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  • FIRST POST
    • stuffinavan
    • By stuffinavan 4th Dec 19, 1:21 AM
    • 3Posts
    • 3Thanks
    stuffinavan
    Gladstones Court Claim for OneParkingSolution
    • #1
    • 4th Dec 19, 1:21 AM
    Gladstones Court Claim for OneParkingSolution 4th Dec 19 at 1:21 AM
    Hello all

    I have received a court claim from gladstones for £249.60 who are representing One Parking Solution regarding a PCN served in brighton in August of last year.

    Because all correspondance had been going to my previous business address and my landlord only just forwarded me the most recent letters, a LBC and now this court claim, I had no idea it was all going on. Had i received the original 'pcn' at the time i would have appealed with popla as i have done so before succesfully, i cant remember getting the hard copy so maybe someone moved it or someone was borrowing my vehicle who didnt pass on it, i dont know.

    The letters didnt even have my correct name or prefix on.

    I have read through the newbies thread and i think I am on track with the list, although I have left things a bit late.

    I went through the SAR process and gladstones rejected it as expected, and they also requested i update my ID and current address, as I asked them to send future correspondance to my new address. No response from OPS.

    As I cant recall the original 'incursion' im not sure how to go about my defence. I imagine, as ususal, their signage was insubstantial, and the parking not clearly delineated. I dont live there any more but i could get a friend to get some pictures quite easily. Its hard to know exactly to where they refer on this industrial estate because they refuse to provide any info.

    For my defence, I have read a few, and will try and collate the most relevant aspects, will have to rely on their bad signage the main defence i suppose.

    I have read the guide timeline on what to do and when, i think im on track for that.

    I also cant seem to find One Parking Solution on the IPC list, does that help?

    Any advice appreciated.

    Defence -


    I am the Defendant in this claim, -----------, and and I assert that the Claimant has no cause for action for the following reasons:

    1.It is admitted that the Defendant was the authorised registered keeper of the vehicle in question at the time of the alleged incident.

    2. It is believed that it will be a matter of common ground that claim relates to a purported debt as the result of the issue of a Parking Charge Notice (PCN) in relation to an alleged breach of the terms and conditions by the driver of the vehicle ------- when it was parked at Freshfield Business Park, Brighton.

    3. Based upon the scant and deficient details contained in the Particulars of Claim and correspondence, it appears to be the Claimant's case that:
    a. There was a contract formed by the Defendant and the Claimant on --/--/2018.
    b. There was an agreement to pay a sum or parking charge
    c. That there were Terms and Conditions prominently displayed around the site
    d. That in addition to the parking charge there was an agreement to pay additional and unspecified additional sums.
    e. The Claimant company fully complied with their obligations within the International Parking Community Code of Practice of which they were member at the time.

    4. It is denied that:
    a. A contract was formed
    b. There was an agreement to pay a parking charge.
    c. That there were Terms and Conditions prominently displayed around the site or that the parking areas were clearly delineated or the signs adequately lit.
    d. That in addition to the parking charge there was an agreement to pay additional and unspecified additional sums.
    e. The claimant company fully complied with their obligations within the International Parking Community Code of Practice of which they were member at the time.

    5. No verbal or hard copy of the original PCN or other allegation of breach of contract reached the defendant at the time, meaning no fair opportunity for the proper appeal process at an earlier stage was available.

    6. Due to changes of address, and the fact that the letters were improperly addressed, the defendant was only made aware of the claim upon receipt of the Court Claim, more than a year later than the purported breach of contract. Despite Subject Access Requests being submitted to both the claimant and the parking company they represent, no information regarding the breach of contract was provided, further hampering attempts to deal with this claim.
    7. The Defendant did not enter into any 'agreement on the charge', no consideration or communication took place between the parties and therefore no contract was established.

    8. The Defendant denies that they would have agreed to pay the original demand of £100 to agree to the alleged contract had the terms and conditions of the contract been properly displayed and accessible.
    a. The amount demanded is excessive and unconscionable and especially so when compared to the level of Penalty Charge Notice issued by the local Council which is set at £50 or £25 if paid within 14 days.

