Been to court today!! Me Vs Parking company
#32
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Join Date: Aug 2019
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Finally finished my court case today where I was defending myself at the County court against a parking company, Been on going for nearly 7 months, and because of the low amount/charge the parking company wanted, I had to represent myself so not to occur any solicitor costs/fees on the bases I could lose, so im glad its over now and I can finally say I WON!!
Anyway the story is: I parked on a free car park(a bit of private land) in London around Christmas time, didn't think anything off it until a month later I got a Parking charge notice from a Parking company who manages the car park with the charge of £60 but I have 14 days to pay or it goes to £80.
So as usual(had them before) I throw them in the bin and after a few scare tactics they usually go away as Parking companies dont usually like to go to court(or so I thought), Council car park fines/charges are best to respond to, but these scamming parking sharks they can go get fu6ked.
Anyway got a few more letters from this parking company, saying that they wil pass my debt onto a debt collector if I did not pay the parking fine/charge that they have been trying to get from me(think it went up to around £125 as they where charging to send letters and there time)
So I get a letter from there solicitor(Gladstones solicitors) saying that they are acting on behalf of the parking company and I need to pay the debt or they will take me to court(Now the charge is £150) I have a 14 days to pay or they will take court proceedings against me!!(As usual this also ended up in the bin)
So a couple of months pass, and I get a letter from Northampton courts saying that the parking company are taking me to court, and I need to decide if I want to turn up at court or have my case against me heard by mediation(this is when you have your case and the claimant(parking company) on a 3-way phone conversation at a convenient time for both parties) If I dont want to go to court I must now pay £275(court fee £25, legal representative £75, amount claimed by parking co £175)
I get a e-mail from there solicitor(Gladstone solicitors) saying its in my best interests to have the case heard by mediation as it will be cheaper for me if I lose with her last comments with "dont you agree" I send a e-mail back saying "No I dont agree, and I want my day in court to provide my statement" I get NO e-mail back from the solicitor(shock)
So I read up on other cases like mine and prepare for my defense, takes me 2 days to get a decent defense sorted out and I go back to the scene of the so called crime and take pictures of the car park/land as evidence, and I highlight the following:
1, That the signs where not visible as I entered the car park and the terms & conditions where so small that you could not see it as I left my vehicle.
2,Its a free car park, and there was no genuine-pre estimate of loss for parking there, the landlord was not out of pocket, and as I was the only car there I was not blocking/preventing anyone else from using the car park
3,The parking charge of £60, there was no contract between myself the registered keeper and the parking company, so how can I agree to the terms and conditions of paying £60
4,How can the parking company decide to charge £60 if I was parked there for 10mins or 24 hours, the same charge apply so there was no consideration given on calculation a genuine pre-loss
5,The claimant is not the landowner of the car park, and damages should then be the land owners decision to sue for damages for tresspass
I added a few paragraphs of "Breach of Unfairness in consumer contract regulations" and "Office of fair trading, Guidance re Unfair contract terms and conditions"
So armed with my defense statement and evidence(pictures), I went to court today, and on arrival I had the full body check and walked through the metal detector thing, gave my name and waited in the waiting room(watching the nice looking women solicitors walk in/out), I was told that there was no one representing the parking company today in court and that there witness statement is all the evidence they will be going by.
So I get called in by the judge into there chamber, and she said that she read my defense statement and it was rather good, asked me a few questions on why I parked there etc, and she looked over my evidence(car park pictures) and she agreed that the signs are not clear and that she strikes the claimants claim from court, when I left she said that it was the 3rd case today from the parking company and she strike all 3 out(that what I call a home run)
So anyone who gets a parking ticket from a private parking company, dont reply to them, and let them take you to court(usually they dont), just do your homework if it does comes to that, and make sure you spend a bit of time on your defense statement, and dont get bullied by the parking company or there solicitor into paying the amount they want!!
But if you get a ticket from a council car park/parking attendant then be more vigilante if they have a case against you they will take it to court and you have got more chance of losing, Private parking companies are sharks and with a bit of work they can be beaten!!
