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Alleged Failure to display parking ticket ESParking and Gladstones

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  • #1

    Alleged Failure to display parking ticket ESParking and Gladstones

    My son has received court claim forms in relation to the alleged failure to display a parking ticket in Blundell Street Car Park in Liverpool in September.
    He has the ticket in question which he displayed on the dashboard. However photos from ES Parking provided by Gladstone solicitors show the ticket face down.
    My son plans to defend this on the basis that the ticket was not fit for purpose as it blew over and there was no sticky back to secure it in place.
    Also the reverse of the ticket clearly shows the same code/serial number as on the front so ES Parking could have checked the serial numbers issued that day to confirm that the ticket was valid.
    Advice on template response for his defence would be appreciated.
    We will be returning the Acknowledgment of Service today. The Claim Form from Northampton County Court Business Centre arrived on 16/12/17 and issue date is 13/12/17. What is deadline for defence submission?
    Also in email to Will Hurley from Gladstones he requested his address be changed but this has not been done on the court papers. How can this be amended so he receives the paperwork direct to his current address.
    Tags: None
  • #2
    Re: Alleged Failure to display parking ticket ESParking and Gladstones

    another one for you [MENTION=5553]charitynjw[/MENTION] xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

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    • #3
      Re: Alleged Failure to display parking ticket ESParking and Gladstones

      Hi, welcome to LB.

      Put the address for service of docs on the AoS.

      'Fluttering ticket' defences seem to be meeting a rather mixed reception in courts atm from what I hear.
      Part of the 'judges' lottery, I guess.

      Claim issue date 13th Dec, so add 33 days (28+5 allowed for service of claim form) = Monday 15th Jan 2018 for filing the defence 'proper'.
      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

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      • #4
        Re: Alleged Failure to display parking ticket ESParking and Gladstones

        Thanks that’s very helpful.
        Do you have any advice or templates to format the defence document?
        any advice on whether you could add any wording to this defence?

        Comment

        • #5
          Re: Alleged Failure to display parking ticket ESParking and Gladstones

          Ok, plenty of time for your defence, so let's look at the holistic view.

          Firstly, has the driver (on the day) been ID'd? (Just answer yes or no,,,don't give details)
          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

          • #6
            Re: Alleged Failure to display parking ticket ESParking and Gladstones

            Yes my son has said he bought the tickets and used the car park regularly

            Comment

            • #7
              Re: Alleged Failure to display parking ticket ESParking and Gladstones

              That does not confirm who was driving, only that he bought a ticket.
              Do you know exactly how it was phrased; it could be important in terms of defending.
              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

              • #8
                Re: Alleged Failure to display parking ticket ESParking and Gladstones

                Originally posted by charitynjw View Post
                That does not confirm who was driving, only that he bought a ticket.
                Do you know exactly how it was phrased; it could be important in terms of defending.
                Yes the email said
                ‘I am writing to advise that on 6 September I did purchase parking ticket for 24 hour parking inBlundell Street Liverpool which expired on 7 September at 1008 jus . I have the original ticket should you wish to see this. I was parking here regularly and you can see I purchased a ticket the following day for 24 hrs. ‘

                He sent copies of both tickets but the response was that the fact that he bought the ticket was not being disputed but it was not correctly displayed as required in the Clients terms and conditions of parking.

                Therefore Gladstone’s were still demanding Ł160.

                We then asked for copy of terms and contain he sent a copy of the sign at the car park. I have copies of this would help.

                Thanks

                Comment

                • #9
                  Re: Alleged Failure to display parking ticket ESParking and Gladstones

                  Yes please.

                  Pics of site signage & also of the postal Notice to Keeper for completeness. (Front & rear, obscure personal details but leave times & dates visible).
                  Pics of the parked vehicle might also help.
                  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

                  • #10
                    Re: Alleged Failure to display parking ticket ESParking and Gladstones

                    We do not have the original notice to keeper as I think this has been misplaced. However I attach the emails between my son and Gladstone’s and photos of the vehicle in situ as well as terms and conditions.
                    I will endeavour to get photos of the terms in situ and forward these to you tomorrow

                    - - - Updated - - -

                    I will forward terms and conditions asap.
                    Attached Files

                    Comment

                    • #11
                      Re: Alleged Failure to display parking ticket ESParking and Gladstones

                      Attached is the letter before claim.
                      Attached Files

                      Comment

                      • #12
                        Re: Alleged Failure to display parking ticket ESParking and Gladstones

                        A few location pics which show sign locations from Google maps. Am going to get some actual photos too.
                        Attached Files

                        Comment

                        • #13
                          Re: Alleged Failure to display parking ticket ESParking and Gladstones

                          Terms and conditions sent be Gladstone’s now attached together with further email regarding claim.
                          Attached Files

                          Comment

                          • #14
                            Re: Alleged Failure to display parking ticket ESParking and Gladstones

                            But those pictures show a ticket being diplayed in the front windscreen. Where's the problem?

                            Comment

                            • #15
                              Re: Alleged Failure to display parking ticket ESParking and Gladstones

                              It's upside down xx ( lol - okay clearly displayed - should they impose terms that says the front of the ticket is clearly displayed ? )
                              #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

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