Help needed

beamerguy

Cbella38 wrote: »

*UPDATE *

RK still keeps getting letters despite DRIVER giving them all information needed.

Sent defence papers to court, had a reply from GLADSTONES and they want to settle outside of court.

RK wrote back to court saying they have nothing to do with this and to please contact driver .

Letter back from court was received about going through mediation - does RK agree to this and driver goes with them ?

Does RK contact or even driver contact Gladstones to explain situation again as they simply don't get it ?

Euro car park even wrote back to the MP who acted upon this as felt it was out of order and they admit they have a 10 minute grace period and the driver in fact returned the the car just over 8 mins so under the 10 min grace period and admitted no fine was place into the hand of driver or on windscreen.

So where do we go from here ?

An unreal story all about scammers

The reason Gladstones "don't get it", is because they are a highly incompetent solicitors.

Of course they would like you to settle out of court, they try the scam on to the very last minute before they discontinue

The trouble with mediation is the lack of knowledge of the great parking scam by the mediator, Gladstones know this and such action suggests they already know they are on a loser.

With everything you say, it points to a huge whooping in court by a judge. Will not be the first time Gladstones have been whooped for complete incompetence

You want a judge to hear the case

System

You might want to send a Letter before Claim to EPS for the misuse of your personal data. Give them 14 days to pay compo or face the court.

If the parking charge case goes to court and you win, the win will cement the basis of the DPA claim against EPS.

Gives EPS the choice to drop it or suffer later. Don't mess around with mediation.

Cbella38

Too right I want a judge to hear this case , therefore any guidance or examples of a letter that can be sent to EPS. ? Thanks for your help by the way

Umkomaas

Cbella38 wrote: »

Too right I want a judge to hear this case , therefore any guidance or examples of a letter that can be sent to EPS. ? Thanks for your help by the way

Read through the following which cover LBCs. You can no doubt draw up your own from the various examples provided, especially those in 'thebridesmother' templates.

http://www.parking-prankster.com/letter-before-action.html

http://www.parkingcowboys.co.uk/letter-before-claim/

http://www.thebridesmother.co.uk/Media/Templates.pdf

Cbella38

How does this read before it is sent?

Ref PCN No. xxxxx

I am in receipt of the NTK above, as the registered keeper. I have duly passed your letter across to the driver but I am not obliged to pass on any personal identity so decline to do so. You had an opportunity to invoke keeper liability under the provisions of the Protection of Freedoms Act, clause 12 which was enacted specifically to aid you in these circumstances but that you have chosen not to use the route to keeper liability. I was not the driver so there is no reason to suggest or infer otherwise.

As a consequence you fall short of imposing any liability to myself as the registered keeper.
So that you are fully informed I attach a witness statement which evidences that I was not the driver at the time of the contravention.

Whether or not the driver contacts you directly having been advised of your notice, is of no concern to me, although I am aware driver may have already contacted you, explaining the situation and their disability and as to why were a few minutes late back to the car, which is something beyond their control. My part in this matter is now concluded and I require you to remove my personal details from your system as they are no longer relevant to you.

I also attach a copy of the letter you sent back to the MP admitting you have a 10 minute grace period and the driver was back within the 10 minute period and that in fact no ticket was issued to the driver either by hand or placed onto the car windscreen.

WARNING

As I have no liability in this matter, and the ticket details have been passed to the driver, I now place you on warning that you have no reasonable cause to continue using my personal data. If you continue your claim against me, or correspond further via any third party debt collection company being Gladstones or anyone else you will be subject to a claim of damages for a breach of the Data Protection Act. The claim amount will be determined by the amount of aggravation I am subject to prior to its issue in a County Court claim. Please note that this situation has caused great amount of stress that is not needed and you have in fact made the driver to become even more distressed and as a result made her condition worse and now has depression brought on by this situation and is rather poorly because of all of this.

A copy of this has been issued to the court for their reference.

waamo

To me that sounds like you haven't named the driver and are declining to do so.

I would hammer home the point the driver has named themselves and provided their contact details.

Don't be afraid to put it in your own words.

safarmuk

As I have no liability in this matter, and the ticket details have been passed to the driver, I now place you on warning that you have no reasonable cause to continue using my personal data. If you continue your claim against me, or correspond further via any third party debt collection company being Gladstones or anyone else you will be subject to a claim of damages for a breach of the Data Protection Act. The claim amount will be determined by the amount of aggravation I am subject to prior to its issue in a County Court claim. Please note that this situation has caused great amount of stress that is not needed and you have in fact made the driver to become even more distressed and as a result made her condition worse and now has depression brought on by this situation and is rather poorly because of all of this.

The only point here is it would be you - the RK - claiming for a breach of the DPA. But you are talking about the distress caused to the Driver. If the RK brought the DPA breach to court then I am not sure the RK could claim for distress caused to the Driver?

Cbella38

*UPDATE*

Had to reply to court saying wanted to see the judge and the first lot of paper got 'mislaid' so having emailed the court they sent more forms to which they were completed again and this time record delivered back to the courts.

Then RK got a letter saying that missed the date and now got to pay a fine. Driver has said they want to see the judge over this case and RK has emailed court to say NO MONEY will be paid as want the opportunity to see the judge.

After emailing Euro Car Park with the above letter not, not heard nothing else from them or the solicitors.

What more can be done with the court as want to see someone about this case as so unfair.

RK and driver are willing to get to court as not settle outside like ECP want.

Any advice would be great

Coupon-mad

Then RK got a letter saying that missed the date and now got to pay a fine.

What? You missed a hearing, or you didn't send a Witness Statement in time?

It's not a fine and it's not Euro Car Parks, either, so your eye for detail is a worry. What have you missed?

Cbella38

The court papers were sent back well in time but RK got a letter saying no papers were recieved so driver called courts and asked what was going on as they were sent back. Followed it up via email and RK got reply back saying new forms would be sent to complete, came a week later and forms were completed with a covering letter and this time sent back recorded delivery so can not say they have not got it. Emailed court to say that forms were posted. Heard nothing for a good few weeks then next letter saying case been struck out of court and got to pay a sum of money.

Got back.on the email and asked what on earth is going on and that won't be paying any money and want to see the judge.

Another letter arrived demanding money otherwise bailiffs will turn up.

This is completely unfair.

Can RK or even the Driver go to nearest court and ask to see a judge?