EPC/Gladstones claimform - Maghull Centre, merseyside

[Karmakat]

I have received a claim form for a request to go to small claims court for a parking violation (parking outside a marked by) on private land.

They are pursuing myself as the keeper.

There are 3 drivers to my vehicle.

 

I have followed your threads and posts so far and have logged on to MCOL sent my acknowledgement of service.

Submitted your basic on line defence,

and issued 31.14 to Gladstones and Claimant Euro Parking.

 

1 The claimant and the Solicitor acting for the claimant have failed to respond to the CPR 31.14 sent to them requesting any paperwork supporting their claim or show locus standi by way of an assignment by the landowner to them to enter into contracts and to make civil claims in their own name.

 

2 It is denied that any 'parking charges’ are owed and any debt is denied in its entirety because no keeper liability so no cause for action against the defendant.

 

 3 It is denied that the Defendant parked in Maghull Centre at the times mentioned in the Particulars OR the Defendant is unable to admit or deny the precise times he was parked in Maghull Centre as he has no recollection of this. The Claimant is put to strict proof of the same.

 

4 I dispute in its entirety that the driver has agreed to pay the PCN or has had any contact with the claimant.

The Claimant is put to strict proof of the same.

 

5. No enforceable contract offered at the time by claimant so no cause for action can have arisen. 

 

I have now received a Directions questionnaire requesting no mediation and for the matter to be dealt with by papers.from Gladstones. Should I respond to them or await simliar form to be posted from the court.

Many thanks

Bob

[Karmakat]

Thank you for the post.

Unfortunately I have already submitted this defence on-line to the court.

Going forward I will post you before I submit anything else.

I will await the directions questionnaire from court, and complete accordingly.

Is there anything else I should or should not do in the meantime.

 

[Karmakat]

Hi Eric's brother.

I'm enclosing some paperwork, and have completed the details you requested.

I cant see anywhere on their letter that states its a fine.

 

Name of the Claimant Euro Parking Services

claimants Solicitors: Gladstones solicitors 

Court Claim Form Date of issue 8/4/2019 

Please type out their particulars of claim

 

The driver of the vehicle with the registration xxx (The vehicle) parked in breach of the terms of the parking stipulated on the sign-age (the contract) at Maghull Centre, on the 4/8/18 thus incurring the parking charge (the PCN)

 

. The driver of the vehicle agreed to pay the PCN within 28 days of issue yet failed to do so.

 

The claimant claims the unpaid PCN from the defendant as the driver/keeper of the vehicle.

 

Despite demands being made, the defendant has failed to settle their outstanding liability.

 

THE CLAIMANT CLAIMS 

£100 for the PCN

£60  contractual costs pursuant to the Contract and PCN terms and conditions,

together with statutory interest of £5.69 pursuant to s69 of the County Courts Act 1984 at 8% per Annum continuing at  £0.04 a day

 

What is the value of the claim? £240.69

 

The claim was issued through the post by Euro Parking Services

, Gladstones have now taken over recovery of costs and legal action.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I received a LBC letter from Gladsontes nothing else.

 

Many thanks for your help and tips. 

 

 

 

 

 

 

 

[Karmakat]

Amended PDF's Apologies for error.

Court claim form.pdf Letter before claim.pdf Letter before court.pdf NTK.pdf CPR 31.14.pdf

[Karmakat]

Hi Eric's brother,

Sorry I didn't realise that would be a factor. The photographs are all marked at 10.23 the NTK from Euro Parking states date of  issue was on the 4/8/18 at 10.25.

The final reminder from Euro Parking states date of issue was at 27/9/18 10.18..

You are brilliant didn't even spot that.

(I'm doing paper leg work for my husband who is the car keeper,  he is in his seventies and the computer etc is beyond him, he'd happily have just put his head in the sand and thrown paperwork in the bin)

Another private parking co in Maghull that has been issuing tickets like confetti has had all its signs taken down ...Coach and horses pub car park . Due to complaints from residents and customers.

Sites like yours show the little person that they can take Goliath on.

 

 

[Karmakat]

Hi Erics brother. Im not sure when the event happened. I assume it was on the 4/8/18 as that was the date on the photographs, I am sending NTK again with dates showing the event as the 4/8/18 and the date of issue/sending as the 27/9/18.

I haven't kept envelopes and only had a letter before claim from Gladstones in my file, before the claim form. so I dont know what date the NTK was received. or if it was sent.

Many thanks.

NTK with dates.pdf

[Karmakat]

Nothing was put on the car, and It is not on the photographs they submitted.  I will see the site manager with regards to the CCTV.

Just to clarify. If the Event happened on the 4/8/18 and they issued the NTK as dated on the 27/9/18 is that after the 14 day deadline. Or is this a different time frame.

[Karmakat]

I have tried to track down a site manger but it appears the site has been sold again - London and Cambridge properties. 

I have spoken to a local councillor Tony Robertson, he advised that the council are responsible for the CCTV cameras, and to contact the council switchboard. I have rang the switchboard and  spoke to a general operator who advised me to write in requesting the information. I will advise when I receive a reply.

Of the three people that drive the car, there are two main drivers no-one has seen a ticket put on the car at any time.

[Karmakat]

Hi erics brother, thank you for the defence feedback re the no ticket and the NTK being issued too late.

Thank you too Ste 2562. I will read through thread tonight.

My Husbands away at the moment so I will ask him to contact DVLA when he comes home.

I have received the directions questionnaire from the court. So before I post.

I am saying no to mediation, and that I want it it heard at my local county court, as I want to cross examine their witness ?

I then send a copy to Gladstones? and Euro Parking

 

 

[Karmakat]

Thank you I will do that.