PCN - Euro Parking Services Ltd

chrissw

Hi,

If I am unable to find proof of postage for my previous letter what would be the best course of action?

Thanks in advance

Coupon-mad

Well still send the letter of course, maybe this (remember to write for what you want a future Judge to read):


Dear Sir

Ref : ****

I have received your Letter Before Claim dated September 2016.

I deny any debt to Euro Parking Services Ltd.

Indeed, I can advise you that a challenge and request for evidence and information about this purported 'charge' was sent to your client in August 2016. This was straight after receipt of their letter (Notice to Keeper) but my contact was ignored. No ADR was offered, contrary to your client's industry Code of Practice and it is a fact that IPC AOS members are not allowed to continue to escalate a charge whilst an appeal is lodged. I have been awaiting their response to my appeal.

Your contact is premature but when replying - as you clearly have access to the file notes - please confirm whether the intended action is founded on a contractual charge, a breach of a contract or trespass. Please confirm that your client's contract with the land-holder includes specific authority to take legal action and that this will be produced for the court. And please explain why your client has so far, failed to respond to my appeal.

I also require an explanation for the additional £50 charge including confirmation that it has already been invoiced and paid. This appears to be a figure plucked out of thin air; an attempt at double recovery of a sum which (as far as I can ascertain from other Euro Parking Services cases in the public domain) was highly unlikely to have been transparently and prominently displayed on signage. The small claims track will not support added costs such as this £50 and I contend this is unlikely to have been incorporated into any contract at the time alleged.

You cannot presume that I possess all the documents referred to in your letter. Please send me copies of all the documents sent by the client including the windscreen notice if one was attached to the vehicle. When I receive the documents and your explanations I will be in a position to make a more detailed response.

It would be unreasonable and contrary to the Overriding Objective, to proceed with litigation before you have clarified your client's cause of action. As a firm of Solicitors, your first duty is to the court - not your client - and you have failed to ensure that all parties are on an equal footing and in possession of equal information, paperwork and evidence of the purported contract.

I note that your Particulars of Claim in your template paperwork (used in your many hundreds of 'robo-claims' for parking firms) was this week struck out by District Judge Cross of St Albans County Court, due to being 'incoherent', failing to comply with CPR16.4, and providing no facts that could give rise to any apparent claim in law. As such, I have reason to believe that this is a claim that will proceed anyway - with a lack of facts supplied until the last possible minute - to my significant detriment.

So I require that Gladstones now set out the position transparently, in plain English, with facts and evidence specific to this case. Of course, you must bear in mind that I am not only an unrepresented consumer but I am also the registered keeper of the vehicle so I am in no position to respond in detail, especially as no evidence or explanation has been supplied, nor even any photos of the car and any signage that your client alleges created a contract.

I am also aware that the controlling minds behind Gladstones are the same individuals who 'run' the IPC Trade Body. The same individuals are responsible for the Code of Practice and purported 'appeals scheme' which has failed to properly serve me. I will draw this apparent conflict of interests to the attention of the Judge in any future hearing in this case.

The driver has not been identified and your client has failed to meet the requirements of The Protection of Freedoms Act to pursue me as keeper so it seems to me, they have no cause of action in any case.

I look forward to your response shortly.

Yours Faithfully

chrissw

Wow that's impressive, thank you!

There was a photo of the car on the NTK so maybe I'll omit that bit but that's amazing!

Coupon-mad

OK edit away, it's your letter!

I have just switched some paragraphs around and added a bit about the incoherent claims they issue so refresh the page first.

chrissw

So the saga continues!

I have sent the appeal letter however I have now received a county court claim form. I hadn't noticed the must have pre-dated their letter to reduce the amount of time I had to reply. Whilst it's been less than 14 days since I received their letter, it has been more than that from the date on their letter.

I guess this is perfect case for how not to deal with this! I'd better get researching how to file a defence. I'm assuming I can file a defence, lose, pay the amount and not receive a ccj. I can't afford to have one of them on my record. I would rather just pay it if there's any risk of that.

Coupon-mad

I'm assuming I can file a defence, lose, pay the amount and not receive a ccj.

Correct - no worries there and you may as well fight it because the artificially inflated sum now chased by Gladstones is likely to be more than a court might award if you lose.

Search the forum board for 'Gladstones defence' as we have a few in hand right now that you can plagiarise.

chrissw

Just a quick one.. Am I defending all or part of the claim? All of it?

Coupon-mad

Here is the post by bargepole from the NEWBIES FAQs thread advice:

https://forums.moneysavingexpert.com/discussion/comment/61084955#Comment_61084955

Answers your question - and others, e.g. you are NOT contesting jurisdiction - and tells you what happens next. Later on, Mediation will be a no. Any hearing will be at your local court later on in a couple of months or so if they proceed and pay the hearing fee.

I assume at this stage you are only acknowledging the service of the claim, to buy yourself 28 days to deal with preparing and then submitting a decent defence?

Oh, and do not reply to any private message from a poster with less than 1000 posts to their name here. We deal with these issues openly on the forum and any pm could be from anyone at all (even the parking firm) and is not recommended to be replied to/read.

chrissw

Hi all,

Just to let you know I had my hearing yesterday.

Claimant never turned up, case thrown out! Claimed some expenses for travel & loss of earnings for the few hours out my day I wasted.

Thanks to everyone who helped and good luck to all still fighting!

Lesson learned, don't give any excuse for the crooks to dish out parking tickets and if you're going to fight, take it seriously send everything on time and recorded.

Thanks again

Coupon-mad

This must be you on pepipoo, I just read it!

http://forums.pepipoo.com/index.php?showtopic=109208

Nice one, always worth the fight against this *industry*. What a monumental waste of your time!