IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.

LBC received from Gladstones for UKCPM PPC

Options
BillyMorgan009
BillyMorgan009 Posts: 46 Forumite
in Parking tickets, fines & parking
Hello all


As instructed in the newbies thread here is my new thread for my case. After initial appeal, which of course lost, and numerous debt collector letters I now have a second letter from Gladstone's which is an LBC.


I have this template below from Gan on Pepipoo which I am prepared to send. I can provide any more detail you wonderful folks need in order to advise me. Worthy of note in the first instance that this was a postal PPC, no windscreen ticket, on a vehicle that I was hiring from Volkswagen for the weekend.


Thanks
Ben


Dear Sir

Ref : ****

I have received your Letter Before Claim dated 1st September 2016.

I deny any debt to Park Direct UK Ltd

The driver is not identified in your letter and your client has failed to meet the requirements of The Protection of Freedoms Act to pursue me as keeper.

You also cannot presume that I possess all the documents referred to in your letter.
Please send me copies of all the documents sent by the client including the windscreen notice if one was attached to the vehicle.

When these are supplied, please also confirm whether the intended action is founded on a contractual charge, a breach of a contract or trespass
Please confirm that your client's contract with the land-holder includes specific authority to take legal action and that this will be produced for the court.
I also require an explanation for the additional £50 charge including confirmation that it has already been invoiced and paid.

When I receive the documents and your explanations I will be in a position to make a more detailed response
It would be unreasonable to proceed with litigation before you have clarified your client's cause of action.

I look forward to your response

Yours Faithfully
«134567

Comments

  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Options
    That's fine, except you said in the title it is UKPCM and yet your first line talks about another company:
    I deny any debt to Park Direct UK Ltd

    You could also add, in some detail, that you were a hirer of the car and the parking operator failed to serve a Notice to Hirer with the requisite enclosures as set out in para 13/14 of Schedule 4 of the POFA, so there can be no hirer liability and these continued demands of a person they cannot lawfully hold liable, constitutes harassment.
    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
  • BillyMorgan009
    BillyMorgan009 Posts: 46 Forumite
    Options
    Thanks Coupon


    That was just a straight cut and paste from the other website I haven't changed the specifics yet and I will now include what you advise there.


    How likely following this LBC is it that UKCPM will proceed to court?


    Benny
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Options
    How likely following this LBC is it that UKCPM will proceed to court?
    I would say 'probably likely'. But we WIN.
    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
  • BillyMorgan009
    BillyMorgan009 Posts: 46 Forumite
    Options
    Coupon-mad wrote: »
    I would say 'probably likely'. But we WIN.



    Let's change 'probably likely' to 'certain' now. Just arrived back from a winderful trip to Moldova this week to a Claim Form.


    I await the usual excellent guidance...


    Ben
  • Quentin
    Quentin Posts: 40,405 Forumite
    Options
    Excellent guidance for dealing with court claim is in the newbies FAQ thread
  • BillyMorgan009
    BillyMorgan009 Posts: 46 Forumite
    Options
    Quentin wrote: »
    Excellent guidance for dealing with court claim is in the newbies FAQ thread


    Oops, sorry Quentin...on my way there now in that case.


    Ben
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Options
    Tell us when the AOS is done online on MCOL, as illustrated in the NEWBIES thread, then show us the draft defence once you have copied and adapted those you read that are similar enough.
    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
  • BillyMorgan009
    BillyMorgan009 Posts: 46 Forumite
    Options
    Just having a major panic that i've cocked up on dates...as follows...hope i'm wrong.


    Issue date on the Claim Form is 04/09/17...add 5 for service, easy. 09/09/17...add 14 to submit AOS by...23/09/17...however i did AOS on the MCOL on 16/09/17 so adding 14 to that brings me to today!!...i'm hoping that the 14 days is still added on from 23/09/17 which gives me until 07/10/17 and not added on at the date i actually did the AOS?
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Options
    You get a max 33 days from 04/09/17, so calm down!
    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
  • BillyMorgan009
    BillyMorgan009 Posts: 46 Forumite
    Options
    Feeling more calm already. Just reading through some of the defences to see what is relevant and will post a first draft on new thread ASAP.


    Insufficient signage and failure to follow POFA i believe are my two defences, however i cannot be certain that they failed to follow POFA...they clearly got my name from the hire company who have named me as 'the driver'
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards