EPS/Gladstones Backdoor CCJ re:ANPR PCN - Eastside car park Birmingham - for upside down ticket

[rustioni]

Hi

 

This is my first post on here and I was wondering if anyone can offer advice. I’ve read threads relating to similar issues to my own and while they’ve been helpful, there are certain details about my own situation which make me unsure of how to proceed.

 

I received a Parking Charge Notice for £100 with no option of a reduced rate from Euro Parking Services Ltd on 9 February at Eastside car park Birmingham due to my ticket not being displayed clearly, I checked it when before leaving my car but when I returned it was upside down on the opposite side of my dashboard.

 

I did some research on how to appeal and found I template which I inserted my own details into and sent a letter of appeal within the 21 days via recorded delivery to the parking company.

I included a scanned copy of both sides of my ticket, which displays valid time and date and includes my registration number.

 

I argued that nowhere on the signs or the ticket does it state which way up the ticket should be displayed, nor was there any adhesive with which to secure the ticket in place.

 

 

I photographed signage and explained that the size and placement was inadequate and meant that the terms and conditions were illegible from a reasonable distance.

 

 

I also argued that since I have demonstrated that I have a valid ticket there was no loss of income and since I park at the location everyday that it seems counter productive and excessive to issue a fine of £100.

 

 

I requested proof of contract with the landowner to show that the parking charge is legitimate.

I made it clear that despite my ticket being upside down when I returned to my car,

it was still clearly visible on the dash (shown in the own photographic evidence)

and that the serial number could be read on the reverse enabling the attendant to identify the ticket as valid.

 

Here’s where my situation differs from others:

I had no response from them,

I should have called earlier to check

but 2 months passed

 

 

I called them to check the status of my appeal, they said that a letter had been sent in the post and when I explained that I hadn’t received it they offered to email it to me.

 

 

The letter of rejection they emailed was dated 2nd of March,

it hadn’t got to me because I made a typo on my appeal to them and left off my house number,

when they replied to my letter they also left it off.

They obviously ignored my request for proof of contract with the landowner.

 

The rejection letter said I could appeal via IAS within 21 one days of the letter

but obviously by the time I read this that deadline had passed.

 

 

My concern is if they try to escalate things and take me to court,

I won’t actually receive any of the correspondence.

I’ve also read that appealing to the IAS is a waste of time.

 

Any advice would be very much appreciated

 

I still have the ticket and the PCN,

along with photos of signage and their own photographic evidence

and i'm happy to post contents of my appeal and their response

 

 

Many thanks

[dx100uk]

can you fill this out please too:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

[rustioni]

Thanks dx100

 

1 The date of infringement? 9.02.2017

 

2 Have you yet appealed to the parking company yet? [Y/N?] YES (uploaded)

 

has there been a response? please post it up as well, suitably redacted. Yes (also uploaded)

 

5 Who is the parking company? Euro Parking Services Ltd

 

 

6. where exactly [Carpark name and town] did you park? EastSide Car Park, Andover Street, Birmingham City Centre

docs1.pdf

[ericsbrother]

they use the word not clearly displayed - this is not the same as not displaying a ticket.

 

Dont forget, the ticket is really a receipt for your payment under contract law of offer and consideration so using their own words there has been no breach of contract and you dotn owe them £100.

 

However, the parking co make very little from the parking operations so they need to rob a few people to make any wothwhile money as they keep all of this rather than sharing it with the landowner.

 

 

For that reason they are not going to admit that you dont owe them a bean really or their business model just sinks.

 

In future if you get a ticket slapped on your car do not respond to it but come here first.

As you identified yourself as the driver you have given away most of the protection in law that you have from these bandits as far as protocols go.

 

 

Same if you get a letter through the post becasue of an ANPR capture

The paperwork they issue is often wrong

so responding to it in any way before a certain time has elapsed creates a liability by you that otherwise wouldnt exist.

[rustioni]

Thanks for getting back to me so quickly, and thanks for the advice of what to do in the future, I'm kicking myself for not finding this forum sooner!

 

Do you think it's likely that they would try to take this to court knowing that I have a valid ticket with my reg on?

 

Also they don't seem to have my full address so I'm not receiving any correspondence that they send via the post. I only received their response to my appeal when i called them to check and they sent it via email.

 

My concern if they eventually take it as far as court action i may not receive the letters and miss my chance to defend myself.

 

Any advice would be much appreciated

[dx100uk]

oh and can see why they are going after you

you've used the word fine in your letter to them.

so they think you don't have a clue what you are talking about..

it not a fine!!

[rustioni]

I guess i've been naive in thinking that having a ticket and writing a appeal would be enough to get them off my back, it sounds like i've made a few gaffs and done myself no favours ...

[dx100uk]

we've big buckets and large corks don't worry

[ericsbrother]

have you moved house and not updated your car keeper details?

