Claim form from Gladstone’s - EuroParking Services

DaMadd84

Hi there.

I have recieved a claim form from Gladstone’s Solicitors on behalf of Euro Parking Services.

I applied to an online firm for advice but have heard nothing back and i now have four days before my 14 day’s to respond are up!

My wife drove my car to the land owners car park to purchase goods. We have a receipt as proof of purchase.
She then crossed the road to a small shop directly opposite the land owners store to make a quick purchase before coming back to the car.

In that time, she had recieved a ticket. I appealed to euro parking services stating that we were customers and had a receipt, but they replied that as she was witnessed leaving the car park, and as in the terms and conditions it states that the car park is for patrons only, they would be upholding the fine.

I ignored their correspondance after this in the hope that they would go away but I’ve now recieved a county court claim form and I need advice on how to proceed.

I intend on defending myself but need advice.

Many thanks!

KeithP

DaMadd84 wrote: »

I intend on defending myself but need advice.

Then you need to start by reading post #2 of the NEWBIES FAQ sticky thread.

In there you will see that the first thing to do is acknowledge service of the Particulars of Claim. This buys you an extra fourteen days to prepare your defence.

DaMadd84

I just wanted to ensure that it was worth defending?

When I appealed, I mentioned that my wife was the driver, so I’ve identified who was driving the car. I’ve since read that this isn’t adviseable.

They also have photos of the ticket on the car, the car parked in front of one of the notices and a woman (which could be my wife but I’d rather not say) standing on the opposite side of the road waiting to cross back over to the car. Could they prove if that person is indeed my wife? I don’t see how they could.

They upheld their decision as the parking signs state that it’s for patrons on the premises only. Therefore as she was witnessed leaving the premises and coming back, she broke the rules.

I really do want to defend this, but I wanted to make sure I have a leg to stand on.

Thanks again for your time.

nosferatu1001

You have not made this clear

WHO has received the CLaim Form? AS in, who is NAMED as the DEFENDANT?

If it is your wife, then your wife should defend
If it is YOU, then you defend and have a GREAT GET OUT - you named the driver. They Have filed a claim agaisnt someone they KNOW was not driving, and so cannot use POFA to hold you liable.

The_Deep

Leaving site claims are almost impossible for a PPC to win in court

https://www.dailymail.co.uk/news/article-2150551/Thousands-beat-parking-fines-judge-tackles-766k-Mr-Clampit-landmark-penalty-claim-case.html and, AFAIAA, none have been brought since this one.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.

DaMadd84

Hi,

The claim has been made against me, and not my wife.
Do I just defend on this? Or do I defend on other basis too? Surely if I defend on just this, then they’ll prob cancel it and then claim again against my wife?

Umkomaas

You will be better informed about some of the legal angles in a 'leaving the site' case by reading the VCS v Ibbotson court case from almost 6 years ago.

http://forums.pepipoo.com/index.php?act=attach&type=post&id=16231)

This is sticky territory for a private parking company (and potentially any solicitor who represents them in a similar way!). As such I'm not aware of any PPC that has tried their luck at court on a 'leaving the site' case since.

But - you must deal with the formal court papers as a priority. The NEWBIES FAQ sticky, post #2 will guide you through the initial process to start with.

Quentin

If you initially told them who was driving then they should be pursuing the driver.


You should certainly be defending this!

DaMadd84

Thanks everyone.

So do I just defend on the basis that they!!!8217;ve claimed against me rather than my wife?

Or is there anything else I can use in defence? I want to make it as robust as possible.

The_Deep

I forgot to mention, at the second reading an MP specifically mentionned such cases as possibly a breach of human rights. PPCs would be well advised to steer clear imo.

KeithP

As others have said, defend this as the keeper.

Do not remind them that you have already named the driver. Let them find out for themselves that they are chasing the wrong person.