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  • FIRST POST
    • doughboy2000
    • By doughboy2000 6th Nov 18, 10:53 AM
    • 16Posts
    • 6Thanks
    doughboy2000
    Claim form received, advice needed please!
    • #1
    • 6th Nov 18, 10:53 AM
    Claim form received, advice needed please! 6th Nov 18 at 10:53 AM
    Hi, Guys,

    (Sorry, the Newbies guide said to start a new thread)

    In December 2017 someone parked in a Lidl car park then nipped into town for 20 mins then came back intending to call into Lidl after putting what they bought from town into my vehicle first. As they opened the van they saw a PCN on the windscreen and a parking guy approached and said you can't leave the premises whilst parked here. A few weeks later they got a fine telling them to pay up, but they binned it after reading somewhere that they couldn't enforce it.

    Fast forward to Nov 18 and they just had a claim form from Euro Parking Services asking for 245.

    Is all lost now? Is there anything they can do now it's got to this stage?

    Thanks
    Last edited by doughboy2000; 06-11-2018 at 11:26 AM.
Page 1
    • Quentin
    • By Quentin 6th Nov 18, 10:58 AM
    • 37,942 Posts
    • 22,055 Thanks
    Quentin
    • #2
    • 6th Nov 18, 10:58 AM
    • #2
    • 6th Nov 18, 10:58 AM
    You say you read the newbies faq


    Then ask if all is lost now you have a court claim???


    Reread the FAQ


    #2 covers court claims right through to the hearing


    Throughout here you are advised never to reveal who was driving


    Edit your post to remove details of the driver
    • IamEmanresu
    • By IamEmanresu 6th Nov 18, 11:07 AM
    • 3,769 Posts
    • 6,183 Thanks
    IamEmanresu
    • #3
    • 6th Nov 18, 11:07 AM
    • #3
    • 6th Nov 18, 11:07 AM
    Preston or Newcastle-u-L.

    There are a couple of threads about concerning the way they operate on Lidl sites e.g. there is a guy sits in a car with a camera waiting for people to leave.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • The Deep
    • By The Deep 6th Nov 18, 11:23 AM
    • 10,583 Posts
    • 10,419 Thanks
    The Deep
    • #4
    • 6th Nov 18, 11:23 AM
    • #4
    • 6th Nov 18, 11:23 AM
    245 is way way too much, they are tryoing to defraud you. Even if this went to court and they won, the most a judge is like to award then would be c@ 175 - 200.

    Is there a solicitor involved, if so they will know that the amount demanded is more than the law allows and you should therefore complain to their regulatory body, the SRA.

    http://www.sra.org.uk/home/home.page

    Also complain to your MP, read this

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. It has even been suggested that some of these companies have links with organised ccrime.

    Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by early in the New Year.
    You never know how far you can go until you go too far.
    • doughboy2000
    • By doughboy2000 6th Nov 18, 11:50 AM
    • 16 Posts
    • 6 Thanks
    doughboy2000
    • #5
    • 6th Nov 18, 11:50 AM
    • #5
    • 6th Nov 18, 11:50 AM
    Thank you for the rapid replies and advice guys. Maybe I misunderstood about starting a new thread, sorry.

    Some details: The incident was at Newcastle U Lyme and the solicitors are Gladstones. They are claiming 170 but the court fee and costs brings it to 245.

    I confess I'm completely new to this legal stuff, is the Claim Form a court summons? In the newbie guide #2 it says only 1% of cases go to court but I'm already at that stage am I not?
    • The Deep
    • By The Deep 6th Nov 18, 11:55 AM
    • 10,583 Posts
    • 10,419 Thanks
    The Deep
    • #6
    • 6th Nov 18, 11:55 AM
    • #6
    • 6th Nov 18, 11:55 AM
    Gladstones should know better, they are trying to scam you, imo bringing their profession into disrepute, make sure that you bring this to the attention of the SRA.
    You never know how far you can go until you go too far.
    • Quentin
    • By Quentin 6th Nov 18, 11:57 AM
    • 37,942 Posts
    • 22,055 Thanks
    Quentin
    • #7
    • 6th Nov 18, 11:57 AM
    • #7
    • 6th Nov 18, 11:57 AM
    If you have a Claim it should be obvious!


    Is the claim from the Court or a letter from Gladstones?
    • beamerguy
    • By beamerguy 6th Nov 18, 12:00 PM
    • 9,302 Posts
    • 12,231 Thanks
    beamerguy
    • #8
    • 6th Nov 18, 12:00 PM
    • #8
    • 6th Nov 18, 12:00 PM
    Thank you for the rapid replies and advice guys. Maybe I misunderstood about starting a new thread, sorry.

    Some details: The incident was at Newcastle U Lyme and the solicitors are Gladstones. They are claiming 170 but the court fee and costs brings it to 245.

    I confess I'm completely new to this legal stuff, is the Claim Form a court summons? In the newbie guide #2 it says only 1% of cases go to court but I'm already at that stage am I not?
    Originally posted by doughboy2000
    Gladstones are trying the fake charge on with everyone.

    I imagine the ticket was 100 ?

