Part 18 Gladstones/Millennium Swansea

Hi,
I would appreciate any feedback on my part 18 request to Gladstones who are acting on behalf of Millennium in Swansea.

I’ll post it in my second post, first the facts:

The driver of my vehicle (2 people are insured on it but others drive it using their own insurance) was parked in a petrol garage forecourt in Swansea for about 13 minutes (or so?), unaware of the poor and hidden signage from Millennium. This was back in July 2015 when Millennium were part of BPA. The signs (found after the PCN was given) allow parking for 10 minutes without a permit, a windscreen ticket was given after 11 minutes for “no permit displayed” for £100. (In retrospect the driver thinks they saw the ticket giver grinning at them as they returned to the vehicle.) There are also very large signs at this location simply saying “no parking” (which the driver also did not see, although they should have!)

The driver unfortunately did not appeal and POPLA was not offered. Then a “notice to owner” was sent to me as keeper of the vehicle 3 months later for £150. I wrote to them pointing out that they had not complied with POFA and had no cause against me as keeper.

Debt recovery letters arrived & ignored, varying amounts.

LBC from Gladstones arrived Sept 2016. I entered into email correspondence with them, first pointing out the lack of POFA, then asking for many points to be clarified to align with practice direction (basis of claim and why I am liable, what was the action was based on – contractual charge, breach of contract, trespass, how the amount of money has been calculated and increased, and I proposed ADR)

Nothing from Gladstones until April when they sent 3 photos of my vehicle’s windscreen (no signage in the pictures because there is none visible from where the car is parked) and an email with lines like “Further evidence will be provided in our Client's witness statement should the matter proceed to court” and “The parking charge was £100 on issue. As you did not pay the charge within the 28 days allowed you are in breach of contract. Breach of contract entitles the innocent party to damages as of right in addition to the parking charge incurred. As you didn’t pay the charge the matter was passed to us and the debt has, as a result of this referral risen as my client’s staff have spent time and material facilitating the recovery of this debt. This time could have been better spent on other elements of their business. My client believes the costs associated with such time spent were incurred naturally as a direct result of your breach and as such claims them as a damage. The costs are a pre-determined and nominal contribution to the actual losses. Alternatively, my client does have a right to costs pursuant to the sign (i.e. the contract).”

They also say “As our client is not a member of the British Parking Association an appeal to POPLA is not possible. You had the opportunity to appeal, yet didn’t in the requisite time frame. In any event, had you appealed on the same grounds as you now do, it would have been refused. And, irrespective of whether any appeal was made or not, it would not impact on the lawfulness of the parking charge.”

I replied in less than 7 days requesting the same details as before (but not actually detailing them, referring to the correspondence below). They replied saying their LBC was compliant with practice direction. I replied politely in less than 7 days detailing the information I required.

NEXT THING – COURT PAPERS.

“The driver of the vehicle incurred the parking charges for breaching the terms of parking on the land at… The defendant was driving the vehicle and/or is the Keeper of the Vehicle. The claimant claims £125 for parking charges/ damages and indemnity costs if applicable….”