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Gladstones court case for parking in own residential bay
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Jillabean
Posts: 20 Forumite
The defendant received a parking fine nearly 2 years ago for Es parking. The defendant was parked in their own allocated parking bay for their own property, with valid permit displayed in corner driver side window. The pictures taken from the parking inspector blatantly cut out the window the permit was placed. The defendant spoke to the owner of the company who told them they wouldn’t be able to take it any further due to the picture evidence and to send an email appeal and it would be dropped. The defendant did so and around 4 months later started to receive demand letters, which then turned into solicitors. Gladstones are the 3rd solicitors to represent them and the defendant has now recieved a claim form from the court. I have read through some previous threads on here but there is nothing like my case. Could anyone help please.
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Comments
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there are plenty of "own space" threads on here including ongoing court cases, especially by Gladrags
start by reading post #2 of the NEWBIES FAQ sticky thread
then try using the drop down forum search box and suitable search words0 -
A situation so common that there is a template defence on the newbies thread.
Simply delete the paragraphs that don't apply, add in something that does apply and presto!
Your case may well be "I don't need a permit, but even if I did, one was displayed."
Oh, and do make sure you write to Gladstones now, acknowledging the claim and making clear that you expect their traffic officer to come to court so he can be cross examined. They will (almost certainly) not produce him.0 -
Ok thank you I!!!8217;ve read through a lot and can!!!8217;t see any where the permit was actually displayed and the company have cropped it off the pictures taken. Will have another look though thank you.0
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You will no doubt have done some research and realised that these claims usually cost the PPC a lot more than they would gain if they won, why they persist I do not know, perhaps a high proportion of HB recipients pay them.
This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.
Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct
Hospital car parks and residential complex tickets have been especially mentioned.
The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.
http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41
and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.You never know how far you can go until you go too far.0 -
Hi, this is what I have so far. Any help to expand or alter would be very much appreciated thanks.
Preliminary
1. The Particulars of Claim lack specificity and are embarrassing. The Defendant is prejudiced and is unable to prepare a full and complete Defense. The Defendant reserves the right to seek from the Court permission to serve an Amended Defense should the Claimant add to or expand his Particulars at a later stage of these proceedings and/or to limit the Claimant only to the evidenced allegations in the Particulars.
2. The Particulars of Claim fail to refer to the material terms of any contract and neither comply with the CPR 16 in respect of statements of case, nor the relevant practice direction in respect of claims formed by contract or conduct. The Defendant further notes the Claimant's failure to engage in pre-action correspondence in accordance with the pre-action protocol and with the express aim of avoiding contested litigation.
Background
3. It is admitted that at all material times the Defendant is the registered keeper of vehicle registration mark xxxx which is the subject of these proceedings.
4. It is admitted that on xxxxx the Defendant's vehicle was parked at xxxxxxxxxx.
Authority to Park and Primacy of Contract
5. It is denied that the Defendant or lawful users of his/her vehicle were in breach of any parking conditions or were not permitted to park in circumstances where an express permission to park had been granted to the Defendant permitting the above mentioned vehicle to be parked by the current occupier and leaseholder ofxxxxxxxxx, whose tenancy agreement permits the parking of vehicle(s) on land. The Defendant avers that there was an absolute entitlement to park deriving from the terms of the lease, which cannot be fettered by any alleged parking terms. The lease terms provide the right to park a vehicle in the relevant allocated bay, without limitation as to type of vehicle, ownership of vehicle, and the user of the vehicle or the requirement to display a parking permit. A copy of the lease will be provided to the Court, together with witness evidence that prior permission to park had been given.
6. The Defendant avers that the operator signs cannot (i) override the existing rights enjoyed by residents and their visitors and (ii) that parking easements cannot retrospectively and unilaterally be restricted where provided for within the lease. The Defendant will rely upon the judgments on appeal of HHJ Harris QC in Jopson v Homeguard Services Ltd (2016) and of Sir Christopher Slade in K-Sultana Saeed v Plustrade Ltd [2001] EWCA Civ 2011. The Court will be referred to further similar fact cases in the event that this matter proceeds to trial.
7. Accordingly it is denied that:
7.1. there was any agreement as between the Defendant or driver of the vehicle and the Claimant
7.2. there was any obligation (at all) to display a permit; although in fact there was a valid permit on clear display, which the defendant believes has been purposely cropped out of the photographs issued by the claimant.
7.3. the Claimant has suffered loss or damage or that there is a lawful basis to pursue a claim for loss.
Alternative Defense - Failure to set out clearly parking terms
8. It is denied that the Claimant has standing to bring any claim in the absence of a contract that expressly permits the Claimant to do so, in addition to merely undertaking parking management. The Claimant has provided no proof of any such entitlement.
9. It is denied that the Claimant has any entitlement to the sums sought.
10. It is admitted that interest may be applicable, subject to the discretion of the Court on any sum (if awarded), but it is denied that interest is applicable on the total sums claimed by the Claimant.
STATEMENT OF TRUTH
I confirm that the contents of this Defense are true.0 -
The word is 'Defence'.
You seem to have based your Defence on Johnersh's one in the NEWBIES thread, but why have you substituted the word 'defense' throughout?
Why have you left out the whole section on signage?
Were/are the signs at your location up to the required standard?0 -
Sorry laptop set to US not UK, will amend before sending.
I feel the signs were adequate. My main reason for defense is that it is the defendants parking space that they pay for as part as a monthly maintenance fee. The defendant had their permit displayed and the parking inspector cut it off the picture, which is clear to see when anyone looks at it.0 -
But then I guess I!!!8217;m not sure what the required standard is. Sorry I!!!8217;m new to this, I!!!8217;ve no idea what I!!!8217;m doing.0
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Very often signs are not as good as they should be.
Can you perhaps show us pictures?
Upload any pics to somewhere like dropbox, tinypic, etc and post a link to them here.
As a new user you won't be able to post a live link, but just changing http to hxxp before posting is usually good enough.
You might want to consider switching off smart punctuation on your ipad/iphone to make your posts easier to read.0 -
I feel the signs were adequate.
DO NOT concede that. NONONO. Put it back in!
The signs ARE the contract and you CAN'T concede that they were clear, you almost kill your case if so.
Bet the £100 is not in large letters, bet the signs are sporadically placed by the bins store or on distant walls, not near the bays. Or obscured by trees/bushes.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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