Gladstones / Euro Car Parks / CCJ / Wrong Address

theblackfox

URGENT

Just about to post off my documents and Gladstones send me an email containing their witness statement (The first i've ever seen of)

My witness statement and parts of my defence are based on never receiving any documents. So now I feel I have no time to re-write my documents.

At least I finally know that the charge was for 'Not Parked Correctly Within Markings'

I've gone into a flurry of panic because their defence points seem to respond quite strongly to mine

Katkaland

Hello Lovely Helpers,
Where do I stand legally?
This is a brand new PCN case starting from scratch.

I went on a business trip to Nottingham and parked in a signposted carpark at 10:55, called Pemeberton St Car Park. The machine swallowed £2 of my cash saying it had an error. I paid again and this time managed to pay the full price of £5 and I got my daily ticket for the car-park, which I clearly displayed on my car's dashboard. My ticket lasted until 22:55. When I returned around at 16:00, I found a Penalty Charge Notice placed on my windscreen right above the clearly displayed ticket. (About 1.5 hrs later I was already in a different city, having a drink with a friend with a receipt and picture to prove it.)

The car park was spread over on both sides of the street, with clear signs for the play and display ticket system. I parked the car on one side and paid at the available ticket machine on the other side of the street.

Upon my return, I saw a workman’s car near where I parked, and I noticed that the workman is opening a fence, behind which there was another ticket machine. This was neither visible to me before nor physically accessible when I entered the car-park. As the workman opened the fence at 16:00-ish, this ticket machine become accessible. On my return, I made a video showing the car-park tariff sign next to where I parked. The workman was also captured on the video.

The car-park signs clearly stated to me that this is the same car-park with the same tariff on both sides of the street, as the tariff signs were looking the same where I paid and where I parked. To my belief this was the very same car-park due to clear signs. If it was not the same car-park then not only it was deliberately misleading, but one of the machines were physically inaccessible.

This PCN was from a private parking company called CPS Midlands Ltd (Management & Enforcement). It was not from the council. On the ticket, I can see the handwriting stating the site title of the PCN as "Pemberton St" I wrote a complaint to the company in which I said, "I parked at the Pemberton St car park at such and such date etc..." I explained in the letter, that I believe the PCN was in error and I accept their apologies, otherwise, I am prepared to take the matter further. I attached the photocopy of my purchased parking ticket to this letter and sent it to them with recorded delivery. I displayed my car-registration and my name as Ms Surname, as well as I, gave them my postal address.

They then sent me a letter back saying: "You failed in your appeal to confirm you were the driver if you wish to CPs midlands to consider a drivers appeal, complete the form overleaf and return within the specified time indicated thereon.” They say overleaf that unless I sign their form that I was the driver and send it back within 14 days, they will proceed with the PCN. They are also asking for my full postal address, business address, and e-mail address, but unclear in their wording about this.

Firstly, I was complaining to them because I clearly paid for the parking. Secondly, they did not give me their e-mail address or phone number and I don’t think they have the right to get these details from me. Finally, I am unsure if at all I am obliged to communicate with them further. Or if I made a mistake to even communicate with them in the first place.

I am a free-lance starting out a brand-new business to try to make ends meet as my partner have not worked for more than a year. We are not on and have never been on benefits because I am confident I will make ends meet. As a result, my time is precious. If this company wants to take me to court I would want to claim for lost income and various costs in having to deal with them and make them think twice before they would try to pressure honest people into unlawful PCN payments.
Where do I stand legally? Am I even obliged to reply to them?

Can you please help me? I am looking for a fast and effective way to get them off my back without paying for their proposed unlawful fine and without having to keep writing letters and spending time with this.

Many thanks
Katkaland

Quentin

@ Katkaland


Delete the post above, (hijacking someone elses thread won't get you any help) then read up on this in the newbies faq thread near the top of the forum


If you then have unanswered questions start your own thread

Coupon-mad

theblackfox wrote: »

URGENT

Just about to post off my documents and Gladstones send me an email containing their witness statement (The first i've ever seen of)

My witness statement and parts of my defence are based on never receiving any documents. So now I feel I have no time to re-write my documents.

At least I finally know that the charge was for 'Not Parked Correctly Within Markings'

I've gone into a flurry of panic because their defence points seem to respond quite strongly to mine

it's just a template. You can pull it apart at the hearing.

theblackfox

Thanks coupon-mad, always there to calm me down haha.

Papers posted this morning to the court. I now sit and count the days.

If anyone has some spare time to have a look at their defence and mine and offer any advice that would be lovely!

Thanks again

Coupon-mad

They are the Claimant so don't have a defence, for obvious reasons!

Show us their WS and evidence by hosting it as shared images on Dropbox.

theblackfox

Here is their WS and evidence, looking forward to hearing your thoughts and advice:

https://www.dropbox.com/s/bkntgr9nudhl5iv/claimantBundle.pdf?dl=0

System

In looking at the pics, it is difficult for any driver to be aware what is a legitimate bay and what is not. So can see the judge waiving this one through for you.

But there is an interesting phrase in their own contract, the one supposedly signed by the supposed owner (did you check). It is in the first part (definitions) where it says:

Any vehicle that does not comply with the Enforcement Policy is considered a nuisance (to the extent of 'trespassing'), it is contravening the Terms and Conditions of the car park and is therefore to be issued with an Enforcement Notice.

If a car (surely a driver) trespasses, only a landowner can take action as no offer of parking has been made. So their own contract is flawed and contradictory - but the pics should see it off.

Send a list of costs into them too.

theblackfox

Thanks Emanresu, I've added this to my notes.

As this is the first time I've seen any Particulars of Claim I'm concerned my defence is not strong enough or detailed enough to argue their points, as I have constructed it based on the little information I had.

What would be my strongest points to argue against them, I can put these together in my skeleton argument.

I take it that as my documents have been filed in time for the deadline, that they can't be amended or changed?

Thanks in advance.

nosferatu1001

Send in a skeleton argument a couple days before, pointing out the very late disclosure of any PoC, which still fail to disclose a cause of action.