ESP/Gladstones claim form -164- 166 PLYMOUTH GROVE, MANCHESTER,M13. - **case closed, claimant did not submit paperwork on time.**

[renegadeimp]

You dont reply to them at all.

 

You have to do things a specific way. Gladstones dont care about rule or law, so its very very easy to catch them out. Don't panic, and dont bother with their silly timelines

[yakky]

Im confused. I thought I should be responding to their letter in a manner that they do not take this to court. Is it already too late for that?

[renegadeimp]

No. because as i said gladsstones dont care about rule or law. Theyll prob file a claim anyway. They do NOT care about you, what happened or anything else. They just want the money from the PPC . Thats it.

[DragonFly1967]

Im confused. I thought I should be responding to their letter in a manner that they do not take this to court. Is it already too late for that?

 

As renegadeimp has already said, it matters not one jot if you send anything to Gladrags or not, and if you do, whatever it says will be completely ignored by them anyway. Gladrags are only in it to line their own pockets, they don't care one bit who pays them (you or the PPC (more likely the PPC)) just so long as they get paid.

 

The irony of the whole situation is that the only people to make any money out of this, whether you win or lose at court (if it goes that far) is Gladrags. They get paid regardless. Even if they take you to court and win, the PPC lose money!

 

Look at it this way, the most they're going to get out of you even if they win at Court is around £200 including their 'fees'. Gladrags would have charged them more than that by that point. Then add in, listing fees, hearing fees etc and they're on to a loser before they've even started. If every single person that ever got a PCN held out and waited to be taken to court, the PPC's wouldn't be able to afford to take the risk, their business models would collapse around their ears.

 

Gladrags seem to have convinced (god knows how) most of the IPC members that they can proceed to court in the certainty that they can win, and that's so far from the truth I've not been able to work out how they're getting away with it! And that's without going in to how they have a habit of abusing the Court process, filing late, failing to file notices etc in line with orders of the court. I don't know how they're getting away with that either.

 

Gladstones = Professional Solicitors. Laughable!

[yakky]

Okay I understand now. Thank you so much for explaining it to me.

 

Is there any use to contact E S parking instead and anything I can say to convince them not to take it further?

 

Is it a good idea to call some of the buildings around the car parking space to find out who owns the actual car parking space?

[dx100uk]

no go ask the council or look it up on land registry site

but that wont make any odds at this stage.

[yakky]

Another thought that crossed my mind is that do I have any chance of winning (seeing as I have literally ignored them all the way and kept no record of anything)?

 

I can see how its detrimental to pay these companies and fighting them (win or lose) is for the greater good but I'm very hesitant to go through the whole court process with this blasted pregnancy draining the life out of me.

[DragonFly1967]

You have every chance of winning!

 

And don't worry about not having kept anything. If they do decide to go to court, you'll be asking for copies of anything & everything (and more) that they intend to rely on in court. Which, when they fail to produce most of it (their usual form) or file it late, will add to your case that the PPC and subsequently Gladrags have acted unreasonably.

 

Don't be too specific obviously, but could I ask what area of the country that you live in? Is it in the same area as where your hubby was working? All I am thinking is that there may be people in your area that will come along to court and help you, for free (or the PPC will end up paying). It's not unheard of is all I'm saying.

[ericsbrother]

ES is owned by a chap who doesnt get out beyond the boundaries of Manchester

so if you are taken to court and your local county court is not near there you are likely to not have anyone to speak against you.

 

The owner of ES is as honest as Gladstones

so dont expect much that is relaibel to come from there.

 

 

For that reason it would be unwise to contact them until after they have actually made a claim.

 

 

This may seem like we are wishing ill upon you but that is not the case,

we see an inevitability about this and would then suggest that you let them have it after they have issued a claim and make them waste their money at the outset and then discontinue when you shiow that the claim is doomed to fail.

 

Okay I understand now. Thank you so much for explaining it to me.

 

Is there any use to contact E S parking instead and anything I can say to convince them not to take it further?

 

Is it a good idea to call some of the buildings around the car parking space to find out who owns the actual car parking space?

 

what your hubby needs to do is get some pictures of the land and the signage,

note the positon and size of them and also he can make enquiries about the permit he was given.

 

 

At the moment he has what is called superiority of contract,

he has permission from the occupier to be there that trumps ES's parking rules

[yakky]

Received claim form and was unsure whether to start a new thread or not.

 

 

Here are the details:

 

Name of the Claimant: ES PARKING ENFORCEMENT LIMITED

claimants Solicitors: GLADSTONES SOLICITORS LIMITED

 

Date of issue – 19TH MAY 2017

 

What is the claim for – the reason they have issued the claim?

 

1.THE DRIVER OF THE VEHICLE REGISTRATION ******* (THE 'VEHICLE') INCURRED PARKING CHARGES ON 11/01/2017 FOR BREACHING THE TERMS OF PARKING ON THE LAND AT 164- 166 PLYMOUTH GROVE, MANCHESTER,M13.

 

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 £3.50 PURSUANT TO S69 OF THE COUNTY COURTS ACT 1984 AT 8% PA, CONTINUING TO JUDGEMENT AT £0.05 PER DAY.

 

 

What is the value of the claim? I'm not sure what this means. Is it the amount the claimant claims or the total amount including court fees?

 

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 ? ES PARKING - THE PARKING COMPANY

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT APPLICABLE

[yakky]

I am filling in the Acknowledgment of Service form online.

