Euro Parking Services PCN - Gladstones - Help (Please review my defense)

sasansgh

Hi, 

Just over a year ago (August 2021), I dropped my gf at the Birmingham coach station in the early hrs of day. The coach was delayed so I ended up staying in the coach station's car park for more than 30 mins which apparently is the limit (I genuinely didn't know there was a limit). I received a PCN via post with pics from EPS ltd which I believe showed that I overstayed by more than around 12 mins. Unfortunately I have lost the letter as I moved house recently, so I can't remember the details. 

I appealed the PCN explaining that the coach was late, but unsurprisingly they rejected my appeal. I then contacted national express to get them cancel the ticket as the cause of overstay was on their delay, but they also refused to do anything about it. I then decided to leave it. The last and only communication I had after the PCN letter was an email from EPS ltd which had a letter attached to it basically saying that they rejected the appeal. The letter is dated late august 2021. 

I didn't hear anything from them after that, and I moved out of my old address a couple months ago, but still have access to the address as my family live there. 

Until a couple of weeks ago when I was told by my family i that I've received a court letter (claim form) dated 8 August 2022. I'm pretty sure I did not receive any communication between their response to my appeal and the claim form(things such as PAP etc). So after reading this forum I submitted Acknowledgment of Service on 11 August 2022 and the moneyclaim website shows that my AOS was received on 12 August 2022. I also submitted SAR request on 11 August both to EPS and also Gladstones as I've lost the original PCN and can't remember the details. I sent the SAR request to the email provided in EPS' website but got a reply saying that the officer is on maternity leave. I subsequently made an enquiry on their website explaining that I made the request as instructed by their officer is on maternity leave - received no response. I strongly doubt they are going to come back to me in the allowed 30 days. 

My first question is: When is the deadline for filing the defense? Is it 10 September 2022 (8 august + 5 + 28) or because I did AOS earlier than 5 days, would the 28 day start from when my AOS submitted or received (so 8 or 9 September respectively)?

My second question is regarding defense, do you think my defense below would work? I used the template from this forum, only going to change section 2 and 3 below, everything else will be unchanged. 

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

 

3. The defendant was issued a PCN by post for an alleged overstay at a short stay customers only car park for the Birmingham Coach Station. The event relates to more than a year ago when the defendant was to drop off passengers for a coach trip at very early hours of the day which was very dark. The coach was due to depart at 6:30 am. The photograph provided in the PCN did not show any evidence of any signage with terms at the time of day when the alleged overstay occurred. The defendant never received any letter via post other than the PCN letter in the last year and a recent subject access request under Data Protection Act 1998 has been completely ignored by the claimant.

There is very limited signage about the car park stay limitation upon entry to the car park. There is a sign high up to the right of entry with some very faintly printed wording which is impossible to read whilst driving in car, especially in the darkness of the early hours of the day. The area was very dark and poorly lit when the alleged contravention had taken place and the sign was also unlit. There is another sign further in the car park which has an equally small print font which is not possible to read unless standing directly in front of it and it was also unlit with grossly insufficient light.

KeithP

sasansgh said:

Until a couple of weeks ago when I was told by my family i that I've received a court letter (claim form) dated 8 August 2022. I'm pretty sure I did not receive any communication between their response to my appeal and the claim form(things such as PAP etc). So after reading this forum I submitted Acknowledgment of Service on 11 August 2022 and the moneyclaim website shows that my AOS was received on 12 August 2022. I also submitted SAR request on 11 August both to EPS and also Gladstones as I've lost the original PCN and can't remember the details. I sent the SAR request to the email provided in EPS' website but got a reply saying that the officer is on maternity leave. I subsequently made an enquiry on their website explaining that I made the request as instructed by their officer is on maternity leave - received no response. I strongly doubt they are going to come back to me in the allowed 30 days. 

My first question is: When is the deadline for filing the defense? Is it 10 September 2022 (8 august + 5 + 28) or because I did AOS earlier than 5 days, would the 28 day start from when my AOS submitted or received (so 8 or 9 September respectively)?

A court filing deadline will never be on a Saturday, Sunday or public holiday. If the calculated deadline falls on such a day, then one is allowed until 4pm on the next working day.
If you hadn't filed your Acknowledgment of Service early your Defence filing deadline would've been 4pm on Monday 12th September. But...

With a Claim Issue Date of 8th August, and having filed an Acknowledgment of Service on 12th August, you have until 4pm on Friday 9th September 2022 to file your Defence.

That's nearly three weeks away. Plenty of time to produce a Defence and it is good to see you are not leaving it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Le_Kirk

Is this a different issue to this one: -
https://forums.moneysavingexpert.com/discussion/6368684/letter-before-claim-from-gladstones-help/p1
If so continue on this thread/discussion, if not please continue on your other thread.

sasansgh

Le_Kirk said:

Is this a different issue to this one: -
https://forums.moneysavingexpert.com/discussion/6368684/letter-before-claim-from-gladstones-help/p1
If so continue on this thread/discussion, if not please continue on your other thread.

Unfortunately, this is a different issue!   

sasansgh

Can I please get some feedback on my defense below? Many thanks 

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

 

3. The defendant was issued a PCN by post for an alleged overstay at a short stay customers only car park for the Birmingham Coach Station. The event relates to more than a year ago when the defendant was there to drop off passengers for a coach trip at very early hours of the day just before the sunrise which meant it was dark. The coach was due to depart at 6:30 am. Firstly, there is serious doubt as to whether the time of entry recorded by the camera system is remotely accurate. The picture reproduced in the PCN only shows the bottom part of the front of a car without any sign of a plate number or even enough of the car so that the model and make can be discerned. It is absolutely unclear as to whether the recorded entrance time actually belongs to the car of the defendant. Secondly, the photograph provided in the PCN did not show any evidence of any signage with terms at the time of day when the alleged overstay occurred. The signage was clearly inadequate to clearly indicate the conditions of stay. There is very limited signage about the car park stay limitation upon entry to the car park. There is a sign high up to the right of entry with some very faintly printed wording which is impossible to read whilst driving in a car, especially in the darkness of the early hours of the day. The area was very dark and poorly lit when the alleged contravention had taken place and the sign was also unlit as far as the defendant recalls. There is another sign in the car park which has an equally small print font which is not possible to read unless standing directly in front of it and was also unlit.

KeithP

Do EPS already know who was driving?

Do you understand that a keeper has more protections in law than an admitted driver?

sasansgh

I think they know. I appealed the PCN and was rejected. Do you suggest not including that statement? and just say I admit I was registered keeper?

Coupon-mad

Nope, not if you already admitted to driving!

That draft defence is fine but you need to break that wall of text up into several smaller paragraphs.  Maybe add something pointing out that dropping off passengers is not parking.

sasansgh

Can someone please give me the email for Gladstones? the search function seems to be pulling out rubbish. 

DW190

https://letmegooglethat.com/?q=gladstones+solicitors+email+address

Coupon-mad

I think people use info@