EPS ANPR PCN - ignored LOC now Claimform - - 29 sec stay! - Shoulder of Mutton , Birmingham ***Claim Discontinued***

[kfdh1962]

Hi all. 

i received a PCN notice to keeper from euro parking services and the appeal deadline is 10/03/21. i had intentions of dealing with this sooner but the sudden death of a close family member side swiped me and i have only just got to a position where i am able to spend time on this.

 

i wish to appeal this charge and i am looking for some guidance on what should be stated in my initial appeal to the issuer. I have completed the questions below in the hope that some one can offer some guidance

 

thanks in advance. 

 

For PCN's received through the post [ANPR camera capture]

 

 

1 Date of the infringement

18/02/21
 

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

23/02/21
 

[scan up BOTHSIDES as ONE PDF- follow the upload guide]

please do not put JPG Picture files into your post

 

3 Date received

25/02/21
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]

yes
 

5 Is there any photographic evidence of the event?

yes, two pictures supplied, one entry and one exit timed at 29 seconds apart
 

6 Have you appealed? [Y/N?] post up your appeal]

not yet , deadline is 10/03.21 , not been able to attend to this sooner due the bereavement of a close family memeber
 

Have you had a response? [Y/N?] post it up

Give answer here
 

7 Who is the parking company?

Euro Parking services

 

8. Where exactly [carpark name and town]

Shoulder of Mutton , Birmingham
 

For either option, does it say which appeals body they operate under.

IAS

 

 

 

[kfdh1962]

i did indeed , 18:17: 37 to 18:18:06.

 

So i shouldn't appeal , is there anything i should be doing or do i just wait and see what they do next ?

 

 

 

[kfdh1962]

they claimed the vehicle was parked without permission , and is the car park for patrons only is pretty much the flavour of it 

 

i was reading some BPA guidance on the requirement re 10 minutes grace periods ,

 

i will do as you all suggest and sit tight . thanks for the guidance, its much appreciated   

[kfdh1962]

Gladstones did send a letter , which i think was the letter of claim  you refer to prior to court action , but i didn't respond or pop back here at that time as i was dealing with a lot of issues connected to my mothers care.. 

 

i now have the claim forms and response pack from the courts which were issued on july 8th 2022 so im looking for some guidance on what i need to do 

 

 

Edited July 12, 2022 by kfdh1962

[kfdh1962]

 

here are the details requested ........

 

Which Court have you received the claim from ? County Court Business Centre , Northampton N1N1 

 

Name of the Claimant : Euro Parking Services Ltd

 

Claimants Solicitors: Gladstones Solicitors Ltd

 

Date of issue – 8th July 2022

 

Date for AOS - 26th July 2022 

 

Date to submit Defence -9th August 2022

 

 

What is the claim for – 

1.the driver of the vehicle with registration XXXXXX (the 'vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at Shoulder of Mutton thus incurring the parking charge (the 'PCN').

 

2.The PCN was not paid within 28 days of issue.

 

3.The Claimant claims the unpaid PCN from the Defendant as the driver/keeper of the registered vehicle.

 

4.Despite demands being made the Defendant has failed to settle their outstanding liability.

 

5.THE CLAIMANT CLAIMS  £100 for the PCN,

£60 contractual cost pursuant to the contract and PCN terms and conditions,

together with the statutory interest of £16.53 pursuant to s69 of the County Courts Act 1984 at 8% per annum continuing at £0.04 per  day

 

What is the value of the claim?

 

 

Amount Claimed   £176.53

court fees               £35

legal rep fees         £50

Total Amount         £261.53

 

 

redacted.pdf

[kfdh1962]

noted , is there a way i can remove that attachment that is not properly redacted ? its been a while since i posted on here so not familiar with how to do some of these things

[kfdh1962]

57 minutes ago, brassnecked said:

have redacted it deleted the original and uploaded a replacement

 

 

thank you brassnecked, very much appreciated

[kfdh1962]

dx100uk.

 

thank you for that guidance. I have accessed the MCOL site and completed the AOS as you outlined. will get the  CPR31:14 off  ASAP

 

thanks for the help

[kfdh1962]

thanks dx.

 

CPR31:14 has been sent off to the solicitors, unsigned and sent  recorded delivery 

 

I will take a read on a few other parking threads as you suggest and also read additional information on the previous links .

 

In respect to the defence ill come and take further guidance on that from you all.

 

Thanks again everyone for your advice 

[kfdh1962]

good evening all, 

 

just popping up a post to update you all. 

 

first of all, no response has yet been received  from Gladstone's Solicitors to my CPR31.14 request sent on July 12th 2022, i was picking up the vibe  that i probably would not get any response to that request and so not to wait on it 

 

Having been away for a short family break holiday i am now focusing on getting the defence submitted ahead of the August 9th deadline

 

As suggested i spent some time looking back through the link that was shared and also reading some other threads

some time reading back through the link that was shared earlier in this thread. 

 

if my understanding is correct then a broadly generic defence is submitted , tailored where possible, and then flesh things out at the witness statement stage 

 

here is the draft i have so far.....

 

The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. It is admitted that Defendant is the recorded keeper of the vehicle. The Claimant is not in a position to state if the Defendant was the driver at the time

 

2. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land.

 

3. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract.

 

4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant

 

5. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 

 

6. The Claimant is attempting double recovery by adding an additional sum not included in the original offer There are no contractual costs and interest cannot be accrued on a speculative charge.

