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    • I would not be saying anything to the magistrate other than your statement.
    • This forum sticky doesn't address the settling with the prosecutor but covers the court hearing if it gets that far.     HB
    • If you want to negotiate with the prosecutor, you need to be able to pay cash, yes.   I can't remember if it's a week's wages plus the missed fares and admin costs, hopefully someone else does.   HB
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Karmakat

EPC/Gladstones claimform - Maghull Centre, merseyside

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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

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point 2- no liability created under the POFA

3 do not play grandmothers footsteps with this, you state that you werent the driver at the time and leave it at that if that is the case. the judge will read your version as incredible as evidence and may well weight the rest of your arguments based on your diinclination to remember key events

 

if you ahve already submitted this to court them you will be grilled on this point and may well lose.

Now, yu do not respond to Gladdys, you wait for the court to send you the directiosn questionnaire and you say no to mediation and then add that you wnat the matter heard at your local county xcourt as you intend to cross examine their witness (if you feel like saying anything in the relevant box)

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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.

 

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Read plenty of similar threads here to familiarize yourself with the system.


My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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yes, you gather your evidence so pictures of where your car was parked, pictures of the signage there and a scan of their screen ticket and/or NTK with your personal details redacted. You will need these at the hearing and as the place is notorious for its poor signage ( large areas where no sign is visible, incoherent rubric etc) so read up on other cases from there here and in the Parking Pranksters blogspot.

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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. 

 

 

 

 

 

 

 

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our point about askinmh where it mentions fine is because we know that it isnt and are trying to gte you to read things carefully and report them exactly rather than just saying things that arent true but are understood by many to be the same when they arent.

 

now as they have refused to send a copy of their contract and the planning permission you can say that you do not belive they have the authority as they refuse to provide sight of the same and thus they have no locus standi and cause for action in this matter. Because you jumped the gun with your outline defence you are going to have to shoehorn this in later rather than making it a stand alone point that would at least get the judge demanding to see their authority before they utter a word.

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the whole point of asking to see these was to determine if they had got their dates right and you have hidden the date and times of the event in the NTK

 

however, the wording of the NTK doesnt create ANY liabilty to pay them let alone a keeper liability so tell us the time and date and we can then help you with the wording for your outline defence that will include a rubbishing of gladstones scribble  that may well have cost them any chance of success before the starting gun has even been fired.

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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.

 

 

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ericsbrother was asking for the time and date of the event, as shown on the NTK, not the date that it was issued. 


My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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yep, date of the event and date you received the NTK ( assume 2 days after issue unless you can show or remember otherwise. Mrs EB got an NTK dated the 29th Apr that has the postmark 3 may so actually sent outside of the prescribed period, they just tell lies to make it appear they are inside the law

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Always handy to keep envelopes that contain stuff like NTK, as the postmark can be compelling evidence.


We could do with some help from you.

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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

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did they slap a ticket on the car because you havent mentioned this but they refer to the date of issue.

 

you should also speak to the site manager at the Maghull centre to see what CCTV they have so you can determine whether any activity around your vehicle can be seen. As this was a year ago the chances of them keeping anything is very slim but worth asking. You could possibly state that  there is no evidence that the EPS operative did place a NTD on the vehicle and let them show you what they have (often the "disappearing ticket" is photographed and them removed to avoid giving you tiem to appeal within the discount period)

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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.

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IF they slapped a ticket on the car at the time then they have to isue the NTK between 29 and 56 days after the date of the event.

The wording of the nTK makes it seem like they are referring to the non payemtn of a NTD( car ticket) so we ned to be clear

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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.

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then that will be part of your defence, no ticket on vehicle and the NTK was issued too late to cretae a keeper liability.

In the meanwhile you check with the DVLA whe your detailes were accessed, by whom and for what stated reason

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Hi Karmakat...check out my thread...i parked behind the HSBC bank in oct 2016 and got a ticket for not displaying a permit....read the whole of my thread...i took the parking company to court after they discontinued at the last minute and won costs for loss of earnings...take all the advice you can get from the members on this site especially ericsbrother...good luck.

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here

 

thanks ste


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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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

 

 

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write to DVLA as if you were your hubby.

N180

3 copies

no to mediation

1 wit him

 

1 to court

copy to gladdy's minus email /sig/phone

1 for his file


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thank you I will do that.

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