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

mark_powers

Ok, after thoroughly re-reading the POFA. My situation is this: There was no NTD issued as the car was driven away before one could be handed out or stuck on the car. In this instance Para 9 of the schedule applies in that the PPC can request the keepers details from DVLA and issue a NTK within 14 days of the parking event.
I received a NTK 63 days later (well out of time). So on this technicality alone I should win?

I would imagine the PPC will claim that a NTK was issued within the required 14 days but I either did not receive it or I am denying having received it. Therefore the NTK I did receive and will submit for evidence is merely a copy of the original.

My question is this: If they claim that the NTK is a copy, shouldn't the date of issue (on the copy) be within the required 14 days too? What if they produce a NTK with the correct date and claim that the re-printed copy I received accidentally had the current date (63 days later) on it. Might the Judge see that as a perfectly reasonable clerical error that doesn't materially affect anything. Being a mere technicality? How strictly do they adhere to the POFA? Playing devil's advocate, might I be seen as being pedantic in adhering to the letter of the law rather than the spirit?

mark_powers

The other pillar upon which rests my defence is that the claim is being brought by the PPC itself rather than the landowner. I have asked for some evidence that the PPC has the right to pursue this in court but have not received anything save Gladstones comment that they (the PPC) are acting on behalf of the landowner. I have heard of a case where the Judge summoned the claimants (the PPC) for contempt of court for acting and appearing on behalf of the landowner when their contract had no provision for them to do so. That case was in 2012 I believe. What are the chances that more recent contracts between landowners and PPCs include a provision for the PPC to represent the landowner in court?

ManxRed

VCS v Ibbotsen

Redx

remember one thing if nothing else, they have to PROVE their claim is valid

all you have to do is point out any and all errors that make it invalid

so failures under POFA2012
NTK flaws or errors
no locus standii
poor signage
failures with the CoP
not a gpeol (different to Beavis)

etc

they fail one aspect and their claim is dismissed

you dont have to prove your innocent or anything, but as they bring the claim they have to prove its valid and the correct person is the defendant

Coupon-mad

So can you confirm you have acknowledged the claim and left the defence box completely blank? Gets you 14 more days on top of the first 14.

Please show us the bullet point defence you have started to put together because we want to ensure you don't miss anything.

mark_powers

Hi coupon-mad. I didn't realise I'd had a further response to this thread. However, I can confirm that I acknowledged the claim and left the defence field blank. As of today, I have 4 more days to submit my defence. I'll upload my bullet points shortly.

mark_powers

Defence bullet points:

a. The claim is being made by the PPC rather than the landowner.
b. There is no evidence that the PPC has any interest in the land.
c. A PCN was not issued to the driver at the scene nor subsequently received in the post.
d. A PCN cannot be issued based upon the photographic evidence relied upon by the PPC as it contravenes the requirements laid out in Schedule 4 of the Protection of Freedoms Act 2012 para 7 for the issue of a PCN.
e. There can be no Keeper liability as the Notice To Keeper was issued 63 days after the parking event and therefore fails to comply with Schedule 4 of the Protection of Freedoms Act 2012 para 9.
f. No right to appeal was granted despite the Keeper’s request.
g. The sum is disproportionate, does not represent a genuine pre-estimate of loss, nor is it a core price term.
h. The sum is extravagant and unconscionable and cannot be justified.

The_Slithy_Tove

You should challenge to whole contractural basis too. E.g. inadequate signage to establish a contract, unclear signage means no contract, parking charge not clear, rendering Beavis moot, ...

0121sk

Hi there I'm currently being claimed against by Gladstone and euro parking services for a fine I got in my ex gfs apartment block car park. I initially appealed stating that I was at my gfs and that I was willing to pay a reduced fee but did not recieve a response apart from the auto reply email. Then I ailed them again after about 2 weeks asking what's happening and got no response again. The next letter cam from Gladstone and I ignored it then the next letter was from the courts. I defending the claim stating that I tried to contact euro parking services to settle the matter but they did not reply. After reading up more on the issue I know now that I shouldn't have done or said alot of the things I did and now I'm at the stage where I have recieved notice of proposed allocation to small claims track. I did try to contact Gladstones via email twice to negotiate but got no reply and then I phoned them to say I'd be willing to pay the initial amount including early settlement discount on a without prejudice basis to end the matter but they wanted something like £200 and wouldn't budge even when I told them I tried to appeal but got no response so I should be entitled to the initial amount. I am willing to negotiate but they've stated they don't want mediation on their form so was just wondering what I could do now and if I could file additional defence or would I have to wait for court date to explain in more detail and show emails etc.

Sorry for thread jacking but I thought me an op are both at same stage so might be useful for both of us so we know what to expect especially as claimants are same companies.

Recieved ticket: 09.03.15 contacted via appeals procedure same day.
Recieved letter 04.06.15 re unpaid fine. Emailed same day stating didn't recieve reply to appeal.
Jan 2016 court letters came

Thanks in advance for any advice

beamerguy

0121sk wrote: »

Hi there I'm currently being claimed against by Gladstone and euro parking services for a fine I got in my ex gfs apartment block car park. I initially appealed stating that I was at my gfs and that I was willing to pay a reduced fee but did not recieve a response apart from the auto reply email. Then I ailed them again after about 2 weeks asking what's happening and got no response again. The next letter cam from Gladstone and I ignored it then the next letter was from the courts. I defending the claim stating that I tried to contact euro parking services to settle the matter but they did not reply. After reading up more on the issue I know now that I shouldn't have done or said alot of the things I did and now I'm at the stage where I have recieved notice of proposed allocation to small claims track. I did try to contact Gladstones via email twice to negotiate but got no reply and then I phoned them to say I'd be willing to pay the initial amount including early settlement discount on a without prejudice basis to end the matter but they wanted something like £200 and wouldn't budge even when I told them I tried to appeal but got no response so I should be entitled to the initial amount. I am willing to negotiate but they've stated they don't want mediation on their form so was just wondering what I could do now and if I could file additional defence or would I have to wait for court date to explain in more detail and show emails etc.

Sorry for thread jacking but I thought me an op are both at same stage so might be useful for both of us so we know what to expect especially as claimants are same companies.

Thanks in advance for any advice

Hi, you will be better off starting your own thread, it is your case, you will get the right attention, it's like one thread per person.

Just to get you on the right track read up about the infamous Gladstones, the sham Gladstones, welcome to the world of prime scammers in the parking industry

http://parking-prankster.blogspot.co.uk/search?q=gladstones