Link Parking - County Court Claim

Raymondo789

Hi,

I am wondering if someone can please advise me.

I have received a CCC from Gladstones who are representing Link Parking for an alleged breach of contract.

I have completed the AoS on MCOL and need advise about my defence.


Below is a full summary of the CCC:


'I have received a letter from the County Court informing of Link Parkin Ltd who are claiming the sum of £237.42.

£162.42 Amount Claim
£25.00 Court Fee
£50.00 Legal rep cost

For the purposes of:

“The driver of the vehicle registration ******* (the “Vehicle”) incurred the parking charge(s) on 14/04/2017 for breaching the terms of parking on the land at St Andrews Village – Marner Point – 1 Jefferson Plaza Bromley By Bow London E3 3QB.
The defenden was driving the vehicle and/or is the Keeper of the Vehicle.
AND THE CLAIMANT CLAIMS
£160 for Parking Charges/ Damages and indemnity costs if applicable, together with interest of £2.42 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing to Judgement at £0.04 per day”

Firstly, I was not the driver at the time of the alleged breach in contract and subsequently never received the ‘Notice to Keeper’, though I have received several others for other dates which I have responded to with the name and address of the ”Driver”. I assume that the Notice to Keeper was lost in the post, if in fact, it had been posted. I have no other knowledge previous to the County Court Claim of this ‘breach of contract’.!

I have not received any other correspondence in relation to this and the claim form is the first. I have since completed the AoS and confirmed that I will be supplying a defence.!

I have since conduced my own research and visited the ‘site’ or ‘St Andrews Village’ as it is referred to in the claim. There is no mention or any information which identifies ‘St Andrews Village’ at the site or in online research. Having inspected the specific place in which I believe the ‘breach of contract’ to have taken place (from pictures from the other Notice to Keeper’ I have received and responded to) it appears that in fact this place is known as Hannaford Walk (opposite to building called Ivy Point). Marner Point and 1 Jefferson Plaza are some 150m away from where the alleged ‘breach in contract’ occurred. There is clearly some discrepancy here and also as it referred to as ‘the land’, it is ambiguous, the definitive article ‘the land’ seems to imply a specific place in which the ‘breach of contract’ occurred however I believe it did not occur at that specific site.

I have inspected the area and determined that although there are several ‘signs’ places regularly along the area, they are not abundantly clear. The main wording takes precedence on ‘Private Land Contractual Agreement’ followed by ‘No Parking for any vehicle in this area’ followed by Terms and Conditions in which the charge of £100 for ‘parking’ is in significantly smaller font than the rest of the sign.

The signs are also placed on lampposts which are not properly illuminated as the ‘lamps’ actually face the opposite direction of the signs themselves. Having also checked the ‘Code of Practice’ on the IPC website (trade body of the Parking firm) it states that signs should be placed at the entrance of the site. There are no signs facing the “driver” upon entry. There is only one entrance from what I have determined. The first sign is parallel to the “driver” approximately 2/3 metres in the road/site.!

There is also a gate (buzzer operated) approximately 30m along the site, which could be perceived as it being the ‘entrance’ to the site, which again makes the initial signs further unclear as to whether ‘the land’ is post the gate or not.!

I also inspected several other local parking sites where Private Parking firms operate all of which have clear forward facing signs at the entrance(s) providing clear warning`


Since completing the AoS I have contacted Gladstones and offered £60 to settle the claim (without Prejudice) to save the hassle and anxiety. However they replied informing that they could not accept £60 in a without Prejudice basis because other fees had been added. I have no clue what the 'without Prejudice' term implicates but having read other forums followed that guidance. I have since replied to them asking them to reconsider as especially I was not the driver and did not receive any correspondence in relation to this particular breach of contract. I cannot be sure if they sent anything or if it has been lost in the post if they did sent anything.

I have not received a reply from Gladstones yet but did ask for all correspondence and confirmation that a NtK was issued and a LBCCC was sent.

Where do I go from here?

Thank you so much in advance for your generous advice!!

Coupon-mad

They won't reconsider, and please don't throw money at this. We win 99% of well-defended cases, and can only recall ONE lost in the past year. Everyone else (hundreds) have won, or seen their case discontinued. People here invariably pay nothing, beat the scam and get their costs!

The odds are HUGELY in your favour now you are on MSE. Gladstones claims are dreadful. All of this is relevant to your defence:

I have since conduced my own research and visited the ‘site’ or ‘St Andrews Village’ as it is referred to in the claim. There is no mention or any information which identifies ‘St Andrews Village’ at the site or in online research. Having inspected the specific place in which I believe the ‘breach of contract’ to have taken place (from pictures from the other Notice to Keeper’ I have received and responded to) it appears that in fact this place is known as Hannaford Walk (opposite to building called Ivy Point). Marner Point and 1 Jefferson Plaza are some 150m away from where the alleged ‘breach in contract’ occurred. There is clearly some discrepancy here and also as it referred to as ‘the land’, it is ambiguous, the definitive article ‘the land’ seems to imply a specific place in which the ‘breach of contract’ occurred however I believe it did not occur at that specific site.