    THE TICKET CANNOT INCREASE

    Their fake add-on is normally 60 so nobody knows what the 70 extra is for, just more scamming by Gladstones

    LEARN ABOUT THIS FAKERY AND EXTORTION
    https://forums.moneysavingexpert.com/showthread.php?p=74439905#post74439905
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • IamEmanresu
    • By IamEmanresu 6th Nov 18, 1:20 PM
    • 3,769 Posts
    • 6,183 Thanks
    IamEmanresu
    • #9
    • 6th Nov 18, 1:20 PM
    • #9
    • 6th Nov 18, 1:20 PM
    The issue with N-u-L is that the signs are unclear and don't actually form a contract. EPS have lost at this site before so they are trying to get you to wobble.

    Search for EPS/Lidl to see the other threads related to this. You should also get a pic of the signs and the layout. AFAIK there is more than one PPC at that site.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • KeithP
    • By KeithP 6th Nov 18, 2:04 PM
    • 10,664 Posts
    • 11,049 Thanks
    KeithP
    What is the Date of Issue on your Claim Form?

    Can you please post the exact contents of the Particulars of Claim box on your Claim Form - masking personal details of course.
    .
    • doughboy2000
    • By doughboy2000 6th Nov 18, 6:46 PM
    • 16 Posts
    • 6 Thanks
    doughboy2000
    Thanks everyone.

    Issue date is 02/12/2017

    Particulars of claim:
    The driver of the vehicle registration (the 'Vehicle') incurred the parking charge(s) on **/12/2017 for breaching the terms of parking on the land at Lidl & Travelodge The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle. AND THE CLAIMANT CLAIMS 160 for Parking Charges/Damages and Indemnity costs if applicable, together with interest of 10.74 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing to Judgment at 0.04 per day.
    Last edited by doughboy2000; 06-11-2018 at 6:54 PM.
    • Quentin
    • By Quentin 6th Nov 18, 6:50 PM
    • 37,942 Posts
    • 22,055 Thanks
    Quentin
    You sure about that date?


    Looks the date of the incident not the claim
    • Coupon-mad
    • By Coupon-mad 6th Nov 18, 6:51 PM
    • 63,875 Posts
    • 76,533 Thanks
    Coupon-mad
    OK, same as every Gladstones case; start by reading other defences involving these keywords (put all 3 into 'advanced search'):

    Lidl Euro Gladstones

    Do that forum search and spend some time reading other threads like yours. To read loads of winning ones, try this keyword search:

    another one bites the dust Gladstones

    And read the NEWBIES thread 2nd post, of course al is not lost, you are probably - at last - about to start the process to win the case, as 99% of people here still do.

    We want to know that you have done the AOS as shown in pictures in the 2nd post of the sticky thread, and the DATE OF THE CLAIM.
    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
    • doughboy2000
    • By doughboy2000 6th Nov 18, 7:28 PM
    • 16 Posts
    • 6 Thanks
    doughboy2000
    Sorry issue date is 02 NOV 2018.

    Euro Parking Services Limited is registered with IPC

    Thanks, will search and read!
    • Redx
    • By Redx 6th Nov 18, 7:40 PM
    • 19,911 Posts
    • 25,202 Thanks
    Redx

    I confess I'm completely new to this legal stuff, is the Claim Form a court summons?
    Originally posted by doughboy2000
    yes its a civil court claim form if it came from the address listed for Northampton CCBC (a government office)

    NO, it is NOT a summons, a summons is issued for a criminal offence, this isnt one

    it is a court claim and is dealt with in your local county court, but that comes later down the line

    for now, its do the AOS online by registering and using the reference on the bottom right of your claim form

    then its draft your DEFENCE and post it below, for critique

    so just 2 things to do for now , which then gives you all of this month to hone your defence
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • KeithP
    • By KeithP 6th Nov 18, 7:40 PM
    • 10,664 Posts
    • 11,049 Thanks
    KeithP
    issue date is 02 NOV 2018.
    Originally posted by doughboy2000
    With a Claim Issue Date of 2nd November, you have until Wednesday 21st November to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

    Having done the AoS, you then have until 4pm on Wednesday 5th December 2018 to file your Defence.

    Over four weeks. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


    When you are happy with the content, your Defence should be filed via email as described 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) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
    7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.
    .
    • doughboy2000
    • By doughboy2000 6th Nov 18, 8:33 PM
    • 16 Posts
    • 6 Thanks
    doughboy2000
    Would it be better to make sure the Driver has a good defence before submitting the acknowledgment of service?

    Thanks
    • Quentin
    • By Quentin 6th Nov 18, 8:37 PM
    • 37,942 Posts
    • 22,055 Thanks
    Quentin
    There is no detriment at all to doing an AOS


    All it does is buy you time to prepare a defence (or make an informed decision not to defend the claim!)


    (Why is the Driver doing the defence??)
    • KeithP
    • By KeithP 6th Nov 18, 8:38 PM
    • 10,664 Posts
    • 11,049 Thanks
    KeithP
    Would it be better to make sure the Driver has a good defence before submitting the acknowledgment of service?
    Originally posted by doughboy2000
    No .
    .
    • doughboy2000
    • By doughboy2000 6th Nov 18, 9:24 PM
    • 16 Posts
    • 6 Thanks
    doughboy2000
    Ok thanks.

    Quentin (its the anonymity thing)
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