    9. The signage on this site was inadequate to form a contract with the motorist.
    a. The signage on and around the site in question was unclear and not prominent and did not meet the British Parking Association (BPA) Code of Practice or the International Parking Community (IPC) Code of Practice. The Claimant was a member of the IPC at the time and committed to follow its requirements. Therefore no contract has been formed with driver to pay the amount demanded by the Claimant, or any additional fee charged if unpaid in 28 days.
    b. The size of font of the prices advised for parking is much larger than the font of the contract and the offer is not sufficiently brought to the attention of the motorist, nor are the onerous terms (the £100 parking charge) sufficiently prominent to satisfy Lord Dennings "red hand rule”.
    c. In the absence of ‘adequate notice’ of the terms and the charge (which must be in large prominent letters such as the brief, clear and multiple signs in the Beavis case) this fails to meet the requirements of Schedule 4 of the POFA.

    10. The Claimant’s representatives, Gladstones, have artificially inflated the value of the Claim to £249.60. The Defendant submits the added costs have not actually been incurred by the Claimant; that these are figures plucked out of thin air and applied regardless of facts and are in fact part of a automated and highly profitable system which takes advantage of the public by way of poor signage, misrepresentation of contract as fine and the bare minimum of communication when contacted.
    a. If the “parking charge” listed in the particulars of claim is to be considered a written agreement between Defendant and Claimant then under 7.3, the particulars fail to include “a copy of the contract or documents constituting the agreement”.
    b. The Claimant has at no time provided an explanation how the sum has been calculated, the conduct that gave rise to it or how the final amount has been reached. This appears to be an added cost with no apparently no qualification and an attempt at double recovery, which the POFA Schedule 4 specifically disallows, or worse still, pure profiteering.
    b. The Protection of Freedom Act Para 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper.

    Non-disclosure of reasonable grounds or particulars for bringing a claim:
    11. One Parking Solution Ltd are not the lawful occupier of the land. The Defendant has reasonable belief that they do not have the authority to issue charges on this land in
    their own name and that they have no rights to bring action regarding this claim.
    a. The Claimant is not the landowner and is merely an agent acting on behalf of the
    landowner and has failed to demonstrate their legal standing to form a contract.
    b. The Claimant is not the landowner and suffers no loss whatsoever as a result of a
    vehicle parking at the location in question
    c. The Claimant is put to proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third party
    agent, the Claimant may not pursue any charge
    d. The Particulars of Claim are deficient in establishing whether the claim is brought in trespass. If the driver on the date of the event was considered to be a trespasser if not allowed to park there, then only the landowner can pursue a case under the tort of trespass not this Claimant, and as the Supreme Court in the Beavis vs ParkingEye (2015) [2015] UKSC 67 case confirmed, such a matter would be limited to the landowner themselves claiming for a nominal sum.

    12. The Particulars of Claim fail to fulfil CPR Part 16.4 because it does not include a statement of the facts on which the claimant relies, only referring to a Parking Charge Notice with no further description; it fails to establish a cause of action which would enable the Defendant to prepare a specific defence with regard to the original breach of contract.

    13. The claimant has not provided enough details in the particulars of claim to file a full defence. In particular, the full details of the contract which it is alleged was broken have not been provided.
    a) The Claimant has disclosed no cause of action to give rise to any debt.
    b) The Claimant has stated that a parking charge was incurred.
    c) The Claimant has given no indication of the nature of the alleged charge in the Particulars of Claim. The Claimant has therefore disclosed no cause of action.
    d) The Particulars of Claim contains no details and fails to establish a cause of action which would enable the Defendant to prepare a specific defence.
    It just states “parking charges” which does not give any indication of on what basis the claim is brought. There is no information regarding why the charge arose, what the original charge was, what the alleged contract was nor anything which could be considered a fair exchange of information. The Particulars of Claim are incompetent in disclosing no cause of action.

