Euro/gladstones PCN claimform - Chamberlain Buildings ***Claim Dismissed***

[Rincon]

Ericsbrother: Timeline Detail. Images will follow.

 

EURO PARKING SERVICES

 

1). PARKING CHARGE NOTICE

NOTICE TO KEEPER

ISSUE DATE:12/09/2018-CONTRAVENTION DATE 06/09/2018-CONTRAVENTION TIME 12.51

CONTRAVENTION-Not parked correctly within the markings of the bay or space

Period of Parking-from 12.40.44 to 12.46.08 CHARGE-£100

 

2). FINAL REMINDER

DATE OF SENDING: 11/10/2018

BALANCE DUE:£100

 

3).LETTER BEFORE COURT ACTION

DATE OF SENDING:21/11/2018

BALANCE DUE:£160

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

 

GLADSTONES SOLICITORS

 

4).LETTER BEFORE CLAIM

DATE OF SENDING: 22/02/2019

BALANCE DUE:£160

 

5). CLAIM FORM

DATE OF SENDING: 04/04/2019

AMOUNT CLAIMED-£166.14

COURT FEE-£25.00

LEGAL REPS' COSTS-£50.00

TOTAL AMOUNT- £241.14

 

 

[ericsbrother]

If you have read the POFA you will know that the £60 "contractual sum" or unicorn food tax as we call it isnt applicable but they never let the truth get in the way of thweir activities.

 

When it comes to writing a witness statement you will make this point ( not the crookedness, just the unlawful nature of the demand) and that way it makes the judge look more carefully at what else they are claiming in their WS.

 

The Particulars of Claim will be vague and barely coherent, often getting the capacity of the defendant wrong  ( driver/keeper whe they are not interchangeable) so best to go into that in detail at the beginning of the WS as it may be enough for a halt to be called on the proceedings

 

in truth many judges dotn know that if the parking co doenst follow the POFA to the letter then they get nothing according to its conditions so you will need to ram that home and make a copy of the POFA part of your bundle so the flaws in their NTK and procedures can be pointed out.

 

Now is a good time to start reading up on things like this rather than at the last minute

[Rincon]

Ok thanks for that, I will obtain the images shortly. Remind me when I submit a defence is there a space on the MCOL form to add it?

[ericsbrother]

there is a box that you can fill with text if you use the onlibe submission but we will need to see the exact wording of the POC before you use this approach as it is just a part of your defence so that is why I said about using it in your WITNESS STATEMENT that comes much later on in the proceedings.

You can also send a letter in with the allocation questionnaire rubbishing the clai and asking for it to be summarity struck out under CPR 3.4. It rarely happens but often gets a judge to force them to show some substance by a certain date as a general case management order

[dx100uk]

you don't use any forms 

you enter the 2 or 3 lines defence online 

either at MCOL or the new site

[Rincon]

I can not get back on to the MCOL site it keeps flagging error or sending me back to HMRC and my tax details?

So I can't submit any defence electronically at the moment.

However it did confirm the AOS when I first logged in a week ago.

[dx100uk]

that's ok 

MCOL usually has hissy fits at the W/END

and you don't need to file your defence until day 33 anyway.!!

 

.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.
.

 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
https://www.consumeractiongroup.co.uk/topic/409718-cpr-3114-request-to-use-on-receipt-of-a-ppc-private-land-parking-court-claim/

 

type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
 

[Rincon]

Ok. Will try a different browser for MCOL

[dx100uk]

probably wont change anything

you've no rush as long as you AOS by day 19 in the count as detailed at the base of post 33

MCOL gets reset Monday am

[Rincon]

I did the AOS a few days ago, only need to acquire some relevant images.

[ericsbrother]

post them up asap, the more we have to go on the better the wording fo teh defence and that may well make them drop the claim earlier to save them money once they know they are rumbled

[Rincon]

I take it you mean post to this site first? Still to get images. I am doing my best.

[dx100uk]

well where else do you think we mean?

cant help if we haven't the info for the members to view..

 

you did send CPR yes too?

 

dx

 

[Rincon]

Dx100uk. Point taken. I wasn't  sure that Ericsbrother was up to date with all my posts that's all. 

Singing from the same song sheet, so to speak and yes I have sent CPR.

[ericsbrother]

exact wording of the Particular of Claim will also be helpful to rubbish it as suggested but that rarely wins a case even though it should.

 

The contrcat and whether it was actually properly offered and accepted is the main point of this

 

if you cant see the signs from the public highway we want pictures of the entrance to the land that shows you cant see anything so cant consider and accept the offer.

 

Multiple signs around the place dont count for much if there is no warning at the entrance

[Rincon]

Ericsbrother: as always thank you the info' just getting a few bits together to visit the area; by bicycle. Should have images by teatime.

 

 There is a notice at the entrance, no ref. to parking within bays until the notice inside the area. See attached

 

Bear with me can't upload images

[dx100uk]

don't want images

one multipage PDF ONLY please

read upload

[Rincon]

Have converted jpg to PDFs but I am unable to save or send them other than email? 2011-Apple iPad 

[dx100uk]

have you not got drag files here at the bottom of the msg box?

one multipage PDF not several.

 

dx

 

[Rincon]

I haven't but I've just had a response to the CPR 31. 14 from GLADSTONES with A4 pictures of the notices split up, although it doesn't demonstrate whether you can read them  from the drivers position. I've got docuscan so I will see if I can get them to you that route.

 

thanks as always 

 

Just spent a couple of hours on laptop converting to PDFs to then get locked out of my account. Determined to sort this out or I will boxing their ears myself.

[dx100uk]

the pix of the signs wont be the actual signs I bet.

 

[Rincon]

Ha ha.

Nothing gets past you.

 

What they have done is taken the notices and produced A4 copies having cut the signage into sections suggesting that is what is visible not what you actually see.

 

There is also one that refers to pre-authorised vehicles or something which definitely doesn't exist.

 

Its the software they have sent to the printers.

They have also added a picture of my daughter with her shopping??

(at least it shows she was using their retail outlets!!)

 

They have also suggested settling for a reasonable amount, whatever that is?,

 

I  have pictures of the signage in PDFs on another PC as requested, so hopefully when I've got it exactly right.

 

I will upload it.

 

Many thanks.

[Rincon]

here

 

IMG_1271.pdf

[ericsbrother]

I need to see that red lettered sign in close up and we need to see the site from the perspective of the drivers position as if turning in from the public highway. Your pictures are all disjointed so not easy to appreciate their meaning.

If this means another visit then do it, all worth it in the long run

 

the sign I refer to has terms on it that may well trump the other signs and there is no mention of paying anyone £100 for anything from what I can see but I cant read it properly or see who is offering tose temrs.

If it is a different company even better.

 

You will need to read up on "invitations to treat" and especially how they apply to parking signs as many a case has been won because the first sign you see says "terms apply" and then don't include the terms but rely on something elsewhere and that appears to be the case here.

 

Now read the Parking Prankster's blogspot and learn.

Also copy all fo the cases that are relevant as you will be using them in your evidence

[Rincon]

Two of the PDFs do show the entrance sign from the drivers position . I stood in the centre of the road to take them. Ok I have the A4 bumph from the solicitors to refer to. Thanks as always