Anyway the story is: I parked on a free car park(a bit of private land) in London around Christmas time, didn't think anything off it until a month later I got a Parking charge notice from a Parking company who manages the car park with the charge of £60 but I have 14 days to pay or it goes to £80.
So as usual(had them before) I throw them in the bin and after a few scare tactics they usually go away as Parking companies dont usually like to go to court(or so I thought), Council car park fines/charges are best to respond to, but these scamming parking sharks they can go get fu6ked.
Anyway got a few more letters from this parking company, saying that they wil pass my debt onto a debt collector if I did not pay the parking fine/charge that they have been trying to get from me(think it went up to around £125 as they where charging to send letters and there time)
So I get a letter from there solicitor(Gladstones solicitors) saying that they are acting on behalf of the parking company and I need to pay the debt or they will take me to court(Now the charge is £150) I have a 14 days to pay or they will take court proceedings against me!!(As usual this also ended up in the bin)
So a couple of months pass, and I get a letter from Northampton courts saying that the parking company are taking me to court, and I need to decide if I want to turn up at court or have my case against me heard by mediation(this is when you have your case and the claimant(parking company) on a 3-way phone conversation at a convenient time for both parties) If I dont want to go to court I must now pay £275(court fee £25, legal representative £75, amount claimed by parking co £175)
I get a e-mail from there solicitor(Gladstone solicitors) saying its in my best interests to have the case heard by mediation as it will be cheaper for me if I lose with her last comments with "dont you agree" I send a e-mail back saying "No I dont agree, and I want my day in court to provide my statement" I get NO e-mail back from the solicitor(shock)
So I read up on other cases like mine and prepare for my defense, takes me 2 days to get a decent defense sorted out and I go back to the scene of the so called crime and take pictures of the car park/land as evidence, and I highlight the following:
1, That the signs where not visible as I entered the car park and the terms & conditions where so small that you could not see it as I left my vehicle.
2,Its a free car park, and there was no genuine-pre estimate of loss for parking there, the landlord was not out of pocket, and as I was the only car there I was not blocking/preventing anyone else from using the car park
3,The parking charge of £60, there was no contract between myself the registered keeper and the parking company, so how can I agree to the terms and conditions of paying £60
4,How can the parking company decide to charge £60 if I was parked there for 10mins or 24 hours, the same charge apply so there was no consideration given on calculation a genuine pre-loss
5,The claimant is not the landowner of the car park, and damages should then be the land owners decision to sue for damages for tresspass
I added a few paragraphs of "Breach of Unfairness in consumer contract regulations" and "Office of fair trading, Guidance re Unfair contract terms and conditions"
So armed with my defense statement and evidence(pictures), I went to court today, and on arrival I had the full body check and walked through the metal detector thing, gave my name and waited in the waiting room(watching the nice looking women solicitors walk in/out), I was told that there was no one representing the parking company today in court and that there witness statement is all the evidence they will be going by.
So I get called in by the judge into there chamber, and she said that she read my defense statement and it was rather good, asked me a few questions on why I parked there etc, and she looked over my evidence(car park pictures) and she agreed that the signs are not clear and that she strikes the claimants claim from court, when I left she said that it was the 3rd case today from the parking company and she strike all 3 out(that what I call a home run)
So anyone who gets a parking ticket from a private parking company, dont reply to them, and let them take you to court(usually they dont), just do your homework if it does comes to that, and make sure you spend a bit of time on your defense statement, and dont get bullied by the parking company or there solicitor into paying the amount they want!!
But if you get a ticket from a council car park/parking attendant then be more vigilante if they have a case against you they will take it to court and you have got more chance of losing, Private parking companies are sharks and with a bit of work they can be beaten!!
Hello
I had a parking ticket in Ocftober 2019 at Wembley stadium .
I parked in office car park where i paid a guy on street who was directing any cars in that area who was looking for parking for £10 , i paid the £10 and 2-3 weeks later i get letter from parking company at £60 charge .
