?/Gladstones claimform - PCN

[Crgabard]

Hello,

 

I declined to respond to a parking charge notice as advice from others had been that the tickets are not enforceable.

 

The ticket was on the ground that I parked in an unmarked Bay due to my heavily pregnant friend needing access to the shop.

I had seen a man watching me park but was unsure why. When I came out of the shop no more than 2 minutes later the man was writing a ticket. My car was not obstructing anything - I didn't even realise it was an unmarked bat until the ticket was being written.

 

There is a warning sign up in the car park but being in a rush it wasn't something that I hung around to read.

 

So after ignoring the letters sent I have been served with a claim from Northampton county court.

 

I returned the form with my intent to defend and my defence as below

 

It is admitted that Defendant is the registered keeper of the vehicle in question.

 

However it is denied that the Claimant has authority to bring this claim on the following:

 

The claimants attendant was clearly unconcerned with proper parking and most concerned with issuing fines as the attendant watched the defendant park in a space that did not obstruct or cause inconvenience to any party before waiting until the defendant left to issue a ticket.

 

The passenger of the car was the defendants heavily pregnant colleague who was in desperate need of the nearby facilities hence the brevity of the parking.

 

The provision is a penalty and not a genuine pre-estimate of loss for the following reasons:

a) The claimant is not the landowner and suffers no loss whatsoever as a result of a vehicle parking at the location in question.

b) The amount claimed is a charge and evidently disproportionate to any loss suffered by the Claimant and is therefore unconscionable.

 

Save as expressly mentioned above, the Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.

 

I then received a letter from gladstones stating that they wish for the case to be dealt with on paper and forego an oral hearing.

 

Am I right in thinking I don't have to respond to this letter?

 

Instead I have sent a CPR 31.14 as below

 

Dear Sir or Madam,

 

Re: Euro Parking Services Limited v (my full name)

 

CPR 31.14 Request

 

On 27/02/17 I received the claim form in this case issued by you through Northampton County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following.

 

1. Agreement/Contract

 

2. Default Notice

 

3. Formal Demand

 

4. Proof of assignment from the landlord to create contracts and make claims in your own name.

 

 

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are disclosed at your earliest convenience within 7 days.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

 

I'm mainly concerned with what could happen next? Might I be liable for even more charges if I were to lose? Is it very likely that I might lose?

 

Any guidance would be greatly appreciated.

[BankFodder]

I'm afraid that the reason that they feel that they can succeed without hearing is probably because of the way that you have handled the case so far by first of all ignoring them and then responding to their defence with a template argument.

 

I'd be interested to know where you have been receiving advice from.

 

It's a shame you didn't come here first because apart from anything else, we would have advised you to exploit the fact that a parking attendant saw you enter and park and yet did nothing to stop you. I would advise you to plead in your defence that this effectively amounted to an implied permission to park where you did, presumably because the parking assistant had seen that you were with somebody who is heavily pregnant and had decided that the circumstances warranted an exception to their normal rules.

 

Although the arguments that you have put in your template defence could work, I think that they would have to be presented to the judge and argued personally. Even then, the claimants are prepared for this kind of thing nowadays and the outcome is not at all certain.

 

However, I'm not quite sure of the rules but I expect that if this has to be done on a hearing that there may be a greater fee which you would have to pay if you lost. Doing it on the papers, in my view, increases the chance of you losing but on the other hand the cost of the loss will be much cheaper.

 

You could amend your particulars of claim to include the argument which I have suggested above – and I can imagine that a judge would be pretty interested to hear it because they are not unsympathetic. However, the cost of filing an amendment is about £150 or so and if you lost the case then you would lose that as well.

[honeybee13]

Hello there.

 

I've moved your thread to the private parking forum and left you a link to follow from the Welcome one. The advisers should be along later with further advice for you.

 

HB

[ericsbrother]

write to the court to insist on a proper hearing where you will be taking witnesses (your wife). Gladstones have problems with proper hearings, lies arent believed and can be refuted so they are forced to say nothing instead where on paper you cant challenge them

[dx100uk]

can you fill this out please:

http://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***(5-Viewing)-nbsp