Defence/Witness statement

pints

update: I emailed Gladstones Solicitors and have been given this reply:

Whilst our Client is of course sympathetic to Key Workers during the most difficult of times, we draw your attention to the fact that this particular ticket was issued in August 2018, some two years prior to the Covid-19 pandemic. We will of course take instructions from our Client as to the content of your correspondence. However, the Covid-19 pandemic cannot and should not be used as an excuse to absolve yourself of any liability, particularly in respect of a ticket issued before the onset of the pandemic.

 

Coupon-mad

You were not trying to do that, and there is no debt liability for you to 'absolve' yourself of!  You were telling them about the 'here and now' reality of being sued by a scum parking firm who need to disappear back down their hole.  

Basially, Gladstones would say that, woudn't they?!  But they do discontinue LOADS of claims so of course it is worth throwing in the human element to focus their minds on dropping this meritless case.

pints

Update:
After much back and fourth with Gladstones Solicitors, I received this reply:

'Our Client is of the opinion that the charge has been legitimately applied as you were parked in breach of the Terms and Conditions of parking.

However, as before and as a gesture of goodwill, our Client is willing to reduce the charge to the original value of £60.00 in recognition of your status as a Key Worker during the Covid-19 pandemic.'

The Terms and Conditions of parking are:

Residents and Visitors must display a valid permit

Park fully within a marked bay

No parking on double yellow lines

No over staying in a time sensitive bay

Authorisation to park in an allocated bay must be granted by the landowner

No disabled bays are available

Further to this, they state 'the original value of £60' - The original value is actually £100, I'm still unaware of where the additional £60 comes from. I asked for this information in my reply to their LBC in March 2020 and continue to ask for this but this is not being provided.

 

Coupon-mad

PPC is New World Facilities East Essex

Ex-clamper bunch.  Not someone to offer anything to!  

Push it back and refuse and tell them you will accept nothing less than an apology from the parking firm and for them to cancel the PCN.  Remind Gs that this client has lost every reported case or discontinued, and that if they waste your time with a claim you will counterclaim because there is no cause of action and the parking firm had no reasonable cause to obtain DVLA data.

Here's one they lost earlier!

https://forums.moneysavingexpert.com/discussion/5902510/gladstones-lbc-received-for-residential-parking-spot-new-world-facilities-east-essex-ltd/p9

Is yours also about a residential car park? Read that entire thread from p1.  I've given you p9 (the court report of the win) to start you off confidently.

pints

Thank you very much for the reply and that Thread is extremely useful!
This does also relate to a residential car park. 
I have emailed GS again.
I intend on making complaints about this PPC and GS, however is it worthwhile complaining to the IPC?
I also have drafted an email to my local MP.

Coupon-mad

Complain to the IPC anyway whether it's worthwhile or not (and it's not).  Head it up 'FORMAL COMPLAINT' so they have to count it.  

pints

I have lodged a formal complaint to the IPC.
Gladstones reply:
We believe we have made our position quite clear. We have nothing further to add.

Anyone else I can make formal complaints to?

Coupon-mad

Managing Agents of the residential car park.
Your MP.
The DVLA for releasing data to this bunch for no reason.

D_P_Dance

Also consider a complaint to Trading Standards.

pints

Many thanks for the replies, multiple complaints have been issued.

IPC - predictably state they cannot assist in the matter
the management company asked for evidence of living at the location which I provided and I'm waiting to hear back from them.

Gladstones maintain their stance and continue to refuse to engage with communication. They state that the terms & conditions were breached on the basis that I 'did not receive permission from the landowner i.e the claimant'. Regardless of the fact they themselves state their 'client believes you parked there because you lived there' as I showed them evidence of this.
Further to this the sign states 'New World Facilities East Essex LTD patrols and enforces this private land on BEHALF on the landowner'.