euro parking/gladstones claimform - PCN maghull centre merseyside **DISCONTINUED ++ COSTS**

[ste2562]

hi ,, bit worried ...did i have to fill out the claim form n1...i thought by logging on to money claim.gov.uk and doing it that way was ok and sending the cpr 31.14

[dx100uk]

??nothing to do with the form that's only for ref...

 

 

fill this out please

and copy n paste it back here answering the questions

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***(2-Viewing)-nbsp

[ste2562]

hi...

claimant is euro parking services ltd..

 

..issue date 21/02/17.

 

..particulars of the claim

1.the driver of the vehicle (reg) incurred the parking charge on 20/10/16 for breaching the terms of parking on the land at maghull centre

 

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 £3.33 pursuant to s69 of the county courts act 1984 at 8% pa,

continuing to judgement at £0.04 per day

 

..sorry couldn't get my head round the copy and paste thats required

[dx100uk]

good

 

is that ALL the particulars of claim state [bar pers info?]

 

so your defence is due by day 33 from the date on the claimform where by that date is one in the count

you do NOT miss it.

[ste2562]

hi..

thought i had followed everything right so far as you have told me.

 

..do i need to put in a defence and counterclaim.

 

.i have a form here to do it and do i send that to gladstones solicitors.

 

.i have also found a letter from gladstones i thought i had lost dated 02/02/17..

 

."LETTER BEFORE CLAIM"

[ericsbrother]

the claim is cobblers,

they have to prove who the driver was,

they cant just put "the defendant is.was/maybe someone who may have been present at the time or maybe not"

 

Also the amount is nonsense,

if the contract offered by the sign says £100 then £100 it is, not soem made up amount.

 

The reason they do this si because most people either pay up when they get the claim or ignore it and lose by deafault.

 

Only 15% of the 200,000 claims in the county court are defended

so once you join that minority the parking cowboys start to brick it because they are then into a losing situation and have paid some snake oil mercahnt good money to issue a claim and they will get nothing but grief for their money.

 

OK, you need to acknowledge the service of the claim and

 

for a defence I would put something like

 

"the defendant denies that any contract was formed between the palintiff and himself.

It is put to srtict proof that such a contract exists as there is no keeper liability under the POFA in this matter.

 

The Particulars of Claim contain no detail as to the nature of such a breach of a contract,

the amount claimed does not reflect any contractual obligation and the general vagueness of the claim means that it is not possible to submit a proper defence It is therefore requested that the claim be struck out under CPR 16.4"

 

You do not counterclaim.

[ste2562]

hi and thank you once again..

.i have been on here in the past and was told to ignore everything.

.you even told me to send the paperwork to yourselves and you will ignore it for me but that was many years ago.

 

 

. i have successfully appealed in the past when i got a parking ticket at Aintree hospital because i couldn't get a disabled parking place for my father who had emphyzema and couldn't walk very far and had to leave the car near the entrance and was told by security that they would make sure i didn't get a ticket but i did..

.Had to appeal to solicitors in southampton..

 

so from what you have told me i just need to wait now for a reply off the solicitors..is that right..

i don't need to do anything else?..

 

 

when you say i have to acknowledge the service of the claim,

how to i do that?.

..we will be making a donation to CAG once i get all this sorted

 

 

...do you think i will end up in court having to defend this because i am well up for it now .

..i have had a belly full of these companies

best regards

steve

[ericsbrother]

until the Beavis decision all of the parking co's had to show a schedule of loss,

the same way as a landowner suing you for trespass would

- ie they claim DAMAGES and you haven't damaged their car park so nothing due.

 

 

The Beavis decision placed these parking contracts in the same basket as business to business contracts

whereby you could be sued for a penalty sum for damages, even if no loss was actually made.

 

 

The idea of this is not to be punitive but a "commercial consideration" and £80 was deemed OK.

Most parking co's have crept that up to £100 since Beavis, typical greedy act of a disreputable industry

[dx100uk]

leave the paper claimform alone

all you need that is for ref

do it all online

 

 

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 AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

 

dx

[ste2562]

hi ..already done the MCOL back on 23/02/17 thread 7....thank you....

[dx100uk]

whats that about it in post 32 for then?

[ste2562]

sorry thought i had to do something else besides the MCOL and the CPR31.14...so am i right in thinking that i have done all the necessary actions i need to do up till now...

[dx100uk]

looks ok then

 

 

post29 then

[ste2562]

hi thanks for all your advice and help ...invaluable...just made a donation...hope that helps...thank you

best regards

[dx100uk]

:yo:

[ericsbrother]

If they failt o respond to the CPR31.14 in the correct time you can write to the courts servvice and ask for the lciam to be struck out under CPR 16.4 More detail when we come to that particular point so keep an eye on the clock..

[ste2562]

thank you will do...

[ste2562]

hi...am i right in thinking today was the deadline for glad stones to reply back over the parking ticket..the issue date was 21/02/17 still had no correspondence back yet

[ericsbrother]

they arent going to respond so tomorrow you write to the court ( or the bulk centre if a court hasnt been allocated yet)

and request that the claim be struck out under CPR 16.4 as ECP havent shown a cause for action based upon the CPR 31.14 request

- no locus standi and have failed to show proof of who the driver was at the time asd there is no keeper liability in this matter.

 

You probably wont get the strike out but you may well get a demand for your defence evidence for a case management hearing to determine whether they can carry on. At worst, the first thing the judge will ask them is why they have made this claim if they have no proof of contract with you.

[ste2562]

hi..great...when i write to the court do i need to send them details of the CPR 31.14 or just send our personal details etc that are on the claim form...claim number...claimant and acting solicitors. The court is in northampton

[ericsbrother]

you are writing to the court so your details and the claim number, normally written as: ECP v defendant, claim ref 12xy23456. then say

 

I wish to request that the claim against me is struck out under CPR 16.4 as ECP have failed to show a cause for action against the defendant by failing to supply enough detail as to what the claim is for in the Particulars of Claim and by failing to respond for evidence of their locus standi and reasons for the claim by way of a CPR 31.14 request.

 

 

It is not possible to defend a claim that doesnt say whether it is brought as a breach of contract or monies owed under a contract or whether they have identified the defendant as the driver at the time as they havent said they are relying on keeper liability under the POFA 2012 to create a liability by the defendant.

 

you dont send this the ECP or Gladstones, just the court. you may well not get a reply, the court may well tell Gladdys to show a reason for claiming or lose the claim without a hearing or it may get filed until acourt and judge are allocated..

[dx100uk]

defence was due FRIDAY!!

[ericsbrother]

FAX a skeleton defence and the above to Northampton bulk centre.

 

 

the defence should be basically no contract was offered so there can be no cause of action.

 

Everything else can be done later if it gets to exchanging documents.

[dx100uk]

no need to fax do it on MCOL.

 

 

dx

[ste2562]

hi, thank you all for your help up to this point...i will do the MCOl thing tomorrow

regards