Just checked on Google Maps and there's some signage, although a bit vague. I was a patron of the shops there.

 

It's Frederick Street, Birmingham. There's a roundabout at the north end, with a handful of shops on one side (Tesco Metro, Greggs, Subway). I parked outside the Greggs

 

Thanks again, I'll draft the reply as you mention. And will keep the thread updated

 

Oh and Hopefully a Christmas donation, too

[ericsbrother]

It doesnt mattter who was driving, y

ou have to understand only the KEEPER of the vehicle is now involved in this

and no-one else may respond.

 

OK

Ive looked at the signs and they are usual Euro rubbish.

 

 

In short they dont meet the standards of the BPA CoP and are not an offer of a contract but at best an "invitation to treat" as they dont have any conditions on them that form a contract

 

 

but refer to other signs that cannot be seen ( and dont count anyway)

the sign says parking for customers only and no mention of parking badly or what happens if you arent a customer

( that is trespass and nowt to do with them).

 

 

In short, there are 3 very good reasons why this claim is a lemon

and if they write again it may be prudent to hint at them rather then tell them outright

 

 

because they will then know what you know

and tell lies to try and get round those inconvenient truths.

[Gobrum]

Hello

 

I attach the letter received. In case there's any pertinent info I've missed

 

Based on the letter, and having seen the signage/location, do you think the keeper should add more info (re signage for example), to pre-empt a reply?

 

Or should the keeper reply simply:

 

No keeper liability has been created so inform your client they have no basis to make a claim against that entity

Edited November 22, 2016 by honeybee13

[honeybee13]

You've left your car reg on the letter attached, it would be good if you could hide that please.

 

HB

[Gobrum]

Reattached

Letter002.pdf

[ericsbrother]

Already said twice, do not go into any detail so just the one liner. They arent going to take any notice of what you say, they are greedy and pig headed and rely on these threats to make a living. Do not help them do their job in screwing you or your relatives.

[Gobrum]

ok, will do

[ericsbrother]

Be aware, this will probably not stop then making a claim as they are the IPC in another dress and they want to look big to persuade their members they have made the right choice in joining their trade association instead of the one that follows the law properly. There is more than a whiff of unlawfulness about how they do things but that has been said on other posts and other places. Ultimately, whatever is said in a letter wont make them happy but if they do continue you do have very compelling reasons as to why you will defeat this claim. It is now a matter of how trusting your relative is that what we say here is to be believed when they are under pressure. Some people just cave in, others ignore it all and get a CCJ. That is what these leches are banking on, a defended claim will not be lost in this case but it is a right pain to have to go through it all.

[Gobrum]

by 'making a claim', do you mean take this to court?

 

Does the keeper have to go to court?

 

Would be good to know what you think will happen next..

[ericsbrother]

for the 4th time only the keeper is involved, no-one else has a say in any of this. You are not the keeper so you cannot write to them, this advice here is for you to pass on to the keeper. you can name yourself as the driver at the time if you wish and then stand an much increased chance of losing because at the moment they have done nothing right procedurally to create a keeper liability but they dont need to do that if they know who was driving.

 

making a claim? yes, court claim of course. well, of course the keeper would have to go to court because they are the only name the parking co has so they cant sue everyone in the world and hope someone owns up.

 

What will hapen next? If the simple one line denial is sent they will probably make a noise and misquote some case law and say that they are gagging for instructions from their client to start a fight but the reality is that they know their clients claim is very thin and if they think a court claim will be defended they will lose a few hundred quid for their troubles so probably silence for a while and then more threatening letters.

 

In short, no-one can say for sure but dong nothing or saying the wrong thing invites trouble so tell the keeper to send this one line letter and then post up the response.

 

While you are at it take some screen shots of the crappy sign outside Greggs on Frederick St to use as evidence should you need it, they may well try and use a picture of a different place to make it look like their signage is as it should be (old trick used by parking co's)

 

Keep all letters safe for at least 2 years.

Edited November 22, 2016 by honeybee13
Paras.

[Gobrum]

OK, got it

 

how would/should they have created a keeper liability?

 

Letter in the post...(recorded delivery!)

[ericsbrother]

no point explaining if you cant be bothered to read up on this matter for yourself. Lets keep it simple and you just let us know what happens and we will tell you what to do next

[Gobrum]

easy now, brother. don't get your knickers in a twist

[BazzaS]

easy now, brother. don't get your knickers in a twist

 

Way to go!

That sort of response will no doubt inspire more people to want to spend time / energy helping you.

Or, they'll choose to move on to offer help to those:

A) more appreciative

B) more willing to help themselves - it is a self help site after all.

 

I'd have suggested not identifying the driver & writing a reply for the keeper to send, instead ......

 

You might have had someone in Birmingham offer to go get pictures of the signage for you as it is a way away from you, the next time they were nipping to the Subway next door for lunch ........

They might now be thinking "Hang on, is the OP worth the bother .....

[ericsbrother]

I really dislike the private parking industry's methods of earning money, it is all based on lies and deception, they arent averse to lying to judges so they sure as hell dont give a stuff about being truthful to someone appealing one of their bent demands.

 

To this end I will help anyone defeat a claim but there is always the problem that I am not in a position to turn up on their behalf and beat the bandits in court so people have to be self reliant to a large extent, do their own research into ownership of land, consents etc as no individual has the time to do this for you, it is impractical.

 

You were given a number of pointers as to why this charge is rubbish and what the keeper should say in response. it may well just fade away or it may not. Again, there is nothing we can do to influence the parking co if they go at things in a reckless manner, they have shown their incompetence so nothing is beyond their arrogance and stupidity.

 

You have asked a series of questions that were andswered and all that can be done now is to wait. advice is given that you take some time to learn about the issues that may well crop up and then you ask about what can cause certain actions.

 

as we havent been told what the NTK syas how are we supposed to say whether there is keeper liability created or not, we have answered the points raised and arent in a position to guess someone else's actions or thoughts. that is why i say go and read up on it, you can then come back and ask about what the parking co is actually doing rather than asking theoretical points that are amply covered in other posts on this forum or elsewhere.

 

As for the matter in hand, the letter has been sent (we havent seen its contents so can only make assumptions that it says as suggested) and all that the keeper can do now is wait for a response. If the keeper requires furhter assistance we will endeavour to help with the new points raised.

 

It may be wise ti get the keeper to read this thread and take ownership of it if they want help, easier for us to ensure that chinese whispers arent giving the wrong message

Edited November 25, 2016 by honeybee13
Paras.