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  • FIRST POST
    • Searc
    • By Searc 13th Mar 18, 1:47 AM
    • 12Posts
    • 2Thanks
    Searc
    Parking & Property (IPC) -> Gladstones -> Court
    • #1
    • 13th Mar 18, 1:47 AM
    Parking & Property (IPC) -> Gladstones -> Court 13th Mar 18 at 1:47 AM
    I have read the newbies thread but it is my 1st PCN in UK so still learning legal staff and language.
    So any help would be appreciated!

    + 07.06.17 I found windscreen PCN from Parking & Property management, member of IPC. Reason is - Parking in no parking area. Parking charge 100.00
    It is issued on private road, it is even dosn't exist on Google map. The road is U-shape, 2 lines.

    + 12.07.17 Received NTK

    + 02.08.17 Posted complaint (appeal).
    I used IPC template from newbies thread and also added extra key points -

    ....
    Based on my research I believe what your Parking Charge Notice breaks IPC code of practice V6 of April 2017 Part E Schadule 1.
    The following information on the site is missing and likely the reason of breach of the IPC code of practice:

    a. No entrance sign from XXXX rd. about entering into private land.
    b. No sign around used car park space, which display the full terms and conditions.
    ....

    Admin - Please insert my photo!
    https://
    image.ibb.co/hjOmxn/new_board.jpg

    I think it supports my complaint regarding breach of the IPC code of practice.
    I errased parked cars where it was issued with PCN.
    Please note red arrow about 25 m behind the car - It is 1st signage location on the road. I considered it as a starting point where parking conditions apply.
    Please note another signage circuled in red - it is on oposite side of 1st signage and considered as the sign for residents car park.

    Also there is no photo in their evidences where my car and the sign is on the same photo. So basically my car could have been anywhere in the world, there is no link with their sign.

    + 8.08.17 Received appeal rejection letter as part of copied below.

    ... you vehicle was observed at the time the PCN was issued parked in no parking area. The photographic evidence supports the issue of the parking charge. Please reffer to photographic evidence ....
    which clearly shows vehicle in a no parking area.

    The signage on the site is clearly visible and information on signage informs the driver of the parking conditions at the location. Signage is prominent throughout the parking area.
    Signage location, size, content and font has been audited by IPC.

    It is the driver's responsibility, to check for signage, check the legality and obtain authorisation for parking before leaving their vehicle.

    It is not within out gift to provide details of our contract with the client without their express permission to do so.

    The charge is based on contract


    Also Parking & Property management offered to pay reduced rate 60.00 in 14 days timeframe

    I ignored it.

    + 10.11.17 Received Gladstones LBC
    ref. 1XXXXXXXX.
    amount due 160.00

    We are on behalf of the Claimant and we have been instructed to commence legal action against you to recover the amount due above, as you failed to settle the debts that are owing, or privide a valid reason for non-payment
    We understand that our client written to you to request payments but amount is still outstanding.

    The charge amount includes 60.00 claimed by our client for its time spent and resource facilitating the recovery of the charge.
    The amount is a pre-determinated and nominal contribution to our Client's losses as a direct result of your non-payment


    ....

    If you believe you vahe valid reason for non-payment, you are able to reply pursuant to Paragraph 4 of Pre-Action Protocol for Debt Claims under Civil Procedure rules 1998.
    Aversion of the Information sheet and reply form taken from PAP can be completed on our website. Alternatively you can request a paper version.

    we reffer you to Paragraf 2.1(c) of the PAP which obliges the parties to act reasonably and proportionatey.

    Please pay or reply within 30 days.

    .....


    + 07.12.17 Replied to Gladstones

    I require your client to comply with its obligations by sending me the following information/documents:

    1. Whether they are pursuing me as driver or keeper. This question was already asked in my letter of 02.08.2017 and ignored by Parking and Property Management Ltd

    2. Photo evidences where my car parked and the sign is on the same photo.

    3. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice V6 part B, clause 1.1 “establishing yourself as the creditor”

    4. A site plan showing where any signs were displayed including location of entrance sign from XXXXX rd. about entering into private land to comply with IPC code of practice V6 of April 2017 Part E Schadule 1.

