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#Post#: 69983--------------------------------------------------
Euro Car Parks PCN - No Kiosk Verification - Shops in Iver
DIR By: Harken
Date: May 4, 2025, 2:51 pm
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Someone was driving my car and parked outside of some shops in
Iver for about an hour last year on the 27th of March. I took
the case to the IAS with the argument of: "Paragraph 16.1 of the
IPC's code of practice says 'Where a parking charge is issued
Notices must comply with the applicable requirements set out in
Schedule 3'. Schedule 3 echoes the POFA requirement for a period
of parking to be specified in the NTK and refers to an example
NTK in appendix 5 where the following form of words is
prescribed.
'Period of parking:
From: (Date and Time of entry)
To: (Date and Time of Exit)"
HTML https://i.imgur.com/J7zd3AE.jpeg
HTML https://i.imgur.com/Y69ie9Y.jpeg
The appeal was rejected and I thought that was the last I had
heard from them, I am no longer the owner of the vehicle and I
have since moved from the house where they knew where I last
was.
The resident there has only just now informed me of some parking
charge letters from Gladstone have been through in the mail and
are saying they're taking me to court in 25 days. I've had no
additional correspondence post issue, no attempts to contact me
via email etc.
What's the next step for me here, thanks in advance.
#Post#: 70019--------------------------------------------------
Re: Euro Car Parks PCN - No Kiosk Verification - Shops in Iver
DIR By: Dave65
Date: May 5, 2025, 4:19 am
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What was the contents of the latest letters?
Can you post up a copy with personal details redacted.
#Post#: 70048--------------------------------------------------
Re: Euro Car Parks PCN - No Kiosk Verification - Shops in Iver
DIR By: b789
Date: May 5, 2025, 7:12 am
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If you moved since the PCN was issued, you should send a Data
Rectification Notice (DRN) to Euro Parking Services (Not ECP as
wrongly stated in the thread title) and instruct them to update
your address for service to your current address and to erase
your old address. The highlighted words are there for a reason
so use them.
It sounds as though they have referred the case to Gladstones
Solicitors who have probably issued a Letter of Claim (LoC). You
really need to get hold of the letters that have been sent to
the old address. If a claim has been issued and it is not
responded to in time, you are likely to get a CCJ by default.
Your original appeal and waste of time IAS appeal were never
going to succeed as there definitely is a "period of parking"
stated on the Notice to Keeper (NtK). In fact, that NtK is about
as PoFA compliant as you can get.
HTML https://i.imgur.com/08ebcXv.jpeg
#Post#: 70217--------------------------------------------------
Re: Euro Car Parks PCN - No Kiosk Verification - Shops in Iver
DIR By: Harken
Date: May 6, 2025, 8:01 am
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I have followed your advice RE getting my information with them
updated via the DPO. I am going to go to my old house today to
pick up the letters and I will post them here for some advice.
I clearly made a mistake with my initial objections to the PCN
and I feel like a bit of an idiot for doing so.
Do you have any advice on how I best proceed here? Is there hope
for this charge to be struck off? Money is very tight for me at
the moment and I literally cannot afford to eat this charge.
#Post#: 70241--------------------------------------------------
Re: Euro Car Parks PCN - No Kiosk Verification - Shops in Iver
DIR By: b789
Date: May 6, 2025, 10:01 am
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There is a fairly good chance that the claim would be struck out
because Gladstones are pretty incompetent when submitting claims
as they always fail to comply with CPR 16.4(1)(a), which if you
can persuade a judge that such a failure justifies the claim
being struck out, will work. You will be relying on the
persuasive appeals judgments in CEL v Chan (2023) and CPMS v
Akande (2023).
However, it is judge bingo whether you get one who is actually
"persuaded" by the appeal judgments as they are not "binding".
However, even f it were to go "all the way" and you were not
successful, you would likely pay less than the claim amount as
they have added a fake £60 or £70 which most judges do not
allows in a small claims case.
Also, before it ever went as far as a hearing, you'd have an
opportunity in a mediation phone call to try and haggle the
amount down from what they are claiming. It would come down to
how strong an argument you could put in a Witness Statement (WS)
if it did progress all the way without being struck-out or
discontinued.
I'd put the odds at greater than 50% but not as high as over 99%
I would give in many cases. Decisions!
#Post#: 70321--------------------------------------------------
Re: Euro Car Parks PCN - No Kiosk Verification - Shops in Iver
DIR By: Harken
Date: May 6, 2025, 4:00 pm
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The plot thickens...
I was under the impression this was relating to a prior issue I
had a while ago. It wasn't, I am being chased by Gladstone over
a parking charge that occurred after I voluntarily terminated my
ownership of the vehicle.
The date of charge is the 25/07/2024, I gave that vehicle back
around the end of March 2024. Crisis averted.
#Post#: 70327--------------------------------------------------
Re: Euro Car Parks PCN - No Kiosk Verification - Shops in Iver
DIR By: DWMB2
Date: May 6, 2025, 5:19 pm
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--- Quote from: Harken link ---
>
> The date of charge is the 25/07/2024, I gave that vehicle back
around the end of March 2024. Crisis averted.
>
--- End Quote ---
Providing you can demonstrate that you were not the keeper of
the vehicle at the time... The fact that Gladstones are chasing
you for a vehicle you claim you were not the keeper or hirer of
at the time suggests something has gone wrong somewhere there.
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