    14. The Defendant invites the court to strike out or dismiss the claim under Rule 3.4(2)(a) of PRACTICE DIRECTION 3A as having not set out a concise statement of the nature of the claim or disclosed reasonable grounds or particulars for bringing a claim (Part 16.4(1)(a) and PRACTICE DIRECTION 16 paragraphs 3.1-3.8). In C3GF84Y (Mason, Plymouth County Court), the judge struck out the claim brought by KBT Cornwall Ltd as Gladstones Solicitors had not submitted proper Particulars of Claim, and similar reasons were cited by District Judge Cross of St Albans County Court on 20/09/16 where another relevant poorly pleaded private parking charge claim by Gladstones was struck out without a hearing due to their ‘roboclaim’ particulars being incoherent, failing to comply with CPR16.4, and ''providing no facts that could give rise to any apparent claim in law''. The Practice Direction also sets out the following example which is analogous to this claim: ‘those which set out no facts indicating what the claim is about, for example ‘Money owed £5000’.’

    15. The Defendant researched the matter online, and discovered that the Claimant is a member of the Independent Parking Committee (IPC), an organisation operated by Gladstones Solicitors. They also operate the Independent Appeals Service (IAS), the allegedly independent body appointed by the Claimant’s trade body, the IPC. This research revealed that the IAS, far from being independent, is a subsidiary of the IPC, which in turn is owned and run by the same two Directors who also run Gladstones Solicitors. The individuals in question are John Davies, and William Hurley. These findings indicate a conflict of interest. Such an incestuous relationship is incapable of providing any fair means for motorists to challenge parking charges, as well as potentially breaching the Solicitors Regulation Authority Code of Conduct.

    16. The Claimant’s solicitors are known to be a serial issuer of generic claims similar to this one, with no due diligence, no scrutiny of details nor even checking for a true cause of action. Her Majesty's Courts and Tribunals Service have identified over one thousand similar poorly produced claims and the solicitors conduct in many of these cases is believed to be currently the subject of an active investigation by the Solicitors Regulation Authority.

    17. The Defendant believes the terms for such conduct is ‘robo claims’ which is against the public interest, demonstrates a disregard for the dignity of the court and is unfair on unrepresented consumers. The Defendant has reason to believe that this is a claim that will proceed without any facts or evidence supplied until the last possible minute, to their significant detriment as an unrepresented Defendant.

    18. The Defendant respectfully suggests that parking companies using the small claims track as a form of aggressive, automated debt collection is not something the Courts should be seen to support.

    19. The Defendant denies the claim in its entirety voiding any liability to the claimant for all amounts due to the aforementioned reasons. It is submitted that the conduct of the Claimant is wholly unreasonable and vexatious.

    20. The Defendant invites the court to dismiss this claim out as it is in breach of pre court protocols in relation to the particulars of claim under Practice Direction 16, set out by the Ministry of Justice and also Civil Procedure Rules (CPR) under 16.4 and to allow such Defendant’s costs as are permissible under Civil Procedure Rule 27.14.

    I believe the facts stated in this Defence Statement are true.
Page 1
    • KeithP
    • By KeithP 4th Dec 19, 1:23 AM
    • 18,997 Posts
    • 23,669 Thanks
    KeithP
    • #2
    • 4th Dec 19, 1:23 AM
    • #2
    • 4th Dec 19, 1:23 AM
    What is the Issue Date on your County Court Claim Form?


    I also cant seem to find One Parking Solution on the IPC list, does that help?
    They are a BPA Approved Operator.
    .
    • Coupon-mad
    • By Coupon-mad 4th Dec 19, 1:26 AM
    • 79,154 Posts
    • 93,009 Thanks
    Coupon-mad
    • #3
    • 4th Dec 19, 1:26 AM
    • #3
    • 4th Dec 19, 1:26 AM
    I went through the SAR process and gladstones rejected it as expected, and they also requested i update my ID and current address, as I asked them to send future correspondance to my new address. No response from OPS.
    Did you email Anne at OPS, the data protection officer, and did you give them your new address, because maybe they sent your SAR to the old address, if not?

