Small Claim - Gladstones / Parking & Property Management Ltd

JaegerMac

Hi Folks


I've read the newbies thread and am starting a new post.


I can't believe I'm being taken to small claims over a single Parking Charge Notice for "Not displaying a valid permit" in May 2017; initially £60 and then £100. I was visiting someone in Wiltshire who is living in a residential area which is not yet finished - other flats still being built. I parked in a space which was for an as yet unallocated flat.

I ignored most of the letters which came but responded to the Letter Before Claim saying the signage was insufficient and I was doing no harm using a space for a flat which was not yet finished. Gladstones replied saying the parking enforcement operates 24/7 and I now owe £160.00. They have sent me 7 photographs taken at the time, with the letter, saying I did not display a permit and so the charge was incurred. One of the images shows the single parking sign which is full of tiny writing and high up on a lamppost behind the row of spaces my vehicle was parked in. "Parking & Property Management Ltd. PRIVATE LAND Parking Conditions Apply" is about the only thing legible on it. There was no sign in front of the spaces where I parked.


I've now been sent a Claim Form - Northampton County Court and the Particulars of Claim are:


"The driver of vehicle registration *** *** incurred the parking charge(s) on ** May 2017 for breaching the terms of parking on the land at ******. The defendant was driving the Vehicle and/or the is the Keeper of the Vehicle. AND THE CLAIMANT CLAIMS £160 for Parking Charges / Damages and indemnity costs if applicable, together with interest of £3.76 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing to Judgment at £0.04 per day."


The total amount with Court free £25.00 and Legal Rep costs £50.00 is £238.76.


I've gone to MCOL and Acknowledged the claim already; so need to prepare a defence. I guess I need to focus on the signage and that no contract could be entered into?
Any help appreciated.


Many thanks
JaegerMac

Redx

yes, just read maybe a dozen recent 2017 GLADSTONES court case threads,(there are literally DOZENS on here and over on pepipoo forums) especially any that are about residential parking , then prepare your own draft defence and post it for critique etc

also include their inflated "costs" etc
no contract
poor and inadequate signage
FORBIDDING SIGNAGE (no contract offered)

and if the driver was not identified
any POFA2012 failures or errors
any NTK failures or errors

edit your last post to remove any hint of who the driver was

the correct terms are

THE DRIVER

THE KEEPER