Gladstones /court defence help

D_P_Dance

Are they allowed to add on interest and then a daily incurring charge?

They can ask what they want,  they are  very unlikely to get a penny, read this

They have added what appears to be an extra unlawful amount for debt collection. Judges have dismissed an entire claim because of this. Read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V%20Excel%20v%20Wilkinson.pdf?dl=0

Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

 

tboo

Why do I need to complain to my MP? I am not the OP.

D_P_Dance said:

Are they allowed to add on interest and then a daily incurring charge?

They can ask what they want,  they are  very unlikely to get a penny, read this

They have added what appears to be an extra unlawful amount for debt collection. Judges have dismissed an entire claim because of this. Read this and complain to your MP.

patient_dream

tboo said:

Are they allowed to add on interest and then a daily incurring charge?

Do many parking companies do this?

Yes they do try to add interest but most judges don't allow it.

It's the contractual charge which is rubbish, doubt those tiny little signs will mention that and it is the signs that form a contract ... you need to check if you can

THE £70 IS FAKE and Gladstones know it, they are trying to mislead you and the court

The trouble for Gladstones is whoever signed the statement of truth could be held in contempt of court

Right now, Gladstones are being prosecuted by the SRA for some very unsavoury deeds.  Are they stupid enough to put their neck on the block again.

These people are not the smartest page in the book, incompetence rules with them

Dane19

Coupon-mad said:

Can I say that he stoped and got out to read read the sign and then left once realising it’s terms. Even though it’s logical would it hold any weight ?

Absolutely.

Write it alongside the fact that he realised he was in the wrong place, reset the Satnav and left, finding alternative parking nearby instead.  AND quoting the correct Code of Practice for that year, about AOS members having to allow a fair consideration period to read signs and elect not to enter into any contract, by leaving the premises, as he d

Something like this? 

IPC CODE OF PRACTISE  2017- 2019 OCT

15. Grace Periods 15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so they may make an informed decision as to whether or not to remain on the site. 15.2 Drivers must be allowed a minimum period of 10 minutes to leave a site after a pre-paid or permitted period of parking has expired. 15.3 The reference to 10 minutes in 15.2 above shall not apply where the period of pre-paid or permitted parking does not exceed 1 hour providing that the signage on the site makes it clear to the motorist, in a prominent font, that no grace period applies on that land. 

who determines what a sufficient amount of time is/

Coupon-mad

Well that self-serving and vague IPC CoP (written for the benefit of paying member parking firms)  is part of it but I wrote what you should write, in a form of words that says more.

Dane19

I went to the site over the weekend and took pictures, no signs on entrance of the road mentioning private road or no parking , there were few signs high up on posts but you cant read the conditions even getting close to them, unless you take a pic and enlarge it like i did.
i wonder whats been tipexed out

D_P_Dance

That  sign looks rather high, with rather a lot of small print .Is it on a Council lampost?  If so, does the PPC have Council permission?  

Dane19

D_P_Dance said:

That  sign looks rather high, with rather a lot of small print .Is it on a Council lampost?  If so, does the PPC have Council permission?  

The ones on the lamp post are very high and there are a couple on normal posts but still high. It’s a private road so would they need permission? 

D_P_Dance

You would have to ask the Council that.  

Coupon-mad

But that's a blind alley, no point wasting time on that.