Link Parking/Gladstones claimform - windscreen PCN - 11 mins overstay - Elder mews is in Derwen Road Bridgend,CF31 1LH

[kazzmera]

Hi all,

 

I have untill 24th July to send my defence to county court and serve copies to Gladstones,

 

on entrance to car park there is a sign which states £1 per hour parking,

it shows on my pay n display ticket that i paid £5

( I still have original ticket),which i thought would give me 5 hours parking as needed just over 4 hours to and fro from car park,

 

there are no other signs around car park except next to ticket machine,

which shows £1 for 1 hour parking

,£2 for 2 hours parking,

£3 for 3 hours parking and

£4 for 4 hours parking,

 

then jumps to £6 to park all day,

but I didn't need all day parking as I said, just over 4 hours

I paid £5,the ticket machine took my £5 but only allocated me 4 hours of parking,

no money returned to me either,

I didn't realise at that time that machine had only given me 4 hours parking,

 

I returned to car prk to find a pcn had been put on my window for 11 minute overstay of 4 hours,

the pcn says it is for breaching the terms of the contract,

 

if I had returned by the 4 hours and paid another £1 it still would of been to the value of £5, to which I had already paid at time of parking

 

any help would be gratefully accepted

Edited July 6, 2018 by DragonFly1967
Redacted ticket

[honeybee13]

Hello and welcome to CAG.

 

 

Could you give us the information requested in this link please?

 

 

https://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***

 

 

Best, HB

[DragonFly1967]

This is typical of Gladrags and their shoddy work as well as IPC members Link Parking.

 

There's no way on earth that they're going to win a defended court claim, so please do make sure you acknowledge and then defend it.

 

The IPC Code of Conduct for AOS Members, of which Link is one, says quite clearly (at 15.2 of the code)

 

Drivers must be allowed a minimum period of 10 minutes to leave a site after a pre-paid or permitted period of parking has expired

(my bold)

 

So, a claim for an 11 minute overstay is likely de minimis and would not be looked at very kindly by a Judge. In fact, I dare say the Judge would be far more likely to tear them a new one before throwing their representative out of the court with a Judge shaped boot print on their backside.

 

The problem is that Gladrags don't care about that, they get paid win or lose. Either you pay them (if you lose) or Link Parking foots the bill (if you win) so the only real 'winners' are Will & John. Nice work if you can get it I suppose.

 

Anyway, fill in the link that HB posted in post #2 and we'll see where we are and what can be done.

[dx100uk]

you don't have to send gladrags a copy of your defence

the mcol process does that for you

 

but you did send them a CPR 31:14 didn't you?

[kazzmera]

Name of the Claimant ?Link Parking

 

claimants Solicitors:Gladstones

Date of issue – 02/05/18

Date to acknowledge - 20/05/18

 

 

date to submit defence = 03/06/18

 

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

 

1.The driver of the vehicle registration xxxxxxx(the vehicle) incurred the parking charge(s) on the 21/08/17for breaching the terms of parking on the land at elder mews

 

2.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 cost if applicable,

together with interest of£7.65 pursuant to s69 of the county courts act 1984 at 8%pa continueing to judgement at £0.04 per day

 

 

What is the value of the claim? £242.65

 

claim been issued by the Private parking Company or was the PCN assigned

 

 

Were you aware the account had been assigned

did you receive a Notice of Assignment? yes to a small claims track

 

-------------------------------------------------------------------------------------------------------------------------------------------------

Edited July 6, 2018 by dx100uk
format

[DragonFly1967]

I take it that you now have a hearing date then? What date?

[dx100uk]

where is the mews please google link or postcode please

[kazzmera]

court date is August 24th 2018,Elder mews is in Derwen Road Bridgend,CF31 1LH

[kazzmera]

I Did email Glastones requesting a copy of the contract, but no reply

[DragonFly1967]

I Did email Glastones requesting a copy of the contract, but no reply

 

No surprises there then

 

 

Oh dear... Looking at that location and the entrance to the car park, Gladrags are going to have a hell of a time winning this one.

 

https://www.google.co.uk/maps/@51.5066227,-3.5768367,3a,15.1y,233.84h,87.34t/data=!3m6!1e1!3m4!1snQZeNp_MPDiZGlhGSoCKCA!2e0!7i13312!8i6656

 

Is that same sign still there?

 

Can you please tell us exactly what's written in small letters under where it says "£1 per hour", I can't make it out on your picture or GSV.

 

 

But. At first look, my take on it is...