If so you will have to give them your address for service of documents or they will continue to use the old address and you will be in trouble.

 

If not stop using email,

block their email address

and force them to spend money to harass you rather than letting them do it for free via the internet.

 

you have to get in control of this rather than giving them free swings at you all the time.

 

Now you know that they dont have a real claim it all becomes less frightening.

 

If they start to send proper letters then you may be advised to respond

but for the moment stop digging the hole you are in before you cant climb out

[rustioni]

No I havn't moved, I just happened to forget to put my house number on the original appeal letter, and they've just copied my address from there.

[ericsbrother]

then leave them to continue to get things wrong,

 

they will have to spend money chasing you

so may get fed uop and go and bother someone else if you dont appear to be scared of their threats.

 

If the letters are going to a neighbours

then the neighbour could be asked to send them back as insufficient address, not known where delivered and they will have to pay to get the correct addy.

 

The more you cost them to chase you the quicker they give up as long as you havent ignored everything.

 

These people are not Parking Eye, they dont make £300 million from ripping off old people in hospital

[rustioni]

Thanks for all your help with this, it's a relief to know that their claim is a load of nonsense.

 

It's frustrating as i'm one of four people in our office alone to go through similar situations recently, and this is my second time round (the last time was a more reputable car park and they dropped the charge after I sent an appeal through POPLA).

 

One colleague of mine had her appeals ignored for 2 years, then received solicitors letters and a letter from the court and ended up paying nearly £300 to the Euro parking, wish I'd have come across this forum earlier.

[ericsbrother]

no one has to pay anything because they received a letter or even a court summons.

Most people know the motto of the SAS, "who dares wins" but they have 2 others invented by the soldiers themselves ( Sgt GB, R.I.P.)

1 Never give up

2. Plan B always beats catch 22

therefore never give up and always prepare a plan B

[rustioni]

Dx and ericsbrother thanks for your guidance with this, it's been a weight off to get some advice from people who knows what they're talking about. I'll keep you updated if there are any further developments

[rustioni]

Hi all an update with regards to this.

 

 

Just received a letter dated 29th of September from DCBL: titled notice of debt recovery

stating that my over due amount of £262.67 due to Gladstone’s in relation to court judgement number xxxxx has now been passed on to direct collection bailiffs limited to recover on their behalf. With admin and vat to fee is now ) £351.67.

 

This is the first correspondence I’ve received since last posting in here, and can only assume the letter was late since there was no number on the address, someone had scribbled the house number on the envelope.

 

Any advice would be much appreciated I’ve ovviously missed the 14 day deadline set out on the letter. It says failure to respond within their time will result in the case being reviewed for legal recovery and afdiional costs.

[dx100uk]

so you've ignored a court claim!!

 

 

DCBL cant be acting as bailiffs as its not above £600?

[rustioni]

I never received a county court claim,

the adress on the letter i have just received from DCBL has no house number

so i'm guessing all correspondence has been getting lost in the post.

 

 

When i sent my original appeal to the parking company i made a typo and missed the my house number off.

 

I'm relucatant to pay this since i had a valid parking ticket and this all seems ridiculous

but i currently renting at a friends house and don't want bailiffs turning up taking her stuff.

Is there anything i can do?

[dx100uk]

get it set aside

the fact that you left your house number off your appeal is irrelevant

they knew the correct address from their DVLA check for keeper details.

 

 

give northants bulk a ring

ask for a copy of the claimform and the CCJ.

 

 

dx

[ericsbrother]

there should be a claim ref number from the courts service on it as quoted, you can find out where and when the original paperwork was sent to

[rustioni]

Thanks for your help with this, I'll give them a call. I've downloaded th N244 form in order to apply for it to be set aside, do you have any advice for completing this form?

[dx100uk]

Yes get the info we need first

[rustioni]

Having spoken to Northants bulk here is the judgement for claim and particulars of claim, also missing the house number from address, explaining why i didn't receive them

 

Forgot to mention when i asked for a copy of the claim form they said they could only send blank versions since it is generated automatically via their system.

 

they also confirmed that the address they had on file for me was missing my house number which suggests that the DVLA were never contacted.

 

in the mean time I've put in a Request to the DVLA to see if anyone has requested access to my data in order to find confirm this.

PARTICULARS OF CLAI1.pdf

InvokerServlet_redacted.pdf

[ericsbrother]

Part of your research is to check witht he DVLA as to whether your details were accessed.

[dx100uk]

I bet they did!

And if so we'll have some fun with them that hopefully won't cost you a set aside fee

[rustioni]

Thanks again for your help with this. Do you know how long DVLA normally take to respond?

 

Is there anything else i should be doing in the mean time?

 

Could they potentially point the finger at me for supplying the wrong address in the first instance, despite it being a genuine mistake?