    I also cant seem to find One Parking Solution on the IPC list, does that help?
    Nope, they are BPA.

    As you are in Brighton, the usual applies:

    https://forums.moneysavingexpert.com/showthread.php?p=76497122#post76497122

    https://forums.moneysavingexpert.com/showthread.php?p=76492963#post76492963

    https://forums.moneysavingexpert.com/showthread.php?p=76420870#post76420870

    What is the issued date of your court claim?

    Have you done the AOS?

    Which car park is this about? Stanmer Park? Peacehaven? Eastgate Wharf?
    Last edited by Coupon-mad; 04-12-2019 at 1:29 AM.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • stuffinavan
    • By stuffinavan 4th Dec 19, 10:14 PM
    • 3 Posts
    • 3 Thanks
    stuffinavan
    • #4
    • 4th Dec 19, 10:14 PM
    • #4
    • 4th Dec 19, 10:14 PM
    Yup I have done AOS

    Issue date 11th November - my understanding is that makes service date 15th, meaning I had until the 30th to do AOS and now have a further 14 days to submit a defence? Forgive me if im wrong theres a lot to take in

    I am not sure whether my email to OPS went to anne, i found a link to dataprotection@oneparking.co.uk - though I have now sent them another email with an updated address.

    The place in question is the Freshfield industrial estate in kemptown, though i'm not sure exactly where on the estate it refers to and theres no further information being provided...
    • KeithP
    • By KeithP 4th Dec 19, 10:25 PM
    • 18,997 Posts
    • 23,669 Thanks
    KeithP
    • #5
    • 4th Dec 19, 10:25 PM
    • #5
    • 4th Dec 19, 10:25 PM
    Issue date 11th November - my understanding is that makes service date 15th, meaning I had until the 30th to do AOS and now have a further 14 days to submit a defence?
    Originally posted by stuffinavan
    That's quite close. Did you file the AoS before Monday this week - 2nd December?

    With a Claim Issue Date of 11th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 16th December 2019 to file your Defence.

    That's nearly two weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


    When you are happy with the content, your Defence could be filed via email as suggested here:
    1. Print your Defence.
    2. Sign it and date it.
    3. Scan the signed document back in and save it as a pdf.
    4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    5. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
    6. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.
    7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are trying to keep you under pressure. Just file it.
    8. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.
    .
    • Coupon-mad
    • By Coupon-mad 5th Dec 19, 12:39 AM
    • 79,154 Posts
    • 93,009 Thanks
    Coupon-mad
    • #6
    • 5th Dec 19, 12:39 AM
    • #6
    • 5th Dec 19, 12:39 AM
    Send me a pm when you have a court date (and your SAR as well) and I'll try to attend if you wish me to help and/or speak in court for you.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • BrownTrout
    • By BrownTrout 5th Dec 19, 5:48 AM
    • 861 Posts
    • 1,257 Thanks
    BrownTrout
    • #7
    • 5th Dec 19, 5:48 AM
    • #7
    • 5th Dec 19, 5:48 AM
    Gift horses spring to mind here
    • The Deep
    • By The Deep 5th Dec 19, 9:50 AM
    • 15,976 Posts
    • 16,766 Thanks
    The Deep
    • #8
    • 5th Dec 19, 9:50 AM
    • #8
    • 5th Dec 19, 9:50 AM
    I have received a court claim from gladstones for £249.60

    They may have shot themselves in the foot here, judges are cottoning on tto this double/over claiming.

    Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, as it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    You never know how far you can go until you go too far.
    • stuffinavan
    • By stuffinavan 6th Dec 19, 12:00 AM
    • 3 Posts
    • 3 Thanks
    stuffinavan
    • #9
    • 6th Dec 19, 12:00 AM
    • #9
    • 6th Dec 19, 12:00 AM
    Amazing thanks everyone, especially you Coupon, though i live in bristol now, not brighton, so ill understand if youd rather not make the trip... but that would be amazing. You people need to be sainted.

    I have had a reply from Anne at OPS now and will be providing her with my updated address so hopefully SAR on its way...
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