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Count court claim form private parking
Dheeraj
post Mon, 18 Mar 2019 - 15:12
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Hello experts,

I have received a court claim form for parking in a private space. They had sent me PCN which I did not reply to or accepted to pay. The parking company is Euro Parking Services ltd and the solicitors are Gladstones solicitors ltd. Need advice on what do to in this scenario.

Many thanks
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post Mon, 18 Mar 2019 - 15:12
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Dheeraj
post Mon, 18 Mar 2019 - 15:26
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Please find attached the court claim form received.

This post has been edited by Dheeraj: Mon, 18 Mar 2019 - 15:29
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Jlc
post Mon, 18 Mar 2019 - 16:33
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No detail to go on. Is it your space?


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Dheeraj
post Mon, 18 Mar 2019 - 16:47
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Hi, I have uploaded the court claim image on this forum, do you mean is it not visible?
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ManxRed
post Mon, 18 Mar 2019 - 16:49
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The parking space. Do you own it/rent it/have use of it/given permission by the person who does own it, etc?


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Dheeraj
post Mon, 18 Mar 2019 - 16:52
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This parking space is privately owned and I do not have any permission. This is meant for office users working in the building there. The car was parked there for few minutes on a Sunday.

The parking space is called Red Lion Court and it's in Hounslow.

This post has been edited by Dheeraj: Mon, 18 Mar 2019 - 16:55
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ManxRed
post Mon, 18 Mar 2019 - 16:54
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Can you get any pictures of the signs, so we can see the wording?

Please supply as much detail as you can here, you're not giving us much to go on.


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Sheffield Dave
post Mon, 18 Mar 2019 - 21:16
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Is "a few minutes" less than about 10 minutes? If so, they're supposed to offer you a grace period to enter, read the signs, decide not to accept the contract, and leave.
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Dheeraj
post Wed, 20 Mar 2019 - 10:04
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I went to the site yesterday and got the pictures. Please find them attached here, please let me know if they are enough or any other information from the site is needed. I could not find the original letter from them where it stated the time so not sure whether it was less than 10 minutes or more. Please advise if this can be requested again or be checked online and I will do the necessary steps? Thanks a lot.

This post has been edited by Dheeraj: Wed, 20 Mar 2019 - 10:05
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ManxRed
post Wed, 20 Mar 2019 - 10:23
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OK, as I thought; The signs do not offer any kind of parking service to anyone who isn't in a pre-authorised vehicle or holding a permit.

If there is no offer of parking then the basic requirements for forming a contract with the driver are not present (in basic terms, 'offer', 'acceptance', and 'consideration'), and no contract can be formed. If there is no contract then there is no breach, and hence no charge for a breach.

Parking in what is effectively a 'no parking' arrangement would be a Trespass issue, for which only the landholder can take action (not some parking company) and only for nominal or actual damages, not some made-up £100 charge.

I'm not an expert on putting together defences, but that would be one of the main points I'd focus on.


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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Dheeraj
post Wed, 20 Mar 2019 - 11:41
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Thanks a lot for the information. I am quite new to this, could someone help me writing a defence for this please? Do I need to appear in court for that?
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ostell
post Wed, 20 Mar 2019 - 13:54
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Look around the forum for other defences and use them as a basis for your defence. Post up on here for citique
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Dheeraj
post Thu, 21 Mar 2019 - 09:40
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Hi, I just noticed you have replied to other post http://forums.pepipoo.com/index.php?showtopic=126757 with a similar issue. Shall i follow the same advice to acknowledge the claim (if i acknowledge the cliam, do i have option to settle it out of court or i loose that), subject access request and gather documents from solicitor? I know your guys are expert but bit worried and wanted to ask what are my chances of winning this based on the comments? Is it quite common to have these signs which do not form a part of contract and cases have been won on those basis? Should i look for any other signs that (i might have missed?) and may make me enter into contract.

Also is it worth speaking to the parking company or solicitors directly with the below defense?

QUOTE (ManxRed @ Wed, 20 Mar 2019 - 10:23) *
OK, as I thought; The signs do not offer any kind of parking service to anyone who isn't in a pre-authorised vehicle or holding a permit.

If there is no offer of parking then the basic requirements for forming a contract with the driver are not present (in basic terms, 'offer', 'acceptance', and 'consideration'), and no contract can be formed. If there is no contract then there is no breach, and hence no charge for a breach.

