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Gladstones

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HI

Can I have some advice please

on receipt of a pcn from smart parking i wrote explaining the reasons as to why I had gone over my time (by 13 mins) and explaining that i felt it an unreasonabe charge for 13 mins. I was supporting a disabled lady at the time ( but had not used her blue badge). However I have just continued receiving letters asking for payment. Now I have a letter from gladstones. As I have admitted going over my time I would like to fight on, on the basis that it's unreasonable fee. What advice has anyone got.

Thank you

Comments

  • Redx
    Redx Posts: 38,084 Forumite
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    edited 19 June 2017 at 9:35PM
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    the BPA CoP allows for possibly up to 10 minutes before a parking event and OVER 11 minutes to leave AFTER a parking event

    this is called GRACE PERIODS (plural) and is clause #13 of the BPA CoP

    smart should have issued a popla code with the rejection letter so you could appeal to popla

    it looks like none of this was done

    now back to your letter, which you say is from "GLADSTONES"

    I doubt that its from GLADSTONES at all

    I believe its a DRP letter on a gladstones headed notepaper, so check it again , carefully. compare it to the DRP gladstones letters on the BMPA zendesk website

    if it is from DRP, you can ignore it

    it may help us if you tell us if smart issued a popla code with their rejection letter, or did you hear nothing after appealing ?

    did you appeal within 28 days of receiving this original pcn from smart ?

    can you get a witness statement frtom the disabled lady supporting your claim ?

    copies of her BB and also see if her condition meets the EA2010 , as this is the means by which you can use a disabled bay to help somebody, if that is what happened
  • Umkomaas
    Umkomaas Posts: 41,426 Forumite
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    i wrote explaining the reasons as to why I had gone over my time (by 13 mins)
    Boom - 5 toes blown off.
    I would like to fight on, on the basis that it's unreasonable fee.
    Don't go blowing any more toes off. You're out of your depth until you get up to speed with this. Others will join in to advise, but you need to read the NEWBIES FAQ sticky as soon as possible.

    What sort of letter has Gladstones sent you? Just the gist of it will do. How is it headed?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 132,244 Forumite
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    It's only Smart. Nothing to worry about. Even if they try a small claim, a defence sees them off without a hearing.

    Next time, don't go blabbing about who was driving - you wrecked your best appeal or defence point.

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Gnich12
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    Hi thanks for your reply.

    I wrote within 28 days of receipt of the pcn xplaining the situation and they weren't interested. Their response simply said the pcn was correctly issued and supplied a popla code but I didn't use it. I didn't understand it all and saw online that smart parking were dodgy so I left it. I have had several drp letters and emailed each time referring the to my original letter.

    The gladstones letter isn't exactly like any on bmpa site but the letter says contact and payment should be made to drp. The initial paragraph says it wants to inform me of their cle it's options to recover their charges.

    I need to clarify that my wife was driving on the day in question. My wife is employed as carer to a disabled lady. On the day in question she was meeting her employer (the disabled lady was not travelling with her). She was unavoidably delayed. Yes I can get a letter from her. I never realised that it mattered who was driving I just assumed responsibility as I own the car!!!!appreciate your time
  • Coupon-mad
    Coupon-mad Posts: 132,244 Forumite
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    I need to clarify that my wife was driving on the day in question.

    That is the LAST thing to do. Do not name your wife, but in any defence you can truthfully state you (the keeper) were not the driver, so Smart can't hold you liable. And you are under no obligation to name the driver, so Smart can't get either of you.

    You appealed making it sound as though you were driving? even though you weren't even in the car?
    i wrote explaining the reasons as to why I had gone over my time

    As the G's letter is asking for payment to DRPlus, ignore that one.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Gnich12
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    Thanks my question is is it too late to tell them I wasn't driving? I assumed that I was responsible as the car is in my name
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    Gnich12 wrote: »
    Hi thanks for your reply.

    I wrote within 28 days of receipt of the pcn xplaining the situation and they weren't interested. Their response simply said the pcn was correctly issued and supplied a popla code but I didn't use it. I didn't understand it all and saw online that smart parking were dodgy so I left it. I have had several drp letters and emailed each time referring the to my original letter.

    The gladstones letter isn't exactly like any on bmpa site but the letter says contact and payment should be made to drp. The initial paragraph says it wants to inform me of their cle it's options to recover their charges.

    I need to clarify that my wife was driving on the day in question. My wife is employed as carer to a disabled lady. On the day in question she was meeting her employer (the disabled lady was not travelling with her). She was unavoidably delayed. Yes I can get a letter from her. I never realised that it mattered who was driving I just assumed responsibility as I own the car!!!!appreciate your time

    THIS IS A GLADSTONES "RENT A LETTERHEAD" SCAM and as it is complete rubbish YOU IGNORE IT.

    DRP are a timewasting firm who latch on to scams

    Gladstones are completely incompetent solicitors proven time and time again.

    Just wait, if you get a real court claim come back here and you will get all the help you need

    PS: If you are in mind to set up your own scam (very doubtful), then contact Gladstones, they are the masters of getting whooped in court
  • Coupon-mad
    Coupon-mad Posts: 132,244 Forumite
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    Gnich12 wrote: »
    Thanks my question is is it too late to tell them I wasn't driving?

    No, that's what I said:
    Do not name your wife, but in any defence you can truthfully state you (the keeper) were not the driver, so Smart can't hold you liable. And you are under no obligation to name the driver, so Smart can't get either of you.

    You use that in defence, or in response to a Letter before Claim.

    Smart do not use the POFA so they can't hold you liable - this is easy to see off, would have been a cinch at first appeal if you'd come here earlier. You are NOT liable.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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