ES Parking Enforcement/ Gladstones Claim Form

Coupon-mad

Have a look on pepipoo forum for similar defences to any Gladstones claim - look back twenty or more pages here, clicking on 'claim/defence/Gladstones' thread titles & learning from their defences:

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

... or Google 'Gladstones E S Parking Enforcement pepipoo' to find some 2016 defences that way.

SaraB2106

Great thank you will have a look and start getting some points together

bod1467

Just remember ... it is 28 days from date of service of the claim, NOT from date of acknowledging the claim.

SaraB2106

Does that mean 28 days from the date on th claim form?

System

Does that mean 28 days from the date on th claim form?

You should work to that. There is another 5 days added for posting but keeping to 28 days means you don't make a mess of it.

As Coupon says plenty of defences about but make sure signs and standing are front and foremost.

SaraB2106

Is a part 18 request helpful? Should it be submitted to Gladstones?

System

Is a part 18 request helpful? Should it be submitted to Gladstones?

Yes and Yes

xyzperson

What is the name of the road in Spinningfields? Are there yellow lines on the kerbs? Double yellow lines on the road means no parking. Double yellow on the kerb means no loading. If this is a "road" these are the signs described in the Highway Code. So if not - there needs to be a very clear sign to say you are no longer on a public highway - and they are even relevant on a "private" highway if there is a right of way. If it appears to be a road it is a road.

xyzperson

And the sign refers to land and not to a road. Being Manchester where people park on the pavement - and often completely on the pavement so that you avoid a parking fine - it would be reasonable to think that the sign referred to the square / pavement and not the road.

SaraB2106

Been doing some researching trying to get a defence together. It is correct that at this stage just bullet points will do?
So far;
1. Water Street is an adopted highway and private contracts governing its use are ultra vires.
2. The area claimed to be private land is not clearly delineated and the notices could apply to the footways.
3. The signs cannot be read by a driver unless they stop to read the signs and park thereby breaching the terms and conditions.
4. The vehicle was not parked in Water Street at any time, stopping does not constitute parking.

There's been no response from Gladstones re the Part 18 shocker! This can be included in the defence further down the line correct?