 

7. Not withstanding the above on 12/07/2022, the Defendant made a request pursuant to CPR 31.14 for the Claimant to disclose the necessary evidence in support of their claim. To this date the claimant has failed to respond to said request.

 

8.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

 

 

 

The issue of deminimus is applicable in by particular situation , do i need to speak to that in my defence in any way or leave that for the witness statement

 

Other  than the claim paperwork ,   i am not currently able to locate any of the original letters sent by euro car parks (but i am still looking) so i was hoping that they would comply with my CPR31.14 request 

 

 

would appreciate some guidance on the above draft

 

thanks in advance

[kfdh1962]

thank you for the guidance DX and FTMDave , so using the information from the sticky as indicated the  defence will be as below  :-

 

The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1.  The Defendant is the recorded keeper of [details of vehicle)].

 

2.  It is denied that the Defendant entered into a contract with the Claimant.

 

3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim. 

 

4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

 

5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 

 

6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

 

[kfdh1962]

thanks all, i will go ahead and submit the more generic defence to MCOL today  

[kfdh1962]

defence was submitted , received a letter from the courts acknowledging receipt of defence , also received an e mailed letter from Gladstones confirmed their intention to proceed and inviting me to pay.

 

I also received  a separate communication responding to my CPR request and sending the requested information including the PCN .

 

Will properly redact all and post up later 

[kfdh1962]

3 hours ago, brassnecked said:

Oh no you gave Gladdys your email, not good, that allows them at final stage to send you stuff at 23:59:59 the day before a hearing that they have sent to the court giving you no time to respond.  email them followed up by a letter posted with Free Proof Of Posting that you accept correspondence In Writing only and any emails from them are now blocked and will bounce. 

 

i had put my e mail address on the MCOL , i hadn't twigged that i could/should withhold that , will do as you suggest re sending that letter , thank you for the direction 

[kfdh1962]

It's very strange....my only previous comms with Gladdys was my CPR 31.14 request , that was made in writing and did not have my e mail details on so really have no idea how they have that if they cant see that detail on the MCOL. 

 

In any event have done as suggested and notified them now that all communications sent by post only 

 

 

 

[kfdh1962]

i have notified Gladdy's of the requirement for all future correspondence to be sent by post and blocked them. 

 

in the 2 e mails i received , one had a copy of their N180 directions requesting allocation to small claims track , ticking to agree to mediation , inviting me to settle etc. The other was response to the CPR31.14 request 

 

That contained copies of all of the pcn letters and letter before action, copy of the contract between euro parking and shoulder of mutton together with copies of signs and a map showing signage locations. proof of planning permission not provided (but they stated it is available if court requests it)..

 

Reading their contract, against the section entitled "free stay period" , it clearly states that non patrons have a 5 minute grace period and that charges only apply if that is breached . Time stamps on the pictures confirm just 29 seconds between start and end

 

There are issues around signage as well, which the maps sent to me nicely demonstrate.

 

i will post up the parking charge letter as requested previously once redacted and anything else anyone thinks would be useful to see and will read up again on witness statements. 

 

Thank you all for your help so far 

 

 

[kfdh1962]

case status summary  on MCOL  is defence received and date , DQ filed by claimant on 19/08/2022, DQ sent to to me on 19/08/2022

 

will take care of those reference numbers i missed and repost all the documents 

[kfdh1962]

the claim is for parking on private land , land belonging to a pub so then its no to mediation is that correct ?

 

 

[kfdh1962]

completed small claims direction questionnaire, these are being sent off today.

 

i have redacted personal details other than my name and address on solicitors copy , assuming that is okay to do having already told them all communication to me needs to be to be in writing. 

 

have attached the information sent to me via gladdy's,

 

there were one or two other camera images but just showed more of the same within the times on the PCN

 

 

 

CPR Retur n.pdf

[kfdh1962]

are these points you highlight things to include in the witness statement ?

 

i sent back the completed questionnaire with copies to gladdy's all recorded delivery last week , no updates on MCOL yet 

 

Edited November 21, 2022 by dx100uk
unnecessary previous post quote removed

[kfdh1962]

hi 

i received a copy of paperwork just a day or 2 ago from Northampton county courts  , i don't have that to hand right now but essentially it was giving the claimant until November 27th to pay a fee of £27 and provide all the information requested by the courts otherwise risk case being struck out.

 

i will post up exact wording and details later , have been laid up with the flu so not got around to this over the last few days  

 

[kfdh1962]

DX , there was  date ref exchange which i think it was December 12th or 13th but will check that date when i get home later and confirm 

Edited November 16, 2022 by dx100uk
unnecessary previous post quote removed

[kfdh1962]

so paperwork was confirming receipt of allocation to small claims track , hearing date confirmed for March 2023, all documents to be relied on in the hearing witness statements etc to be delivered to courts and other parties by December 13th 2022

[kfdh1962]

the contract document already redacted on the copy i received , i didn't make any further redactions. I am not able to determine who signed for either the client or EPS

 

the dates alongside the redacted signature are showing as 03 July 2019 for client and 19 july 2019 for EPS

[kfdh1962]

i am currently working on my witness statements taking some guidance from those on other threads were there are some similar issues to reference, and will share that for comment in due course 

 

thinking back to a previous comment from lookingforinfo , where it was mentioned that the PCN is incorrect in that they had quoted section 14 instead of section 9 and only provided 21 days.

 

how is that categorised ? non compliant PCN, then detail the pcn issues i.e wrong section , insufficient time periods etc