 

That sign is quite plain. So, no matter what any other signage says "£1 per hour" is the offer made to you as you enter the car park, it says so, in nice big letters. So, if you want to park for 5 hours, the cost is £5 (that nice big sign says so). That's the offer they made you, and that's the offer that you accepted, and it's pretty much as simple as that.

 

There'll be plenty of other things to tear in to them about of course,

[kazzmera]

underneath the large £1 per hour it says up to 4 hours in brackets,but is barely visible as I didn't notice it., yes, the car park is exactly the same, signs are the same.

[DragonFly1967]

Well, it's a nice try, but for that to be a valid 'key term', they'd have to make it the same size as the wording for £1 per hour. Or at least, big enough to be read from a moving vehicle, bearing in mind the driver would be sitting further away from the sign as they entered.

[kazzmera]

as I said,i have till 24th July to submit my defence to county court, i have started my defence but I am not to sure how things are to be worded for my defence,

 

if I hadn't of paid for the parking upfront then I prob wouldn't of fought this, but I did pay upfront and really cant see how the can charge me £242.65.

[DragonFly1967]

cant see how the can charge me £242.65.

 

Now, there's a thing. They probably can't.

 

 

 

Have you, at any point, either named to the driver, admitted being the driver, or worded anything in such a way as they could reasonably assume you were the driver?

 

Things like... "I parked", "I paid for parking", "I bought a ticket" etc. It could be something that looks quite innocuous, a mere slip of the keyboard to any normal person, but you've emailed "the worlds greatest parking b̶a̶n̶d̶i̶t̶s̶ solicitors", so it is kind of important.

 

 

As things stand at the moment, they are probably suing you as keeper of the vehicle. So, if you raise the correct points in your defence WS, they've already got a bit of a problem.

 

Their figure of £160 for "parking charges" is wrong in law. As Keeper, you are only responsible for the principle amount. The signs can say whatever they like, but most cover it by saying "blah, blah, blah, debt collection charges for which the driver will be liable". They a) hardly ever specify an amount (mainly because that would limit what they try to get away with/mug you for) and b) never say that the "keeper" would be liable for these extra charges because the POFA makes no provision for these charges to be passed on to the keeper.

 

So. Whilst the POFA (unfortunately) does mean that they can go after you as keeper, it only allows the principle amount.

 

Therefore, if they are suing you purely as keeper, make sure that you mention in your defence that they have unlawfully (make sure you use "unlawfully" and not illegally) added an extra £60 to the parking charge and have thereby inflated the entire claim.

 

As I said in my original post. #3. A claim for an 11 minute overstay is likely to be de minimis. So you should ask in your WS that the Judge treat it as such. Provide the evidence of why you think the Judge should rule that way by including a print out of the relevant section (in context, so, the whole page) of the IPC CoP for it's AOS members

 

 

What other things, letters, notices etc have you had from Gladrags or the PPC? Have you still got them? If so, can you scan, redact and upload them please.

[kazzmera]

yes, I said I was the driver, I have an email from gladstones,when I asked what the pcn was for and they replied

 

We direct you to the attached as this should answer your queries.

 

You have a further 30 days from the date of this email to make payment in full failing which further legal proceedings will be issued against you without further notice. Payment can be made online or by calling 03330230049.

 

Kind Regards

 

Phoebe

Litigation Assisant

FAQ's[186].pdf

[dx100uk]

usual twaddle in the FAQ!!

[dx100uk]

DId you send cpr 31:14 letter to gladdy's??

[ericsbrother]

block their emails at once and set it so any sent bounce back.

You use proper post and make them do the same or they will be sending you documents at midnight on the day of the hearing and tell the judge that they were served correctly beforehand (just one of their tricks)

 

Now as you have identified yourself as the driver they can legally add the charges to your bill but they still have to win.

 

that is one of the reasons it is a shame you admit being the driver,

the other is their client wont have got the wording of their NTK right and thus would have shot themselves in the foot when trying to claim from the keeper.

 

However, if you still have the NTK then post it up here,

it may yet be so poorly written as to not be a legal demand anyways as the POFA insist that certain phrases and information is contained in the letter.

Edited July 8, 2018 by dx100uk
Spacing

[kazzmera]

here is the NTK you asked for,sorry for late reply

[lookinforinfo]

Not sure that "expired ticket" will be on there

Notices as a valid breach of their stupid

Rules.

[dx100uk]

had to hide your upload

you left the barcodes and an ref no showing.

 

please upload as PDF too not JPG so we can zoom read upload