Parking in what is effectively a 'no parking' arrangement would be a Trespass issue, for which only the landholder can take action (not some parking company) and only for nominal or actual damages, not some made-up £100 charge.

I'm not an expert on putting together defences, but that would be one of the main points I'd focus on.


This post has been edited by Dheeraj: Thu, 21 Mar 2019 - 09:41
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ManxRed
post Thu, 21 Mar 2019 - 10:29
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You need to acknowledge the claim, you will be defending in full, do not dispute jurisdiction unless you live somewhere other than England or Wales, and do not put anything whatsoever in the defence box.

This buys you 33 days. In this time we need to pull together your defence, using all points that are relevant and useful, which may be much more than just the above point on the signs. Wait for more contributions.

You can still cancel any time up to the hearing although they could add on the filing fee to their costs depending on when you fold. I can't remember what the filing fees are (£25?) but it's worth fighting this ticket in my opinion.

Do you have any paperwork (Notice to Keeper, letters) you can share with us (redacted of course)?

This post has been edited by ManxRed: Thu, 21 Mar 2019 - 10:35


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Dheeraj
post Thu, 21 Mar 2019 - 10:55
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Thanks a lot for the quick reply. will fight it out then, I will search for the documents and post it here. One question on court judgement, if i loose it, there will be a county court judgement against me which might affect my credit rating, do you know how does that work. I heard if i pay with in one month, i get removed from the register and brings my credit rating back to normal?

QUOTE (ManxRed @ Thu, 21 Mar 2019 - 10:29) *
You need to acknowledge the claim, you will be defending in full, do not dispute jurisdiction unless you live somewhere other than England or Wales, and do not put anything whatsoever in the defence box.

This buys you 33 days. In this time we need to pull together your defence, using all points that are relevant and useful, which may be much more than just the above point on the signs. Wait for more contributions.

You can still cancel any time up to the hearing although they could add on the filing fee to their costs depending on when you fold. I can't remember what the filing fees are (£25?) but it's worth fighting this ticket in my opinion.

Do you have any paperwork (Notice to Keeper, letters) you can share with us (redacted of course)?


This post has been edited by Dheeraj: Thu, 21 Mar 2019 - 10:55
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Dheeraj
post Thu, 21 Mar 2019 - 11:23
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AoS filed and attached here. does it look ok? There was a mention of 'do not put anything in the defense box", there was no defense box to fill, did i do something different or wrong?
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ManxRed
post Thu, 21 Mar 2019 - 11:30
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Sorry, I was referring to acknowledging online, which is the best way to do this. There will be a password on the front of the claim form and instructions.


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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Dheeraj
post Thu, 21 Mar 2019 - 11:35
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The form i have attached is the response from an AoS filed online. There was no defence box to fill. I have removed all personal details, hence it's mostly looking blank. Does that look ok content wise? Also i can see there is an email id for euro parking service for subject access request i.e. dpo@europarkingservices.com. Will write to them. Do you prefer to send a letter by post to Gladstone or email is ok as well?

QUOTE (ManxRed @ Thu, 21 Mar 2019 - 11:30) *
Sorry, I was referring to acknowledging online, which is the best way to do this. There will be a password on the front of the claim form and instructions.


This post has been edited by Dheeraj: Thu, 21 Mar 2019 - 11:38
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ManxRed
post Thu, 21 Mar 2019 - 11:40
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The form you've attached looks like the back of the claim form, and the paragraph at the top right hand corner offers exactly the same advice as I have just provided to you.

The paragraph at the top left states that there should be a form N1B for your defence, which they indicate was included with the Claim Form. However we recommend doing the acknowledgement online.

This post has been edited by ManxRed: Thu, 21 Mar 2019 - 11:41


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Dheeraj
post Thu, 21 Mar 2019 - 12:14
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ok, understood, thanks. Do you prefer to send a letter by post to Gladstone solicitors to request the paperwork which they intend to rely so or email is ok as well?


QUOTE (ManxRed @ Thu, 21 Mar 2019 - 11:40) *
The form you've attached looks like the back of the claim form, and the paragraph at the top right hand corner offers exactly the same advice as I have just provided to you.

The paragraph at the top left states that there should be a form N1B for your defence, which they indicate was included with the Claim Form. However we recommend doing the acknowledgement online.

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