No PCN was placed on my car so i ingored and after a few more letters i did same , no Saturday last week i get letter from Gladstones stating i have to paid £160 or go to court .
Never had this before so any advise please on this matter .
Thanks
Phil
#33
Scooby Regular
Hello
I had a parking ticket in Ocftober 2019 at Wembley stadium .
I parked in office car park where i paid a guy on street who was directing any cars in that area who was looking for parking for £10 , i paid the £10 and 2-3 weeks later i get letter from parking company at £60 charge .
No PCN was placed on my car so i ingored and after a few more letters i did same , no Saturday last week i get letter from Gladstones stating i have to paid £160 or go to court .
Never had this before so any advise please on this matter .
Thanks
Phil
I had a parking ticket in Ocftober 2019 at Wembley stadium .
I parked in office car park where i paid a guy on street who was directing any cars in that area who was looking for parking for £10 , i paid the £10 and 2-3 weeks later i get letter from parking company at £60 charge .
No PCN was placed on my car so i ingored and after a few more letters i did same , no Saturday last week i get letter from Gladstones stating i have to paid £160 or go to court .
Never had this before so any advise please on this matter .
Thanks
Phil
#36
Scooby Regular
iTrader: (6)
Hello
I had a parking ticket in Ocftober 2019 at Wembley stadium .
I parked in office car park where i paid a guy on street who was directing any cars in that area who was looking for parking for £10 , i paid the £10 and 2-3 weeks later i get letter from parking company at £60 charge .
No PCN was placed on my car so i ingored and after a few more letters i did same , no Saturday last week i get letter from Gladstones stating i have to paid £160 or go to court .
Never had this before so any advise please on this matter .
Thanks
Phil
I had a parking ticket in Ocftober 2019 at Wembley stadium .
I parked in office car park where i paid a guy on street who was directing any cars in that area who was looking for parking for £10 , i paid the £10 and 2-3 weeks later i get letter from parking company at £60 charge .
No PCN was placed on my car so i ingored and after a few more letters i did same , no Saturday last week i get letter from Gladstones stating i have to paid £160 or go to court .
Never had this before so any advise please on this matter .
Thanks
Phil
Use the time machine again and go park somewhere else.
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#37
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Join Date: Nov 2004
Location: Deepest Darkest Kernow
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I actually got done by these *******s. My car has been borrowed by either my wife, her son or my friend and they parked in a DIY store for 3 hours (time limit was 2 hours). The parking company used ANPR and sent* me the parking invoice (fine) for £60. I never received it, nor the second letter as some of my post was going missing and being delivered to a new development with a similar name to my road. I found this out as I was receiving other people’s letters from the new development. I approached the post office who investigated and sent me a letter to state as such.
Fast forward 3 months and I get a court summons similar to the OP’s. Mediation and then court - I’ll have my day too! I Proved that I wasn’t the driver and named 3 people who could have driven but as it was several months before no one could remember, or admits to it. Apparently once the letter from Parking Muppets has been posted it’s deemed to have been served. The judge was a tosser who barely listened to my defence - so my day in court cost me around £200.
*be warned that not responding due to not receiving the letter is no defence.
Fast forward 3 months and I get a court summons similar to the OP’s. Mediation and then court - I’ll have my day too! I Proved that I wasn’t the driver and named 3 people who could have driven but as it was several months before no one could remember, or admits to it. Apparently once the letter from Parking Muppets has been posted it’s deemed to have been served. The judge was a tosser who barely listened to my defence - so my day in court cost me around £200.
*be warned that not responding due to not receiving the letter is no defence.
#38
Scooby Regular
iTrader: (6)
I actually got done by these *******s. My car has been borrowed by either my wife, her son or my friend and they parked in a DIY store for 3 hours (time limit was 2 hours). The parking company used ANPR and sent* me the parking invoice (fine) for £60. I never received it, nor the second letter as some of my post was going missing and being delivered to a new development with a similar name to my road. I found this out as I was receiving other people’s letters from the new development. I approached the post office who investigated and sent me a letter to state as such.
