Spring Parking + Gladstones - Northamton County Court Claim

RICKSTEINS33

In August 2015 I found a PCN on the windscreen of my car, which was parked in my residential car park. I have lived and worked in this block converted industrial units for 8 years, I rent 2 units from this building and have 2 separate tenancy agreement, neither provide any parking space. I am the biggest tenant of the building.


The car park has no gate and at the time the signage were poor. Since 08/2015 they have installed a few fake CCTVs (My landlord admitted they were fake after I was burgled last week) and they have increased the number of signs around the carpark. Since the year I moved in (2008), I was never contacted by our landlord or Spring Parking how to purchase a permit, and there is no machine to buy ticket for the day whilst the gate is wide open.


Spring Parking has only started issuing PCN in 2015. I have ignored and binned all the corresponding letters (My bad) and they have now submitted a claim via Gladstones. I have 16 days left to file my defence to Northamton Court, I have acknowledge the claim and have been reading a lot of threads since.


My plan of actions

Send a Part 18 to Gladstones + SP, asking for

1.Your cause of action: please make this clear. if you claim that I entered into a contract, then please send me a complete breakdown of all terms and conditions in said contract.

2.What are you claiming for, is it loss and damages, if so please send me a complete breakdown of all costs for each item in the claim. if not then is it trespass?

3.In the 'notice to keeper' letters you state this is not a fine or penalty, do you claim it is an invoice pursuant to a contract (in other words an invoice which would generally be declared to the Inland Revenue. Please could you clarify.

4.Please could you send an unredacted contract to show standing between Spring Parking ltd and the 'Landowner'

5. Please send a letter pack of all previous correspondent, as I no longer in pocession of these

Once I have sent this to Gladstones, I will call them to confirm they have received my PART 18, once I get my reply I will send in my defence.

My questions to you all –

1.I have a friend who had a ticket from SP from the same carpark and won in court, what should I get from him to support my case?

2.One of the unit I rent from landlord the front door is at the carpark, how could this help me?

3.What would be the main my bullet points for my defence? Will it be mainly based on sign (The lettering are very small)

4.They ask £95 for parking, whilst I have learnt that a monthly pass is £30, could I use “excessive costs” as part of my defence?

5.I can no longer use Moneyclaim.gov after forgetting my User ID, I was told to send my defence to [EMAIL="ccbcaq@hmcts.gsi.gov.uk"]ccbcaq@hmcts.gsi.gov.uk[/EMAIL], anyone has experience?

6.How would those fake CCTV help me in my defence?

7.I have been paying rent on time to my landlord for the last 8 years, could this help me as they have not suffered a great degree of loss if my car is parked there?

Any more advice welcome!

Thank you for your time in reading this!

pappa_golf

how about asking your landlord to get it cancelled , he hired them?


where does TESGB come into this


https://beta.companieshouse.gov.uk/company/08119240/filing-history


is it spring parking or TESGB who are setting gladstones on you

RICKSTEINS33

Landlord said they cannot do anything now, its too late into the process.

RICKSTEINS33

Sorry that was a bad copy + paste job, corrected.

pappa_golf

see my edited post above TESGB


and YES your landlord can assist , right upto the state of entering court , get him told , or you will be an ex tenant


back to spring/ TESGB , which one ?

pappa_golf

OK , back to your landlord , he hired them , he can get it quoshed anytime upto court ,

RICKSTEINS33

Spring Parking is the claimant, I pasted in TESGB by mistake.

Will try landlord one more time

fisherjim

Tell the landlord if it goes to court you will be calling him as a witness, and you could try asking him for a copy of his contract with the stupid PPC as you wan to prepare your defence.

The_Deep

send the landlord a copy of this


http://www.miltonkeynes.co.uk/news/milton-keynes-woman-secures-landmark-victory-for-flat-tenants-in-parking-dispute-1-7459066

RICKSTEINS33

Landlord is on holiday for 2 weeks, they were not being helpful on the phone.

So where do I send the part 18 request?

Do I send to cliamant + solicitor first, or straight away using a N244 form to the court?