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Alleged Failure to display parking ticket ESParking and Gladstones

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  • #16
    Re: Alleged Failure to display parking ticket ESParking and Gladstones

    But my point is that the ticket is flimsy and has no sticky in the back.
    it is therefore difficult to secure it in place and it can blow over easily.
    Also the ticket in the windscreen displays the code on the back which matches that on the front and they could have checked their records for that day to see he had paid.

    Comment


    • #17
      Re: Alleged Failure to display parking ticket ESParking and Gladstones

      Completely agree with you. Mine are always falling on the floor or flipping over when I shut the door after putting it on the dashboard, I usually notice and have been lucky so far. ( doesn't help with your issue I know, just saying I agree it's ridiculous you have a fine for this, but I'm not really up on the legalities of these tickets/appeals etc )
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #18
        Re: Alleged Failure to display parking ticket ESParking and Gladstones

        There is no condition in the sign about displaying face up only about "displayed clearly in your front windscreen". It's pedantic, so what. Interpretation the most beneficial to the consumer is what matters. There is a serial number on the back so they know it's one of their tickets.

        Comment


        • #19
          Re: Alleged Failure to display parking ticket ESParking and Gladstones

          Charitynjw - have I provided all of the information you required.
          Thanks.

          Comment


          • #20
            Re: Alleged Failure to display parking ticket ESParking and Gladstones

            & I entirely agree with [MENTION=6]Amethyst[/MENTION] & [MENTION=39331]ostell[/MENTION].

            There is nothing on the signage T&Cs which state that the ticket must be displayed 'front side up'.
            Only that it must be 'clearly displayed'.
            Which you did.
            As such, imho you have complied with the conditions stated, so no breach.
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #21
              Re: Alleged Failure to display parking ticket ESParking and Gladstones

              Thanks that’s great. Could you help me with the wording for a defence.

              Comment


              • #22
                Re: Alleged Failure to display parking ticket ESParking and Gladstones

                Ok

                For completeness, could you post up the postal Notice to Keeper? (Front & rear, obscure personal info but leave all times/dates visible).
                Also a pic of a windscreen PCN if applicable.
                Your defence will be better if it covers all possible bases.
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #23
                  Re: Alleged Failure to display parking ticket ESParking and Gladstones

                  Unfortunately I don’t have the notice to keeper and there was no PCN just a letter in post.

                  Comment


                  • #24
                    Re: Alleged Failure to display parking ticket ESParking and Gladstones

                    Duh! (re me).....you have already stated you don't have an NtK.

                    Ok, it is important to address all the claims made by the Claimant & to rebut as necessary.
                    Could you post up a pic of the Particulars of Claim (suitably redacted) or type verbatim?
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #25
                      Re: Alleged Failure to display parking ticket ESParking and Gladstones

                      Attached is the particulars of claim for my son’s
                      county court claim.
                      Apologies for the delay in posting.
                      Attached Files

                      Comment


                      • #26
                        Re: Alleged Failure to display parking ticket ESParking and Gladstones

                        How do you anticipate filing the defence? MCOL? Email? Land Mail?

                        I would make them work for having the audacity to issue a court claim.
                        I'd write to the solicitors, requesting disclosure of evidence, asking for any/all communications which have been sent to you by ES &/or their agents & solicitors, a copy of their agreement between the landowner or authorised agent(s) & ES, a copy of the KADOE agreement between ES & DVLA, & a detailed breakdown of the alleged charges.
                        Demand that the info is sent to you in a timely manner so that you can assess the legal position prior to submitting a defence before the due deadline.
                        Give them the alternative of discontinuing their claim which is unreasonable & entirely without merit, as there has been absolutely no breach of contract.

                        Get proof of posting.....a free certificate of posting is probably best, as Gladstones could refuse to sign for tracked post.

                        My guess is that you will not receive a response, let alone any disclosure.

                        If so you can add this to your defence.
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • #27
                          Re: Alleged Failure to display parking ticket ESParking and Gladstones

                          I should be really grateful for advice

                          Comment


                          • #28
                            Re: Alleged Failure to display parking ticket ESParking and Gladstones

                            I think this case is ridiculous, especially as the first letter from Gladstones talks about non-payment.

                            This has happenex to me a couple of times and on each occasion the penalty was waived immediately.

                            I would stand your ground and go to court.

                            My own view is that 95% of judges would tell them to do one straight away. The other 5% may tell them something even stronger.

                            Its about whether you have paid or not. Pure and simple.

                            Good luck!

                            Comment


                            • #29
                              Re: Alleged Failure to display parking ticket ESParking and Gladstones

                              Thanks am going to do this.
                              Plan to send defence letter as an attachment on MCOL.
                              Is that a good idea?? Do you have any suitable defence templates to share with me??

                              Comment


                              • #30
                                Re: Alleged Failure to display parking ticket ESParking and Gladstones

                                Thanks am going to do this.
                                Plan to send defence letter as an attachment on MCOL.
                                Is that a good idea?? Do you have any suitable defence templates to share with me??

                                Comment

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