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Private parking trying to take me to court, Threads merged
pjpole1
post Wed, 14 Aug 2019 - 12:22
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Europarking have threatened to take me to court, I advised the court that this would need to be heard in a court and not 'online' as parking eye wanted.
Ive now had this off them, so i'm dubious if they will actually take it any further.
The signage in the parking area was poor and was as it was dark no lights were working, the pictures they took of my vehicle proved this.




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post Wed, 14 Aug 2019 - 12:22
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Sheffield Dave
post Wed, 14 Aug 2019 - 12:40
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This is a standard letter from the court for this point in the proceedings. It is just letting you and the claimant know that a court date has been fixed, so the £25 hearing fee is now due to be paid by the claimant. There is nothing in there that gives any particular reason to suppose that the claimant will discontinue.

At this point you will already have submitted your defence, which you cannot (easily) now amend. Unless your defence included all the good legal reasons why you are not liable for this debt, and rebuffed every claim point, you may have a very bad day in court.

You have given us very little detail, and you don't seem to have actually asked us any questions, so it's not clear what help (if any) you want from the forum.
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nosferatu1001
post Wed, 14 Aug 2019 - 14:00
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Indeed

Showing us your defence and an explanation of the events of the day would help.

Euro parking then parking eye? Huh?
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pjpole1
post Fri, 18 Oct 2019 - 12:47
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Euro parking/Gladstones are taking me to court. The evidence they have sent through is of somebody else's car and their address details etc. Shall I inform the court of this data breach?
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bearclaw
post Fri, 18 Oct 2019 - 12:52
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Do you have a county court claim form?

Tell us what happened from the beginning. Do not identify who was driving, refer to "the driver" and to the keeper of the vehicle(s). We need more information that a single line....
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Chijiki
post Fri, 18 Oct 2019 - 13:04
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Would this have anything to do with your previous post in August?

http://forums.pepipoo.com/index.php?showtopic=129644&hl=

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Jlc
post Fri, 18 Oct 2019 - 13:06
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As above, need more detail...

But generally data breaches are something for the ICO.


--------------------
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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pjpole1
post Fri, 18 Oct 2019 - 13:13
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i parked in a car park that was part of some private flats. Yes I Have a county court claim, I have sent my evidence off to the court which shows a very small sign, the lighting was not working, which is also evidenced on their pictures. Gladstones wrote to me a few weeks ago asking for my evidence - i ignored that but did send it to the court.

The letter I had today from Gladstones with the data breach on was:

Dear *******



We act for the claimant in the above matter.



Please find attached, by way of service, the Claimant's Witness Statement.



The assumption is that our Client is not attending the hearing and therefore we kindly request this notice be treated as a notice pursuant to CPR 27.9. However on some occasions our Client may wish to attend and will do so.



We confirm the statement has been filed at the Court


Yours sincerely
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bearclaw
post Fri, 18 Oct 2019 - 13:20
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OK so two threads makes it confusing...

Has your first claim been struck out because they failed to pay? Ring the court first and ask.

IF Gladstones has sent you details about a totally unrelated case then please please please take that information, file a complaint with the ICO and ram it home as hard as you can. There are people on here who would love to help you in doing so.
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pjpole1
post Fri, 18 Oct 2019 - 13:35
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SOrry about two threads, I couldnt find the other thread. Annoying. There is only one claim, the claim has not been struck out - i dont know if they paid or not, id say they probably have if Ive received this latest letter off them. Il call the court now.

Their evidence is are correct pictures, then on the next page is a different PCN number for someone else, with pictures of their car and their address and a history of the PCN off their computer software. I guess this person will have my details and its been mixed up.
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bearclaw
post Fri, 18 Oct 2019 - 14:09
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OK so first has the driver in your case been identified to them? If NOT then edit your posts above so you dont give away the driver id this could be important.

Second one is a data breach and someone will have your details. I'd be complaining immediatly to the ICO as well as making sure the court and Gladstones know as well as complaint to the Solicitors Regulation Authority etc....
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The Rookie
post Sat, 19 Oct 2019 - 10:25
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So to repeat questions asked and not, or partially, answered.
1/ Show us your defence
2/ So why was the car parked where it was, was the driver visiting, resident or just using a convenient parking spot?
3/ Has the driver ID been given away in any reply including the defence?


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Council PCN's
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Rookies 1-0 Birmingham

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pjpole1
post Sat, 19 Oct 2019 - 10:34
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1/ i was unaware the car park was private, the sign that says it is private on entrance was blocked by a 4x4 , ive spoken to the owner who says he always parks there and has been for the past 3 years.
There was one other sign, it was dark, and the light by the sign was out (this was evidenced in their own pictures)
2/ i had gone to the bank next door to deposit money.
3/ No.
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ostell
post Sat, 19 Oct 2019 - 10:39
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If you file anything with the court, apart from the initial defence, you are supposed to send a copy to your opponent
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pjpole1
post Sat, 19 Oct 2019 - 10:42
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^ Are you? I was unaware of this. Would you advise to do so asap or refrain?
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The Rookie
post Sat, 19 Oct 2019 - 12:07
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Was that the entirety of the defence? Ouch......


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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ostell
post Sat, 19 Oct 2019 - 12:39
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If you have sent a witness statement to the court then it should gave been sent to Gladstones. If you haven't then they can ask the court to ignore your statement.
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pjpole1
post Wed, 23 Oct 2019 - 08:30
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Il keep this vague:

the owner of the car may not or may of been driving: at what point should the court know this if at all? Is it relevant?
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The Rookie
post Wed, 23 Oct 2019 - 08:38
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Well the owner is a total irrelevance, no-one that matters knows who that is anyway.

Europarking are taking the registered keeper to court either as the keeper (and using POFA for keeper liability) or on the assumption they are the driver.

The Registered keeper doesn't have to divulge who the owner is (which would be irrelevant any for the reasons laid out above) or the driver is unless asked by the court to do so. If the Keeper is not the driver and Euro haven't met the requirements of PoFA then revealing the are not the driver is a big point in their favour, if Euro have met PoFA or the keeper is driving then there is no benefit (and downsides) in revealing the driver ID.

Doesn't sound like you're reading other threads, its very important to do so to get a better understanding of the situation (and you wouldn't have asked about the owner).

This post has been edited by The Rookie: Wed, 23 Oct 2019 - 08:39


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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pjpole1
post Wed, 23 Oct 2019 - 08:44
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They have ignored my letter about the random data being sent of somebody else.

il do some reading today to get a better understanding. Do we know from other forum users what the percentage of cases that go in the parking companies favour?
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