Parking Ticket - Letter Before Claim - Gladstone Solicitors

Redx

olivery14 said:

SAR sent to DPO specific email at UKCPM

email sent to;
enquiries@gladstonesolicitors informing them “I am seeking debt advice but deny debt and case must be put on hold for no less than 30 days under PAP for debt claims 2017”

and I have sent your client a SAR 


next step just wait yes…..

Correct , wait for the SAR reply and any developments , stop making assumptions , it will unfold over time

When a book is started , the plot thickens , no peeking at the last page , it's not been written yet. !
Or there could be 2 or 3 endings , depending on the referee and any reserves brought on

MoneySavingClown

I love that analogy!

Redx

lol , I was watching football at the time , I predicted the first goal , didnt predict the sending off, predicted the equaliser and the end was completely rewritten by a certain Jesse which I definitely could not predict  

who would have thought that saga would go the way it did ?

olivery14

Hi Everyone, quick update, I have the SAR back and it shows me parked in spot at 6.03pm clearly with my car going 3 mins over the time I have paid for.

So based on what you have all said on this thread the Beavis case means I can not argue an excessive charge in court, and also update guidance on grace periods mean I can’t argue this successfully (only going 3mins over) 

I can’t see how I win this in court, everyone saying 99% win rate?? Surely if you have broken a contract you entered into (ie went over your parking time) this can be proven in court with the picture they have of my car, case closed. 

Breached my contract and I owe the £100 fine!! What judge wouldn’t say that a clear breach of contract is not fair. I’m  confused as to why everyone says 99% of cases are won in court.

Can someone please clearly explain this and please don’t direct me to newbies thread which is essays of information to find the tiny piece of crucial info I need.

Thanks really do appreciate the help 

olivery14

Apologies as I know we have gone through this, the reason to defend I guess is that even if I lose it’s a £100 fine and the £70 added costs I can almost definitely get removed (Wilkinson case)

So £100 plus fees, in fairness to me it does look like I am guaranteed to have to pay the fine as the evidence they have on me is clear cut 

D_P_Dance

What tiny piece of information do you need?  What judge, or why we win so many cases?

olivery14

@D_P_Dance the tiny piece of information is “how”
you win so many cases when it’s clear cut I have over stayed my parking and any judge could see that from
Photo showing evidence of this.

Therefore £100 charge is lawful (proof of this is shown via Beavis case) therefore it seems that any judge would say quite simply that I have breached contract and the amount charged is lawful.

How is this not just basic logical thinking…..

Not_A_Hope

Olivery14 - the PPC may have one piece of evidence allegedly showing a vehicle parked 3 minutes overtime. You don't even know the clock they used was correct. Some PPCs have been known to fabricate evidence if not maintain equipment properly.

If you read the draft defence you will see there are many defence points that are listed any one if which that could mean you win / the PPCs lose if it went to a hearing. For instance the fact they have added £70 to their claim is double recovery and not allowed by the courts. This alone could result in the whole claim being rejected. Have you seen a contract yet allowing them to send PCNs on this land? Many contracts either do not exist, are out of date or don't meet the requirements of the Companies Act.

Your job is to complete paras 2 and 3 of the defence template with your story and list these on the forum for comment. 

Later if the PPC decide to take their claim further you will write a detailed witness statement that the forum can comment on and help you hone so that the judge is more likely to find in your favour.

Giving up now would make no sense 

Coupon-mad

also update guidance on grace periods mean I can’t argue this successfully (only going 3mins over).

What do you mean?  Who cares about the self-serving 'guidance' within the industry about how they interpret consideration and grace periods?  Those CoPs have been found wanting and are being replaced.

More important next year will be what the Government thinks with the new statutory CoP (that you could refer to in evidence even though it will not apply retrospectively, it will be the indicator of 'best practice') and what your Judge thinks in the end in 2022.

In reality, Judges would likely consider that there must be a consideration period and a grace period and the former doesn't fall away when the person stays, that would be preposterous unless printed tickets from an entrance barrier, or flashing signs at the entrance tell you your expiry time (look at Sainsburys Coliier's Wood on Google StreetView and you see a system where it would be OK to have no consideration period - but they must still allow ten minutes grace because that's mandatory!

Redx

As far as I am concerned , 3 minutes over time is easily explained by grace periods , one after entering of say 5 minutes to read the signs , one at the end to exit the car park of say 10 minutes

The contracted parking time was from acceptance of the parking contract to the time of leaving the parking bay , not reading the signs , not the time to depart either

Plus 3 minutes is a trivial matter , De minimis in law , Google it

Plus there has to be a valid legal contract flowing from the landowner to the parking company , one that was in force at the time , many of these contracts are invalid or have lapsed , you have no idea if a valid contract is in place !

Straight reply , no frills , no directing you to the newbies FAQ sticky thread , but do download and read the relevant CoP ( yours is the IPC CoP )  , reading the grace periods section closely