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

 

 

 

[dx100uk]

you don't appeal ever!

 

you say 29secs???  in/out...

[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 ?

 

 

 

[dx100uk]

there is a minimum 10 min grace period in all private carparks UK wide.

you don't need to do anything no.

 

if par chance you ever do get a letter of claim

then pop back here.

 

i mean we could have a laugh with them....but as the whole process to date has been purely automatic .......

[FTMDave]

Don't appeal!  The fleecers are only interested in £££££, they never, ever, ever accept appeals - ever.  Plus you could throw away your POFA 2012 protection.

 

As dx points out, their whole case is pants, just ignore their tripe for the time being.

 

But come back if you get a Letter Before Claim/Letter Before Action.

[lookinforinfo]

What did they claim you did that even only being there for 29 seconds was enough to warrant a PCN?

[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   

[lookinforinfo]

You should apply to the Guiness Book of Records for being "parked"for 8 seconds while entering and leaving a car park.   Obviously you cannot have parked there- the most you could have done is stopped for a few seconds before leaving. 

[brassnecked]

They are on a hiding to nothing chasing that

[AndyOrch]

Open

[dx100uk]

well what going on?

 

dx

 

[brassnecked]

Have they sent Letter Of Claim?

[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

[honeybee13]

If it was a Letter Before Claim, it should have been headed that.

 

Could you let us have the answers to the questions in the forum sticky please? This will help us to guide you, please don't wait too long because there are things you need to do soon.

 

 

HB

[FTMDave]

If you ignore a Letter of Claim then the fleecers generally think you might ignore a claim form too and they will win by default.

 

That's why lots of us said to come back here straight away if you got a Letter of Claim.

 

That doesn't change the fact that their case is absolute pants, just you'll now have to bat it away as a court claim rather than stopping the case from ever getting to court.  Please give us the information that HB requested.

 

 

[brassnecked]

Please fill in the sticky linked by Honeybee13

 

[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

[FTMDave]

The claim number, your address and the vehicle registration are clearly visible.  I reckon in time I could work out your name too.

 

Do you really want the fleecers to be able to I.D. you?

 

Simply following the upload guide provides links to free sites where you can redact things properly.

[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

[brassnecked]

have redacted it deleted the original and uploaded a replacement

[dx100uk]

pop up on the MCOL website detailed on the claimform

.

register as an individual on the Gov't Gateway Site
Go to HMRC's login page.

Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...

You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 

then log in to the MCOL Website

.

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

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-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.

………….
 

 

dx

 

[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

[dx100uk]

ok now get reading up

use our enhanced google searchbox

PCN Claimform

 

and read a good few 10's of threads.

 

so you know what comes next

how to respond

and what to do before and during each stage as the claim progresses.

 

BUT do not do anything without checking here 1st.

 

your next task, as you've correctly dated, is the filing of your defence

do not miss that no matter what does or does not happen.

 

the link you filled out giving the details of the claim, has more info further down upon this next stage.

 

dx

 

[lookinforinfo]

I note that  you didn't post up the PCN you received for overstaying your welcome by 27 seconds.  Could you please post it up here as it may not even comply with PoFA 2012 which could be of additional help for you. I  hope you still have it as your local newspaper would love to have a story like that to give the whole area a laugh at Euro park's expense. You never know the embarrassment might force them to cancel  it.