Euro Carparking Services "fore court action"

KeithP

Muffinman2k said:

2 - Do I do a SAR? or is that not needed?

Current thinking is not to send a SAR at this stage.
The reasoning is that if the forthcoming Particulars of Claim are so poor, you really don't want them supplying details that are best left unknown.
Yes, send a SAR after having filed a Defence if you wish, but not before.

Coupon-mad

... go back to chasing shadows for phone contract and energy providers.

That version is amusing but it was written for BW Legal who do the above. Gladstones don't.

Use the one in the NEWBIES thread.

Muffinman2k

Ok thanks.

I went with Coupon-mad who said it was non pofa when I posted back in November.

I will hold of on the SAR until needed.

Do I send the generic response to enquiries@gladstonessolicotors.co.uk stating the reference number as given in the LBC.  I see others have sent it and had no acknowledgement.   Then do I sit and wait?

Thank you everyone.

Grizebeck

It makes no difference if you reply 
You will get a court claim regardless so IMHO it's frankly irrelevant 

Castle

LDast said:

No idea where you get the idea that the NtK is not PoFA compliant. The wording is PoFA complaint and the date of issue is also compliant as it was deemed delivered 2 working days after which was within the required 14 days after the parking event. So, the keeper is liable if the driver is not identified.

The paragraph at the bottom of the first page of the NTK which starts "please be warned" claims that the 28 days starts with the day after the issue date; (should be date given, so, not POFA compliant).

LDast

Well spotted. Won’t be acknowledged by BWL though. Will require an order with the defence to force them to discontinue or have the claim struck out.

peterkesa

hello, 

did you get any update with this? Im in the same situation. 

Muffinman2k

Hi All,

 

I have now an update.  I received acknowledgment 2 months and 4 days later of my response.  I used the template asking for VAT and damages/consideration.

 

The awfully nice people have given me 7 days to pay. Fat chance.  They also refer to attached images, which there wasn’t and went back to adequate signage etc. They have not supplied any information on VAT as requested, just stating it’s a predetermined nominal contribution to the losses.

 

Do I go back with the following and report for VAT to inland revenue?

 

Dear XX,

Answer the question about VAT on the extortionate £100 nominal* fee your firm added on £60 debt.

Answer the question Is this damages, or will it be pleaded as consideration for parking?

Yours sincerely

YYY

*Nominal: A nominal amount of money is very small compared to an expected price or value.  

Cambridge English Dictionary

 

Attached a redacted version of the email response. It does say the content shouldn’t be shared...

Dear YYY

 

We acknowledge receipt of your recent correspondence, and apologise for the delay. The contents of which have been noted and our response below.  

We write regarding the outstanding parking charge you hold on our files. 

The PCN was issued at our Clients Site XXXXXXXXXXXX for the following reason: failed to pay for the duration of the stay.

Your correspondence has been duly acknowledged, however, your vehicle remained on the premises that contravenes the terms and conditions for the use of the private land on which it was photographed.

These terms and conditions are clearly stipulated throughout the area and upon review, we are confident that the PCN was correctly issued, in line with these signs. The advertised contractual terms state 'Drivers must pay for the parking period required and enter the full and correct vehicle registration'. This is clearly outlined by the signage and the onus is on the driver to ensure compliance with the terms. There are sufficient signs on site warning motorists should they park their vehicle in contravention of the terms and conditions it will result in a parking charge being issued to the vehicle. If you choose to park outside of the terms set out on the sign, you accept the charge set out on the sign. The signs form the contract between yourself and our Client

Please refer to the attached images for your reference relating to the contravention.

Further, your appeal was received by our Client and rejected.

 

With that being said, our Client remains satisfied that the charge was issued correctly and £160.00 remains outstanding.

 

The Amount Due/ Debt includes £60.00 claimed by our Client for the time/resources spent facilitating the recovery of the unpaid parking charge notice(s) pursuant to its ATA’s Code of Practice and the Terms and Conditions of the Contract, which was entered into upon the driver of the vehicle entering the Relevant Land. The amount is a pre-determined and nominal contribution to our Client’s losses as a direct result of your non-payment. The remaining £100.00 is the increased parking charge as no payment was received from the initial PCN, you also chose to appeal the charge instead of taking advantage of the discounted option.

 

You can make payment via the following methods:

  

Removed

 

If you fail to do so, we may be unable to allocate your payment. This may result in further costs being incurred, for which you will be liable. 

  

In the absence of payment by 16/10/2024, our Client may elect to issue proceedings without further notice.

  

Should it become necessary to issue legal proceedings, we suggest you follow the steps on the claim form upon receipt of the same.  

  

It is at this juncture we remind you of your right to access legal advice if you are unsure of the process. 

  

Kind Regards, 

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/80900074/#Comment_80900074

https://forums.moneysavingexpert.com/discussion/comment/80950615/#Comment_80950615

Muffinman2k

Thanks I will re read the threads and draft a reply and report to HMRC.