Gladstones / PREMIER PARKING ENFORCEMENT LTD

NumbersGoAndCome

Thought I would share my journey but also, what do you think defence wise?

Parking ticket issued for approximately 5 minutes 58 seconds, driver does not leave the car, passenger does, and then returns. I was not the driver, he (passenger) was reading the sign and then left, writing was very small and he is elderly.

In short, my defence (in addition to the several supportive statements given in the pinned threads) was that parking was below the 10 minute grace period, the driver never left the car, in effect the terms were being read, considered and refused by leaving / not parking up, or to that effect.

They (Gladstones) have sent the terms of the car park in a generic picture form, not of the actual car park. That car park being a private one for use by the business owner.

Premier Parking refused the SRA without ID, utility and bank statements, that's now a seperate complaint with ICO to see if it is proportionate to ask for such details when the email, name and address match their solicitors details they have for myself and the claim details I gave to the court. They were not interested in my complaint (big surprise?  :'().

Mediation / Hearing stage next.

Car1980

I was not the driver, he (passenger) was reading the sign and then left, writing was very small and he is elderly.

Either way, no contract was formed. Contract was read, offer was declined and so the vehicle left the car park. No consideration was exchanged - nothing of value, such as money, was given and the hire of the parking space by the other side did not occur. Therefore no contract existed to have been breached.

The elderly driver may have taken slightly longer than an able person to read the contract, but you cannot discriminate under the Equality Act 2010 by giving them the same 5 minute grace period. 

Stick to the contract law angle and you'll be sorted.

NumbersGoAndCome

Apologies it should read "PREMIER PARKING ENFORCEMENT LTD" I cannot edit the original post.

NumbersGoAndCome

Coupon-mad said:

You can now.

And please answer my question re defence.

Thanks for that.

Yes tweaked it for relevance and used some extra bits;

- Grace period / consideration period (really just to give an example of the time it takes to consider and accept or refuse)
- The differences RE: Beavis, if they are going to use that one
- The driver never parks up and leaves
- When I emailed them they give an after the event set of terms and conditions as a document, may well have been on the sign I do not know but you cannot use new terms retrospectively. 

NumbersGoAndCome

An update:

Had the mediation before, went like below.

Mediator: You owe £260. You can pay £255. You never appealed.

Me: Gives brief overview of situation citing some relevant law and specifics to the case.

20 seconds later

Mediator: The otherside said "Noted".You rejected the offer. Court is next.

Me: The details I gave haven't been considered.

Mediator: Goodbye.

💨

NumbersGoAndCome

Have the hearing listed soon, literally like 5 days notice to get the witness statements and evidences filed.

The hearing date is also not guaranteed.

Let's see how it goes.

I do say try to visit the site as soon as possible of where they say you had a ticket, in my case I couldn't find adequate signage, may help may not.

Le_Kirk

There is help available in the NEWBIE sticky Post 2 - LETTERS ABOUT HEARINGS - WITNESS STATEMENT AND EVIDENCE TIME! Find that and keep reading. Some good examples are by: -

@JackR1, @aza123 includes Chan & Akande; @Kpmp54 is recent & has Chan & Akande and, if required/suitable Smith, Edward & Wilkinson. Obviously only use Chan & Akande if your defence was based around no breach pleaded and you used Chan & Akande.

Coupon-mad

Gladstones cases do go to hearings, so expect to have to attend.

Show us your draft WS and exhibits (the recommended exhibit list is of course in the WS /evidence section of the NEWBIES thread second post).

NumbersGoAndCome

They missed the deadline for the witness statement exchange, I already sent mine. I sent by email but had no response from the court, sent by post also just in case.

Let's see what the court says, if the hearing is to take place (says its not guaranteed).

NumbersGoAndCome

https://forums.moneysavingexpert.com/discussion/comment/82017017#Comment_82017017

Well they missed it and instead relied on CPR 27(9) to serve a late statement, technically may work for them but I would expect a SRA registered firm to behave better, just look at what they have put a litigant in person/layman through.

The statement doesn't really address any of my points and accuse me of the usual internet gobbledygook 😓

They said they won't be attending. I think they will be but are using the rule to shove the late statement in.

Let's see what happens.

NumbersGoAndCome

Final update: claim dismissed. Took 2 months almost for Order to arrive.

The Judge said Gladstones do not turn up at this Court (at least what was experienced by the Judge), and wanted to get straight to the point as to why it was being defended. I went through the issue of signage and visibility, the Judge reviewed, some questions about evidence, then agreed and dismissed the claim.

I later informed about late filing and was told if that was brought up first, the claim would have been immediately dismissed.

Managed to get some costs, though nothing paid / not sure if they will pay?

@Coupon-mad