 

Do I select this?

 

Contest Jurisdiction

You can choose to contest jurisdiction of the claim made against you.

I intend to contest jurisdiction

[DragonFly1967]

On MCOL select...

 

Defend all

Leave jurisdiction unticked.

Click through to the end

Confirm and exit MCOL.

 

Get a CPR 31:14 request running to the solicitors

 

Don't sign anything

 

Here is the CPR you need to send:

 

 

To the solicitors

[Your address]

 

[Their address [solicitors]

 

[Date]

 

Dear Sir or Madam,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the claim form in this case issued by you out of the (Name) county court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following:

 

1. An unredacted copy of the contract between [parking company name] and the landowner and/or a chain of contracts between your client and the Managing agent, and the landowner and the Managing agent that assigns your client the right to enter into contracts with the public and make claims in their own name. These are not legally privileged documents if your client intends to base their right of claim against me upon them and therefore must be disclosed to me so that I may prepare properly for any case brought against me.

 

2. Proof of the planning consent granted for all of the signage etc under the Town and Country Planning Act 2007.

 

3. Copies of any and all of the following. Any notice to driver that was affixed to the vehicle, any notice to keeper that was sent to the vehicle keeper and any other correspondence from your client or their agents and/or yourselves to the defendant that they intend to rely upon in court.

 

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience..

 

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

 

Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you are unable to comply with this request within 14 days and believe that you will never be able to comply with this request please confirm in your response.

 

You are reminded that as this case is yet to be allocated to a track, CPR31:14 does apply, a refusal to comply because you 'think' at this stage you don't have too will be used against you in any filed defence.

 

Yours faithfully

 

TYPE YOUR NAME DO NOT SIGN IT

[BazzaS]

I am filling in the Acknowledgment of Service form online.

 

Do I select this?

 

Contest Jurisdiction

You can choose to contest jurisdiction of the claim made against you.

I intend to contest jurisdiction

 

Yes to acknowledging service.

No to contesting jurisdiction ... you do want the England & Wales courts to hear the case, rather than the courts of some other jurisdiction (so, you don't want to say e.g. the courts in France should be hearing the claim instead, which you'd do by 'contesting jurisdiction').

 

I note the claim says "THE DEFENDANT WAS DRIVING THE VEHICLE AND/OR IS THE KEEPER OF THE VEHICLE" ..... don't identify the driver to them (unless you already have!).

 

If they wish to pursue you as the keeper (and not the driver), then they'll have to show that they've met the formalities to establish 'keeper liability'.

CAG can help you with that, as well as helping you put forward (as well, rather than instead) that the vehicle was parked with permission..... it may need some 'nimble fottwork' to do so without identifying the driver, but it can be done

 

[by not identifying the driver it prevents them from taking the same claim out but against the driver, since they don't know who that is ........]

[renegadeimp]

and remember, dont be scared. Follow advice here and you are guaranteed to win.

[dx100uk]

total plus fees please

if its only £160+costs then its for ONE ticket not all those you've had

strange

testing the water?

to see if he can get a default judgement me thinks.

 

 

then try all the rest.

[yakky]

No, I don't live in same area. But about 1.5 hours drive away.

 

total claim is £240

 

Thank you all! I have followed the advice and CPR will go in the post tomorrow.

[yakky]

Hi all,

 

Sent a CPR to glad stones end of May and have had no response since. How to find out what is going on?

[dx100uk]

you did file a defence on time didn't you?

[yakky]

you did file a defence on time didn't you?

 

 

When do I have to do this? I'm not sure how to file a defence. Have I missed a deadline?

[dx100uk]

should have been done on day 33

 

 

simple 2 line defence in numerous Gladstone claimform threads will do.

 

 

you'd better check MCOL lets you in still

and you've not already got a default judgement because you DIDNT READ THE LINK YOU FILLED OUT for post 35 properly!!

[yakky]

I logged onto mcol...it doesn't say anything about a judgement...it still has an option to file a defence so can I do it now ? And what should I respond with ?

[yakky]

I completely missed the 28 day deadline part

[dx100uk]

told you what to do in my last post

you need to go read other like threads...

 

 

use the search CAG box of the top red toolbar

 

 

Gladstone pcn claimform.

 

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=Gladstone+pcn+claimform&sa=Search+CAG#gsc.tab=0&gsc.q=Gladstone%20pcn%20claimform&gsc.page=1

 

 

use the two line defence posted in the threads above.

 

 

cag is self help too!

 

 

post it here first mind..

[yakky]

I feel incredibly dumb. So I have read some defences others have posted but I don't understand whether they apply in this case. What does it mean about no contract? If there was a permit does that mean there was a contract?

 

Should I edit and rewrite something similar to this :

 

1.I am the keeper of the vehicle reg aa00bbb which the claimants allege was parked at (exact location) spinningfields, Manchester on whatever date and time that was supposedly a breach of a contract between the Driver and ES parking, the claimant.

 

2.As ES parking do not rely on the Protection of Freedoms Act 2012 to create a keeper liability the defendant puts it to strict proof as to who was the driver at the time as there is no contractual liability created between the plaintiff and the defendant as keeper of the vehicle. (if you wrote to them previously as the driver then all of this is irrelevant and can be left out)

 

Should I just give up and pay to avoid a CcJ?

[honeybee13]

Please hang on, yakky. All may not be lost, please wait until the advisers can get here.

 

HB