ES Parking charge - items to include in appeal letter

Coupon-mad

ABowman wrote: »

I have today received a claim form from the county court business centre. It doesn't make clear in the letter what I need to do except pay up. I have no intention of paying and will go to court if needed. In order to get to that stage should I be completing this paperwork to show I intend to conteSt it?

Please read 'Small Claim?' in the NEWBIES thread for bargepole's summary link of what happens when and how to complete the paperwork.

You do not faff about with paperwork, you complete the Acknowledgement of Service, online first, using the password. Same advice as here:

https://forums.moneysavingexpert.com/discussion/comment/71214308#Comment_71214308

Except in your case, search here and pepipoo for 'Gladstones defence' (instead of BW Legal). I assume the claimant's solicitor is Gladstones? Show us your draft defence in September, in good time, after you have acknowledged the claim NOW, urgently, as explained in that link.

DO NOT respond, if any poster with less than 1000 posts sends you a pm (private message) offering to 'help' with the defence off-forum. People with few posts could be anyone, and not acting in your best interests/could even be from the dark side! So, to get help you will need to keep updating this thread and we'll all chip in.

ABowman

Thanks so much, I'm starting to write my defence but have just gone to register online. I must be being really stupid as I cannot see a password with the claim number with which to log in with. I have created the account but the password evades me. Should it be on the claim papers?

ABowman

Apologies. Please ignome me I have found it.

Coupon-mad

Great, just do the 'Acknowledgement of Service' saying 'defend in full' and NO to 'contest jurisdiction'.

ABowman

Coupon-mad thanks very much I am very grateful. I have done that, now onto the defence.

ES are actually registered where I live, this is for after the defence, but is it worth sending a complaint to my MP?

Coupon-mad

Yes, we are certainly encouraging that - and putting your story on the BBC webpage for Watchdog's Autumn series - because PPCs are rampant with court claims right now. It is WRONG and needs exposing, that PPCs are using and abusing the courts as the 'new form of clamping'.

ABowman

This is my intended defence, would someone be able to comment on it? My main issues are the signage, the photo of my car was taken by a guy hiding behind my car, I stopped for no more than 2-3 minutes giving them the chance to tell me to move on or issue a ticket. Cheers

1. The Defendant denies any liability whatsoever to the Claimant.

2. If the Claimant is intending to pursue this claim against the Defendant on the basis that the
Defendant is the registered keeper then the Claimant has failed to show that the conditions for recovering this charge under Schedule 4 of the Protection of Freedoms Act 2012 have been met. The Defendant disputes that any of the conditions necessary for a claim to be pursued against the keeper of the vehicle have been met.

3.a) No evidence has been provided to show a valid Notice to Driver was given to the driver in accordance with Paragraph 7, Schedule 4 of the Protection of Freedoms Act 2012.

3.b) Where a Notice to Driver was given no evidence has been provided to show that a valid Notice to Keeper was served in accordance with Paragraph 8, Schedule 4 of the Protection of Freedoms Act 2012.

3.c) No evidence has been provided to show that the Creditor has made a valid application for keepers details in accordance with Paragraph 11, Schedule 4 of the Protection of Freedoms Act 2012.

4). It is believed that the Claimant has no standing to bring this claim. The proper Claimant is
the landowner. The claimant has failed to establish their legal right to bring a claim either
as the landholder or the agent of the landholder. Strict proof is required that there is a
chain of contracts leading from the landowner to Parking and Property Management. The Defendant claims that the Claimant does not have the authority to issue charges on this land in their own name and that they have no locus standi to bring this case.

5) The Claimant did not display clear signs within the site that were capable of being read and/or form a contract.
a) There is no prominent signage at the entrance of the street or on the street itself.
b) Signage is not lit
c) Signs are raised high up with small text which is difficult to read.
d) The amount of charge is non prominent in the wording on the signage.

The signage did not meet the British Parking Association (BPA) Code of Practice or the Independent Parking Committee (IPC) Code of Practice. The Claimant was a member of the IPC, whose requirements they also did not follow. Therefore no contract has been formed with driver and the notices do not provide the 'adequate notice' of the parking charge which is mandatory under Schedule 4 of the POFA.

6). Even if a contract had been formed it would be void. The Claimant was not acting in good faith and was in breach of the Unfair Terms in Consumer Contract Regulations 1999.

7) The claimant has no basis for claiming the £150 charge since it could in no way represent genuine pre-estimate of loss as they would have incurred for stopping on Water Street.
Damages for breach of contract can only put the claimant back in the position they would have been in had the breach not occurred. As such, the £150 is clearly intended to be a penalty which would be unenforceable under contract law.

8) The Defendant also disputes that the Claimant has incurred £50 solicitor cost and interest. The Particulars of Claim are spectacularly deficient and woefully inadequate to show a cause of action.

9) There are no parking cameras in this location and therefore the photo supplied of the vehicle was taken manually, close to the vehicle which amounts to predatory tactics.

10) An appeal was lodged with request for information to support the case but ES Parking failed to supply any requested,

11) The Claimant has not complied with the pre-court protocol. The Particulars of Claim contains no details and fails to establish a cause of action which would enable the Defendant to prepare a specific defence. It just states “parking charges” which does not give any indication of on what basis the claim is brought. There is no information regarding why the charge arose, what the original charge was, what the alleged contract was nor anything which could be considered a fair exchange of information. The defendant therefore asks that the court orders the case to be struck out for want of a detailed course of action and/or for the claim as having no prospect of success.

System

Take #6 and #7 out. Useless now.

Add in that there was no offer made. The signs are prohibitive and say "No stopping". As such there is no intent to form legal relations by either party and no consideration offered.

ABowman

I have now received the N180 to complete which seems straight forward enough. I am happy to tick yes to mediation, I won't be paying this. My question is that Gladstones have asked for a special direction and that it should be settled on papers. Is there anything I need to complete within the N180 to say that I want it to go to court?

I think I just need to complete the N180 now and send to court and Gladstones and include a covering e-mail with dates I can't do for the next 6 months?

Cheers

Coupon-mad

Tick NO to mediation!

This is covered in the NEWBIES thread where it says 'Small Claim?' and the second link under that heading gives bargepole's advice on how to complete this paperwork. We never recommend mediation in these cases.

Is there anything I need to complete within the N180 to say that I want it to go to court?

Yep, put a covering letter with it insisting on a hearing at your local court (you will get that).

To find wording for this - as it happens EVERY time and I'm surprised you haven't seen it when reading other Gladstones claim threads - search this forum and pepipoo for 'straightforward Gladstones':

http://forums.pepipoo.com/index.php?showforum=60

That search finds lots of hits on here and pepipoo, loads of examples of what to say. You could even Google those two words & get results because their template 'let's hear the case on the papers' tactics are that common!