    5. Details of the signs displayed (size of sign, size of font, height at which displayed)

    6. Up-to-date statement of account for the debt

    7. Provide a printed copy of the Information Sheet and the Reply Form


    +22.01.18 Received reply from Gladstones (my comments are in brackets)

    1. You are pursuted as the driver of the vehilcle, you have failed to prove otherwise and as such it is safe to assume you were the driver of the vehicle on the date of the incendent

    2. Please find enclosed
    (Requested evidences where my car parked and the sign is on the same photo. They enclosed the same photos as before. No photo where my car parked and the sign is on the same photo)

    3. At this stage we are not obligated to provide a copy of the contract, our Client has the ability under this contract to issue charges at the site. In any event, your contract is with our Client direct and this is the primary contract.

    4. At this stage we are not obligated to provide a copy of the site plan, please see the enclosed photographs, sign can be seen in the vicinity
    (????) of your vehicle.

    5. This is irrelevant to the charge itself.
    (requested details of the signs displayed)

    6. This is irrelevant to the charge, the full amount can be seen above and consist of the original 100.00 charge and 60.00 incurred by our Client for having to 'chase' the debt and otherwise employ staff to do other than their smployment states.
    .
    7. Enclosed Information Sheet and the Reply Form


    + 20.02.18 Replied to Gladstones

    1. Please provide full details of a source what named me as a “driver of the vehicle” and how did your get personal data of the “driver”. This is request is issued in accordance with The Data Protection Act

    2. You are not provided a photo where the car parked and the sign is on the same picture. Your photo of a sign has no location coordinates and may be taken anywhere in this world.

    3. As a solicitor your are refused to provide me with the necessary information I requested in order to defend myself against the alleged debt as it advices in Paragraph 2.1 (A) of PAP. Also the manner of the reply can’t be considered as reasonable and proportionate in all dealings as it advices in Paragraph 2.1 (C) of PAP

    4. Site plan is requested because it is unclear where the photo of the sign is taken. As a solicitor your are refused to provide me with the necessary information I requested in order to defend myself against the alleged debt as it advices in Paragraph 2.1 (A) of PAP. Also the manner of the reply can’t be considered as reasonable and proportionate in all dealings as it advices in Paragraph 2.1 (C) of PAP

    5. Details of the signs displayed on site (size of sign, size of font, height at which displayed) are relevant information for drivers and to defend myself against the alleged debt.

    6. This is not a statement of account for the debt.

    7. Please provide details of Alternative Dispute Resolution (ADR) procedure in accordance to Paragraph 6 of PAP

    + 08.03.18 Received Court Claim Form

    Particulars of claim:
    The driver of the vehicle ... incurred the parking charge on 07.06.17 for breaching the terms of parking on the land at .........
    The defendant was driving the vehicle and/or is the Keeper of the vehicle and the claimant claims 160.00 for Parking charges / Damages and indeminity costs if applicable, together with interest of 8.18 pursuant to s69 of the County Court Act 1984 at 8% pa continuing to Judgment at 0.04 per day.

    Amount claimed 168.18
    Court fee 25.00
    Legal representative's cost 50.00
    Total amount 243.18

    Looking for defence advice in my particular situation.
    Have many questions and I will ask in following post.

    But first of all. What do you think, can I defence myself successful?
Page 2
    • Searc
    • By Searc 25th Apr 18, 8:28 PM
    • 12 Posts
    • 2 Thanks
    Searc
    Received N180 today.
    Going to post it back to CC tomorrow.

