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.

Coupon-mad

There's no firm called Premier Parking Ltd. When you get the right to edit posts (soon) please edit the thread title to show the right name of the Claimant, as it'll cause confusion between 3 companies.

Did you use the forum defence wording?

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.

Coupon-mad

You can now.

And please answer my question re defence.

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.

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