Fast forward 3 months and I get a court summons similar to the OP’s. Mediation and then court - I’ll have my day too! I Proved that I wasn’t the driver and named 3 people who could have driven but as it was several months before no one could remember, or admits to it. Apparently once the letter from Parking Muppets has been posted it’s deemed to have been served. The judge was a tosser who barely listened to my defence - so my day in court cost me around £200.
*be warned that not responding due to not receiving the letter is no defence.
Fast forward 3 months and I get a court summons similar to the OP’s. Mediation and then court - I’ll have my day too! I Proved that I wasn’t the driver and named 3 people who could have driven but as it was several months before no one could remember, or admits to it. Apparently once the letter from Parking Muppets has been posted it’s deemed to have been served. The judge was a tosser who barely listened to my defence - so my day in court cost me around £200.
*be warned that not responding due to not receiving the letter is no defence.
#41
Scooby Newbie
Gladstone’s threat letter.
Hi. Thank you for your post. This is the first time I have ever written in a forum so am not really sure how the whole thing works.
Thought you could help me as our situations seem quite similar.
I Have just received a Gladstone solicitors court threat letter. I had originally parked in a Wick’s car park and was unaware of a time limit as I didn’t see the sign. I’d overstayed and got a fine through the post. I was advised to ignore and then received a few others , some at a reduced fine cost, and some from another company, Zenith. I’ve kept them all but have essentially ignored them. I’ve now received this gladstone one and am worried about court action.
I've read on other forums that it isn’t even a genuine letter from them as their real reference supposedly starts with a 1 and mine starts with a 6. And that DRP are just using Gladstone’s letter heading but who knows.
Is there anyway you could advise me as I have no idea why I am doing.
ps. I’ve also got a baby girl so will find it hard going to court.
Thank you for any help.
Thought you could help me as our situations seem quite similar.
I Have just received a Gladstone solicitors court threat letter. I had originally parked in a Wick’s car park and was unaware of a time limit as I didn’t see the sign. I’d overstayed and got a fine through the post. I was advised to ignore and then received a few others , some at a reduced fine cost, and some from another company, Zenith. I’ve kept them all but have essentially ignored them. I’ve now received this gladstone one and am worried about court action.
I've read on other forums that it isn’t even a genuine letter from them as their real reference supposedly starts with a 1 and mine starts with a 6. And that DRP are just using Gladstone’s letter heading but who knows.
Is there anyway you could advise me as I have no idea why I am doing.
ps. I’ve also got a baby girl so will find it hard going to court.
Thank you for any help.
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#43
That letter is still only a 'threat' to take you to court - they haven't started proceedings. I would be inclined to carry on ignoring them.
But, as Pacenote has said, better advice on to be had on :: http://www.pepipoo.com/ :: they are experts
But, as Pacenote has said, better advice on to be had on :: http://www.pepipoo.com/ :: they are experts
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#44
Scooby Senior
[QUOTE=Gulistan86]unaware of a time limit as I didn’t see the sign.
[/QUOTE]
Firstly welcome to the forum
The question here is did you not see the sign because you didn't look or because the sign was not clearly displayed. If the sign was not well displayed, then you may have a case, if it was well displayed and you still didn't see it, then you may not have a very strong case.
The other question you need to ask yourself, particularly in light of your baby, is if all the hassle to arguing against it is worth the time and effort compared to the cost of just paying the fine, particularly as if it goes to court and you lose, then you will probably be liable for their legal costs too!
[/QUOTE]
Firstly welcome to the forum
The question here is did you not see the sign because you didn't look or because the sign was not clearly displayed. If the sign was not well displayed, then you may have a case, if it was well displayed and you still didn't see it, then you may not have a very strong case.
The other question you need to ask yourself, particularly in light of your baby, is if all the hassle to arguing against it is worth the time and effort compared to the cost of just paying the fine, particularly as if it goes to court and you lose, then you will probably be liable for their legal costs too!
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