Parking Ticket - Overstayed 6mins

Coupon-mad · 2 July 2017 at 8:52PM

And email a copy to the other side - everything has to be sent to the other side now (and keep proof).

Loadsofchildren123 · 2 July 2017 at 11:16PM

Court counters close at 2. So if you deliver after 2 you have to put it in the letterbox and it is marked as received the next day (and you don't get a receipt). It's fine to do this but take it in an addressed envelope.

presc · 4 July 2017 at 6:35PM

Thanks a lot for the information. It's all submitted and emailed to Gladstones too!

Surprisingly, I actually got an email today from Gladstones with their WS, meaning they're actually on time

Nothing in their WS seems to address the grace periods, so I don't know what they're up to. It seems like they are really just want to prove that they can issue tickets, which I'm not challenging anymore, because they have now gave some info on this.

Here's a link to their WS:

If anyone wants to have a look at it, I'd appreciate any comments that could be useful for us when writing the skeleton up.
(they have also attached photos of the car at the end which I have deleted from this copy)

EDIT: removed the link

Quentin · 4 July 2017 at 11:22PM

You do need to remain anonymous here (the ppcs monitor the forum and can and do use your posts against you)

The ppc involved here can identify the defendant from the WS you have linked to (there is quite enough info on show for the writer to see who the defendant is, despite your attempt to anonymise it)

Coupon-mad · 5 July 2017 at 12:29AM

presc wrote: »

Here's a link to their WS: https://drive.google.com/file/d/0B4xafceu0HSBMEItWEY3QlRhQ0U/view?usp=sharing

If anyone wants to have a look at it, I'd appreciate any comments that could be useful for us when writing the skeleton up.
(they have also attached photos of the car at the end which I have deleted from this copy)

In the skeleton argument, go in strong on 'grace periods' seeing as they've offered no reply to your defence on that point - so the floor is yours! Push the point home, with evidence in the form of the relevant section of the applicable IPC CoP.

Also, did you notice that the so-called landowner contract was drawn up by ES Parking themselves as a template document (you can tell by the standard lecturing wording - e.g. cancelling aPCN is ''frowned upon''!). It omits the information that would have been expected to be somewhere in the agreement, about the agreed grace period, how much they can charge, exemptions, any concessions, the start date & expiry date, etc.

And even more surprisingly the 'proprietor' is shown as...allegedly...another private parking company.

I can't see TCP Solutions are likely to be the landowner. I would pay £3 for the Land Registry full register of that land, who owns it, and append that as evidence to your skeleton (assuming, as suspected, that the LR records show the landowner is another party).

Then add the £3 into your costs schedule with everything else, all your costs, and be ready to file that schedule with your skeleton, a few days before the hearing.

presc · 5 July 2017 at 8:35AM

I have now removed the link, hopefully it's all good.

Thank you for all the advice, I still have some time before the hearing, so first I was thinking of waiting to see if they even bother to pay the court fee. If they do, I will still have plenty of time to prepare the costs schedule and the skeleton.

Interesting about the landowner, seeing that they still try to take it to court, I would imagine they do show some kind of serious evidence. I wouldn't even think that what they provide is not the case. I will definitely have a look at it after work, thank you!

Quentin · 5 July 2017 at 10:36AM

presc wrote: »

I have now removed the link, hopefully it's all good.....

Not yet

Hopefully cm will see this and remove the link still on show in her #86

presc · 5 July 2017 at 11:04AM

Thanks for the heads up Quentin! I previously removed the link from my google drive, but it was still active "from the bin". I now deleted the file permanently on my drive, so it no longer should exist through that link.

Loadsofchildren123 · 5 July 2017 at 11:19AM

Don't wait to get the Land Reg document revealing the true owner. It's only £3. If you get it late then the C can legitimately complain that you ambushed them with it. it's only £3, and the plan is £3 (probably worth getting the plan as well so nobody can say you searched the wrong area of land).

Someone on another forum did a belated LR search and the landowner of that particular plot of land was a completely different and unrelated entity to the one which owned the rest of the land and had entered into the parking contract. So in her case it was £6 very well spent because it shows the parking contract cannot possibly apply to where her car was parked and the C has no case to bring.

If the document reveals it's a different owner, send it to the solicitors and invite them to immediately withdraw the claim. If you want an immediate withdrawal the quid pro quo at your end is (usually) to agree to drop any costs claim - don't offer this, wait for them to ask (they may forget, discontinue the claim and then you can still ask for costs - if they do ask then if you don't agree they are likely to chance their arm and go to court, where of course you will then play DJ Bingo and may or may not win, even on this point - early days perhaps to be having this debate but just thought I'd flag it up).

presc · 5 July 2017 at 6:38PM

Just had a look at the HM Land Registry.
This is interesting, no where in their WS (or any letter from them) I can find the exact address for the parking. All I get is the street name and a postcode.

Turns out, there's 17 properties on the registry for that postcode. Stuff like train station or a pub are definitely not it (go figure), but all other entries (10) are just street numbers with no indication of what they actually are. Am I supposed to just drop up to £30 to hope that one of them will be it?

I don't understand how they can possibly go to court, claim that the owner of the land is XXX, where they don't even provide exact street number? Can the guy be the owner of the whole street?

Parking Ticket - Overstayed 6mins

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