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Le_Kirk

Defences are written in the Third Person. You have allowed an "I" to slip in, whereas it should be "the Defendant." You still need points about signage and no landowner authority, which you should take from one of the 17 pre-written defences you will find in the NEWBIE sticky post # 2. You might want to look again at the Abuse of Process thread by beamerguy as the comment by Coupon-mad at post # 14 on that thread is now somewhat longer.

sav100

Thank you Le_Kirk.

I am not sure the signage and landowners authority areas apply?

I have been provided with a copy of the contract between OPS and the land owner agent.

It states "It is hereby agreed that One Parking Solution Ltd shall have the right to enter into contracts with motorists for the purpose of enforcing parking control on every site to which this agreement relates and shall be regarded as the 'editor' for the purposes of the Protection of Freedoms Act 2012. Accordingly, One Parking Solution Limited shall have the right to recover parking charges from the drivers of such vehicles".

KeithP

Signage always applies.
It is the signs that offer, or fail to offer, a contract to the motorist.

I think 'editor' is intended to read 'creditor' in that contract.

Does that contract have an expiry date? Does it state that it renews each year for evermore?

sav100

Thank you KeithP.

Yes, that should've read 'creditor' - my typo.

The contract states it is for 12 months, then a 'rolling contract' every month thereafter, signed on 12/05/2016.

sav100

Coupon-mad, I have tried private messaging you, but have received the following reply:

Coupon-mad has exceeded their stored private messages quota and cannot accept further messages until they clear some space.

Le_Kirk

C-m keeps her PM box full and will invite posters to PM her where appropriate. Most questions can be asked and answered on the open forum where you will receive the benefit of several contributors.

Coupon-mad

This OP is allowed to pm me but my pm box is full at the mo and I am out soon. Back in the evening and I will weed some out and reply to those who are waiting!

Doing pms and email for local cases is more of a chore than just posting here, so it takes some time and I do them in batches. It's harder a week before Xmas!

sav100

Update:

I have served my defence and now Gladstones have responded, offering mediation.

Should I simply decline, or do I need to play the game?

I have no intention of paying a penny, so unless they offer to wipe the notice as part of the mediation, I have no interest!!!!

The_Deep

From what you have told us there is little scope for mediation. IMO, if they are daft enough to take this to court they will crash and burn.

Have you complained to your MP?

Fruitcake

sav100 wrote: »

Thank you Le_Kirk.

I am not sure the signage and landowners authority areas apply?

I have been provided with a copy of the contract between OPS and the land owner agent.

It states "It is hereby agreed that One Parking Solution Ltd shall have the right to enter into contracts with motorists for the purpose of enforcing parking control on every site to which this agreement relates and shall be regarded as the 'editor' for the purposes of the Protection of Freedoms Act 2012. Accordingly, One Parking Solution Limited shall have the right to recover parking charges from the drivers of such vehicles".

How do you know signage and landowner authority don't apply? Just because the scammers say they have authority does not mean a judge will agree.
Remember, parking scammers tell lies.
They have to win on each and every point you include, whereas you only need to win on one. The more points you make them prove, the better your chances.

Please show us a copy of the contract, plus images of the site and signage.

Upload images to a web hosting site such as postimages, tinypic, dropbox etcetera, then paste the URL here but change https to hxxps. Someone here will then change it back to a live link.

Ensure the hosting site is not in anyone's real name, and don't post anything other than parking images to do with this case in it. If you post images of documents, ensure personal info is properly redacted.
You may think this is obvious, but it has happened.

Oh, forget mediation as TD has already said. It goes like this.

Scammers: - Pay us lots of many
You: - No.

End of mediation. It is often though the mediators are on the side of the claimants.