    Do I need to send a copy of my N180 to Gladstones?
    • Coupon-mad
    • By Coupon-mad 25th Apr 18, 10:26 PM
    • 63,872 Posts
    • 76,517 Thanks
    Coupon-mad
    In the NEWBIES thread, bargepole tells you about the boxes to tick and who to send it to.
    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
    • nosferatu1001
    • By nosferatu1001 26th Apr 18, 10:36 AM
    • 3,921 Posts
    • 4,719 Thanks
    nosferatu1001
    Yep, and even better if you read the form it even tells you to send it to the claimant - as they are a party to the claim.
    • Searc
    • By Searc 2nd Jun 18, 11:30 PM
    • 12 Posts
    • 2 Thanks
    Searc
    Right, Have now Notice of Allocation to the Small Claim track (Hearing)

    Hearing will take place at 6th August in my local CC.

    As well as I undrstand the notice is also required the Claimant to pay 25.00 trial fee by 9th of July or the claim will be struck. Not sure if Gladstones going to pay but anyway will try to check it after the set date.
    • KeithP
    • By KeithP 2nd Jun 18, 11:41 PM
    • 10,628 Posts
    • 11,017 Thanks
    KeithP
    Make a note of when your Witness Statement is due.

    It'll be on your Notice of Allocation.
    .
    • Coupon-mad
    • By Coupon-mad 3rd Jun 18, 12:54 AM
    • 63,872 Posts
    • 76,517 Thanks
    Coupon-mad
    Right, Have now Notice of Allocation to the Small Claim track (Hearing)

    Hearing will take place at 6th August in my local CC.

    As well as I undrstand the notice is also required the Claimant to pay 25.00 trial fee by 9th of July or the claim will be struck. Not sure if Gladstones going to pay but anyway will try to check it after the set date.
    Originally posted by Searc
    You appear to have missed the most important date for YOU to take action!
    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
    • Searc
    • By Searc 4th Jun 18, 11:52 PM
    • 12 Posts
    • 2 Thanks
    Searc
    Make a note of when your Witness Statement is due.

    It'll be on your Notice of Allocation.
    Originally posted by KeithP
    Yes it is there, 14 days before the hearing. 23rd of July I believe
    • Coupon-mad
    • By Coupon-mad 5th Jun 18, 12:06 AM
    • 63,872 Posts
    • 76,517 Thanks
    Coupon-mad
    OK so we will help you again when you show us your WS draft and evidence ideas.

    Examples are in the NEWBIES thread, and/or just search the forum for Witness Statement unauthorised no permit (or similar keywords).
    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
    • Searc
    • By Searc 13th Jul 18, 11:36 AM
    • 12 Posts
    • 2 Thanks
    Searc
    'ok I have update.
    Just received letter from HM Courts and Tribunal Service as bellow

    Further to the Order dated 24 May 2018 requesting that the Claimant pay the hearing fee of 25.00 by 9 July 2018
    The Court has not received the required hearing fee by the due date and has now struck out the claim as the order stated. The hearing listed on 6 August 2018 will be vacated and taken out of the Court list.
    • IamEmanresu
    • By IamEmanresu 13th Jul 18, 3:07 PM
    • 3,769 Posts
    • 6,181 Thanks
    IamEmanresu
    Further to the Order dated 24 May 2018 requesting that the Claimant pay the hearing fee of 25.00 by 9 July 2018. The Court has not received the required hearing fee by the due date and has now struck out the claim as the order stated. The hearing listed on 6 August 2018 will be vacated and taken out of the Court list.
    Hope the OP didn't do a lot of work on the WS. There is no point in doing anything until the hearing fee is paid as is clear from this case. No cash to HMCTS - no hearing - no need to do a WS
    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
    • beamerguy
    • By beamerguy 13th Jul 18, 3:54 PM
    • 9,276 Posts
    • 12,207 Thanks
    beamerguy
    Further to the Order dated 24 May 2018 requesting that the Claimant pay the hearing fee of 25.00 by 9 July 2018
    The Court has not received the required hearing fee by the due date and has now struck out the claim as the order stated. The hearing listed on 6 August 2018 will be vacated and taken out of the Court list.
    Originally posted by Searc
    Gladstones no doubt dreaming up so many fake claims
    that they forgot

    Such a low quality company
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
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