I have inspected the area and determined that although there are several ‘signs’ places regularly along the area, they are not abundantly clear. The main wording takes precedence on ‘Private Land Contractual Agreement’ followed by ‘No Parking for any vehicle in this area’ followed by Terms and Conditions in which the charge of £100 for ‘parking’ is in significantly smaller font than the rest of the sign.

The signs are also placed on lampposts which are not properly illuminated as the ‘lamps’ actually face the opposite direction of the signs themselves. Having also checked the ‘Code of Practice’ on the IPC website (trade body of the Parking firm) it states that signs should be placed at the entrance of the site. There are no signs facing the “driver” upon entry. There is only one entrance from what I have determined. The first sign is parallel to the “driver” approximately 2/3 metres in the road/site.!

There is also a gate (buzzer operated) approximately 30m along the site, which could be perceived as it being the ‘entrance’ to the site, which again makes the initial signs further unclear as to whether ‘the land’ is post the gate or not.

If this is a residential site of flats, then is there a point you can argue that the driver was authorised by a resident to park, and show that resident's tenancy agreement to show they enjoy rights of way/an allocated bay?

If so, then your case will not be dissimilar to the example defence for 'own space' cases, as linked in the NEWBIES thread (the one by Johnersh, I added it at the weekend as a link there in post #2). It was for a Gladstones case, so some of it will certainly be worth copying, and that's what it's there for.

Even if you case differs, look at the style he used in his defence, with clear headings and numbering. Johnersh is a solicitor and that style of defence is nice and clear even if you need to add more/not include the same points exactly.

Raymondo789

Hi,

Thank you so much for your encouragement it certainly provides me a lot for confidence.

I will have a look at the post you mentioned and attempt a draft defence. Only issue is that I have now way of actually getting a tenancy agreement as I have no idea what the driver was doing there.

Also, can I ask you advice on how to obtain all the images and confirmation of whether they issued the notices etc? I read something about Cpr 30:14. Must I ask formally for these documents or email the solicitor directly for these?

Redx

yes you can ask for paperwork, but that may help the claimant by them getting their ducks in a row

at the moment you are preparing a defence, later on you get to see their "evidence" , so always reserve the right to comment on it later

the choice is yours whether you ask for clarification now, plus you may not get a reply , certainly not in the short time you have to prepare a defence

read a dozen 2017 defences on here , see what is in them and draft your own

Lamilad

However they replied informing that they could not accept £60 in a without Prejudice basis because other fees had been added. I have no clue what the 'without Prejudice' term implicates

It means the fact you made them an offer cannot have a detrimental effect on the court case. i.e - they cannot suggest the fact you made them an offer implies you accept liability.

It's good that they turned it down because:
A) As CM says, you don't need to pay them a penny. You can win this like the vast majority of our defendants and, when that happens (assuming they don't discontinue) they may have to pay your costs c.£100+

The fact you made them a very fair offer shows you are taking reasonable steps to resolve the issue without the need for litigation. The fact they refused it shows they are being unreasonable.

The court will not like one party refusing reasonable dialogue and not making any effort to avoid litigation. Especially an experienced firm of solicitors who should know better

Raymondo789

Hi all,

I have submitted by defence using the templates and advice from the forums.. I have since received an email from. GLADSTONES with the below:

`We act for the Claimant and have notified the Court of our Client’s intention to proceed with the claim.

Please find attached a copy of our Client’s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing

This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate.

You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward`

How do.i respond to this? I have not received anything in the post yet.

Thank you so much for your help.

Ray

beamerguy

Raymondo789 wrote: »

Hi all,

I have submitted by defence using the templates and advice from the forums.. I have since received an email from. GLADSTONES with the below:

`We act for the Claimant and have notified the Court of our Client’s intention to proceed with the claim.

Please find attached a copy of our Client’s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing

This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate.

You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward`

How do.i respond to this? I have not received anything in the post yet.

Thank you so much for your help.

Ray

You do not want this heard on papers, this is not the way to win
against Gladstones.
With a good defence you need a real judge to decide.

This suggestion is often made when they themselves are
unsure if they will win.

Be aware that Gladstones are well known to courts as being
incompetent and the courts are fed up with their two bit claims

SAY NO TO PAPERS

If they follow their normal antics, they will make a final offer
at a reduced amount and then discontinue.

Gladstones have been whooped in court so many times now

Ensure you have your costs schedule ready for the judge

Raymondo789

Hey,

I would definitely want it to be heard in front of a judge regardless of Gladstones appealing record in courts for these cases.

How long should I wait for the Directions Questionnaire to come through the post? I submitted by defence the 28/08 and the deadline was 29/08.

Thank you so much

nosferatu1001

You could do the obvious, and check with mcol if it has been sent out.

Coupon-mad

The way to reply to that standard letter is all over the forum. Search 'Gladstones straightforward'.