Help: Claim Form Issued by Gladstones for Euro Parking Services Ltd

mark_powers

Hi, I hope you can help me please.

I have received a County Court Claim form from Northampton and I need some advice on putting forward my defence.

The story so far: Last year my car stopped in a Euro Parking Services controlled car park. Having no change, the driver went into a local business to see if they could get some. They couldn't get any change so returned to the car to find a parking attendant taking pictures. Without saying a word the driver got into the car and drove away. It was probably in the car park for all of 10 minutes. No ticket was issued at the time but 2 months later I received a properly formatted NTK from Euro Parking. This included the photos and all the relevant details that conform to the POFA as far as I can tell from my research on this forum. The exception being the date. For the keeper (me) to be held liable, the NTK needs to be issued within 15 days of the parking event does it not? So on this detail alone the case should be thrown out. Or is that not enough?

Furthermore, the photos show that the car is not stationary as it has moved between pictures. This contravenes Schedule 4 (7) 4b of the POFA for the issue of a ticket in the first place.

Upon receipt of the NTK I wrote a letter of appeal to the PPC based on the templates on this forum. The next I had was a Letter Before Claim from Gladstones. I sent them a copy of my appeal to the PPC. Their response was that I was out of time for appeal and they also had answers to my other points e.g. The sum is disproportionate, does not represent a genuine pre-estimate of loss, nor is it a core price term: The sum is extravagant and unconscionable and cannot be justified: There is no evidence that you have any interest in the land. I will complain to the landowner about your aggressive ticketing. etc.

They did not address the question of the date but stated that their client had issued a ticket and NTK but not heard anything from me.

I responded with refutations of my own giving them 7 days to respond. The next thing I get is the County Court Claim. I will acknowledge the Claim in order to get the time to prepare a defence.

Throughout my correspondence I have not mentioned who the driver is.

Any advice from the experts here would be really appreciated. Thank you.

System

I hope your name is not Mark Powers because if it is, you have just identified the driver when there was no need as Euro failed to meet the requirements of "Keeper Liability."

You may want to take down your thread or edit your statement.

mark_powers

Hi and thanks. I am not Mark Powers

System

NTK needs to be issued within 15 days of the parking event does it not?

For ANPR it's less than 15 days. For a paper ticket its less than 57 days. Check with the DVLA Fee paying section who and how often your VRM was accessed. If they have left it too late (and the DVLA confirm this) then no Keeper Liability.

You should also find out who hired them and get them to cancel or a letter saying they have requested a cancellation. That kills it too (thank you Mr Beavis)

mark_powers

I'll check with the DVLA as you suggest. Gladstones claim that Euro requested my details from DVLA the day after the parking event and issued a PCN as soon as the details were received. However I didn't get a PCN at all and the NTK didn't arrive until two months later. The NTK Date of Sending is two days before I received i.e.. 2 months after the parking event! So even if they did request my details soon after the event, the date of issue of the NTK, going solely by the dates on the document itself, is 63 days late.

System

Gladstones claim that Euro requested my details from DVLA the day after the parking event (22/07/15) and issued a PCN as soon as the details were received.

Keep that letter or email. They will claim a "drive-off" so there MUST be a ANPR type ticket (under 15 days) for Keeper liability to apply so they are stuffed since they took so long.

So all this is a hassle to see if someone will cough up to being the driver.

When you get the DVLA results back you can complain to the DVLA about claiming KL when it clearly does not apply and ask the DVLA what they intend to do about it.

Guys_Dad

mark_powers wrote: »

I'll check with the DVLA as you suggest. Gladstones claim that Euro requested my details from DVLA the day after the parking event (22/07/15) and issued a PCN as soon as the details were received. However I didn't get a PCN at all and the NTK didn't arrive until the 24/9/15. The NTK itself has the Date of Sending written on it as 23/9/15! So even if they did request my details soon after the event, the date of issue of the NTK, going solely by the dates on the document itself, is 63 days late.

Have you got that bit in writing? Because that means the PCN was not completed on the day and in no way can it have been brought to the attention of the driver at the time.

They are trying a scam and should be told as much.

mark_powers

Yes I've got that in writing. I don't honestly think Gladstones expect to win but I've still got to put a defence together as it looks like they want to go all the way regardless. I've not heard a peep from Euro. Incidentally the claim is being brought by Euro not the landowner. Despite my request, I've not had any evidence that they have any authority to act on the landowner's behalf.

Redx

this is typical of gladstones encouraging a PPC to make a court claim, claiming their own fees regardless and the PPC probably losing, which seems to be reported a lot by prankster on his blogsite

so S.S.D.D.

http://parking-prankster.blogspot.co.uk/2016/02/picture-of-week-filing-claims-is.html

http://parking-prankster.blogspot.co.uk/2016/01/latest-gladstone-court-debacle.html

mark_powers

Yes, I'd seen that too. I reckon it's best just to let it go to court. That way the PPC loses and another failure by Gladstones can't be good for business either.

Guys_Dad

Your get out is that the PCN was not completed till after the event. That make it invalid. If it was valid, they would not be entitled to get your details from the DVLA for 28 days.

Instead, they went to the DVLA within 2 days. But then they failed to send you the NTK within 14 days so POFA does not apply.

Read POFA sections 8 & 9 and you will see that they have completely mixed and merged the 2 different cases.

That is your major defence point.
"The PPC failed to follow POFA 2012, no driver has been identified and I can not be held liable as registered keeper because of their failings.!