N1 claim form received (Euro Parking Services)

headhacker

Going through the Claimant’s fees, they have listed the current debt as £100 plus £60 “overdue charge”, yet they are claiming far more than this (court fee and legal representative fees, interest). I intend to dispute all these charges anyway. Should I mention double recovery when the charge is discussed?

BrownTrout

Which court out of interest?

Coupon-mad

headhacker wrote: »

Going through the Claimant’s WS , they have listed the current debt as £100 plus £60 “overdue charge”, yet they are claiming far more than this (court fee and legal representative fees, interest). I intend to dispute all these charges anyway. Should I mention double recovery when the charge is discussed?

Yes, and start with that £60, because - EVEN IF THE £60 IS ON THE SIGN - a PPC cannot add a sum on for 'sending letters' (the costs of the business model are already covered by the parking charge, as found in the Beavis case) or by pretending debt recovery has cost them a fee (they lie):

https://www.debtrecoveryplus.co.uk/pcn-collection/

PCN Collection
We offer a ‘no collection, no fee service’, therefore our growth has been achieved by making successful collections, not by charging upfront fees.

headhacker

Thanks for the reply.

I have just received the Claimants WS by email and assume it’s now been filed with the Court ( several weeks late and only 3 days before the hearing).

Gladstones have said in the email “The assumption is that our Client is not attending the hearing and therefore we kindly request this notice be treated as a notice pursuant to CPR 27.9. However on some occasions our Client may wish to attend and will do so.”

So there’s a chance it may just be me and the Judge?

Coupon-mad

So there’s a chance it may just be me and the Judge?

https://forums.moneysavingexpert.com/discussion/comment/75888748#Comment_75888748

Same as all Gladstones threads, sometimes they send a rep and sometimes not.

Here they didn't:

https://forums.moneysavingexpert.com/discussion/comment/75739633#Comment_75739633

and here they didn't:

https://forums.moneysavingexpert.com/discussion/comment/75881271#Comment_75881271

Here they did:

https://forums.moneysavingexpert.com/discussion/comment/75632356#Comment_75632356

headhacker

Going through the Claimant's WS , they state that they have exhibited the Agreement authorising the company to manage the parking on the relevant land and also the Site Plan. Neither of these documents are in their WS pack, so is this something I should mention if asked?

It seems that the claimant has had a few weeks more to go through my WS I sent them and have disputed several points. Considering they failed to serve their WS to me or the court by the due date, it hasn't given me much time to go through all their points.

To summarise, they emailed their WS to me (and I guess the Court) on 4/6/19 at 2pm. The WS should have been received by 17th May. The Court sent me a General Form of Judgement or Order letter stating that they were giving the Claimant 7 days from 29th May to file evidence. The Claimant did so with one day to spare, and only 3 days before the hearing.

I am in Court tomorrow morning, so any final hints and tips before the hearing? I'm looking forward to finally getting there and putting my points across!

Coupon-mad

Going through the Claimant's WS , they state that they have exhibited the Agreement authorising the company to manage the parking on the relevant land and also the Site Plan. Neither of these documents are in their WS pack, so is this something I should mention if asked?

Not just ''if asked''.

This needs to be on your bullet point list to attack, put the rep on the spot for why this evidence is missing, and outright REFUSE to accept an adjournment to allow them to produce it. You've taken time out of your day to attend this and you managed to comply with all deadlines & directions.

Say to your Judge, that the Claimant deserves no 'relief from sanctions' and have been cut more than enough slack by being allowed to serve evidence 3 days beforehand.

Without landowner authority it cannot be assumed they have standing to sue in their own name and are not just contractors with a 'bare licence' to put some signs up and issue paperwork on behalf of their principal. Some parking firms only hold a bare licence and can never sue as some (rare but true) landowner contracts prohibit it.

any final hints and tips before the hearing?

https://forums.moneysavingexpert.com/discussion/comment/75876667#Comment_75876667

HTH

headhacker

Great tips. Thanks Coupon Mad!

headhacker

Here's what happened on my day in Walsall County Court.

A representative from Gladstones/ Euro Parking Services failed to show up.
The Judge had read through both WS before I entered the room so had a good idea what the case was about. He read through the Parking Tariff (50p for 1 hour, £1 for 2 hours, £2.50 for all day) and agreed with me and said it was logical that as I had put £2 in the machine then I should have got 4 hours of parking.

He also went on to say that he couldn't understand why I had been pursued by Gladstones and dismissed their claim. He also mentioned that the signs were inadequate and placed too high non the wall (about 10 feet up, away from the meter).

He asked if I had costs , which I presented to him again but he said that the maximum I could claim was £95 plus travelling so awarded me £120 to be paid with 21 days.

I really enjoyed the experience, although I was expected the claimant to show up and was slightly disappointed that he didn't.

Thanks to everyone here for all the help. Its been a learning curve over the last two years, but would definitely fight again if I ever got a ticket on my windscreen

Weasel_Watcher

Well done. You could always stick around here, and offer advice to others based on your valuable experience.