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  • FIRST POST
    • Saniyas
    • By Saniyas 16th Oct 16, 12:44 PM
    • 4Posts
    • 1Thanks
    Saniyas
    • #1
    • 16th Oct 16, 12:44 PM
    16th Oct 16 at 12:44 PM
    Thanks for your feedback.
    Last edited by Saniyas; 16-10-2016 at 3:48 PM. Reason: Closed
Page 1
    • beamerguy
    • By beamerguy 16th Oct 16, 12:50 PM
    • 4,117 Posts
    • 4,725 Thanks
    beamerguy
    • #2
    • 16th Oct 16, 12:50 PM
    • #2
    • 16th Oct 16, 12:50 PM
    Hi all,

    I overstayed a free 10 minutes parking at a Lidl Store in Luton and received a parking charge a few months ago. I ignored this along with many other letters and got a Gladstones letter through the post on the 13th October saying I need to pay £160 within 14 days of the dated letter which had the 4th October?

    The information on the letter is very similar to what people have written here.

    My question is there anyone who has had a similar letter and ignored it completely and the Solicitor company has given up? I have a good template ready to send to them by Parking Pranskter but thinking to hold it off?

    All replies will be much appreciated
    Originally posted by Y8SSR
    Who are Gladstones acting on behalf of ?? Athena

    In the meantime, read this Prankster Blog about the clever boys at Gladstones ?

    http://parking-prankster.blogspot.co.uk/2016/10/horizon-parking-youve-been-gladstoned.html
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Ralph-y
    • By Ralph-y 16th Oct 16, 12:58 PM
    • 2,241 Posts
    • 2,724 Thanks
    Ralph-y
    • #3
    • 16th Oct 16, 12:58 PM
    • #3
    • 16th Oct 16, 12:58 PM
    have you complained to Lidl yet ?

    http://forums.moneysavingexpert.com/showthread.php?t=5541417

    have you read the newbie thread ?

    http://forums.moneysavingexpert.com/showthread.php?t=4816822

    good luck
    Ralph
    • The Deep
    • By The Deep 16th Oct 16, 1:09 PM
    • 5,561 Posts
    • 4,270 Thanks
    The Deep
    • #4
    • 16th Oct 16, 1:09 PM
    • #4
    • 16th Oct 16, 1:09 PM
    The extra £60 is ultra vires, they know that and are being investigated for overcharging, (fraud?) by the SRA along with several other possible breaches of the Code of Practice.


    Complain to Duncan Allen here:


    http://www.sra.org.uk/consumers/problems/report-solicitor.page


    The more complaints they receive the more likely that they will be sanctioned.
    • Castle
    • By Castle 16th Oct 16, 1:38 PM
    • 1,062 Posts
    • 1,316 Thanks
    Castle
    • #5
    • 16th Oct 16, 1:38 PM
    • #5
    • 16th Oct 16, 1:38 PM
    How long was the overstay?
    • hoohoo
    • By hoohoo 16th Oct 16, 2:21 PM
    • 1,581 Posts
    • 2,845 Thanks
    hoohoo
    • #6
    • 16th Oct 16, 2:21 PM
    • #6
    • 16th Oct 16, 2:21 PM
    Gladstones always go all the way to a hearing. it's their business model - gouge the parking company for as much as they can.

    So don't rely on otherwise :-)
    Dedicated to driving up standards in parking
    • Marktheshark
    • By Marktheshark 16th Oct 16, 2:27 PM
    • 5,317 Posts
    • 6,669 Thanks
    Marktheshark
    • #7
    • 16th Oct 16, 2:27 PM
    • #7
    • 16th Oct 16, 2:27 PM
    Complain to Lidl and tell them you had a disabled person with you who required more time than normal to shop and therefore you are demanding a reasonable adjustment and they should instruct their agents to cancel the court case.

    Failure to do so will result in substantial counter claim against Lidl as principle under EA 2010.
    Brexit will become whatever they invent it to be.
    • hoohoo
    • By hoohoo 16th Oct 16, 2:54 PM
    • 1,581 Posts
    • 2,845 Thanks
    hoohoo
    • #8
    • 16th Oct 16, 2:54 PM
    • #8
    • 16th Oct 16, 2:54 PM
    Gladstones are acting on behalf of Smart Parking. I overstayed by about 20 minutes but to be honest I didn't go in to Lidl just used their car park. The notice says 10 minutes free parking during business hours otherwise receipt to be shown at the till.

    I'm thinking I can say I did not find what I was looking for so had no receipt. To this day I have never replied to Smart Parking Thus the letter from Gladstones.
    Originally posted by Y8SSR
    Never lie. Gladstones read this thread, and will use this against you during the hearing
    Dedicated to driving up standards in parking
    • Coupon-mad
    • By Coupon-mad 16th Oct 16, 10:37 PM
    • 40,408 Posts
    • 52,294 Thanks
    Coupon-mad
    • #9
    • 16th Oct 16, 10:37 PM
    • #9
    • 16th Oct 16, 10:37 PM
    Letters from Gladstones asking for £160 re a Smart Parking PCN seem to be debt collector letters actually sent by DRPlus, a bit like the 'new' Graham White threatogram discussed here, which can be ignored:

    http://forums.moneysavingexpert.com/showthread.php?t=5541262

    Y8SSR you appear to have shied away but no-one is telling you to PAY this! Smart Parking do not have a history of suing anyone and if they did, it can be defended with our help. Does the Gladstones letter state that payment is to be made to Debt Recovery Plus? If so, ignore it, as per the BMPA link within that thread.

    We can also tell you that, even if you get court papers from Gladstones these cases are defendable, and certainly Smart Parking cannot hold a registered keeper liable, due to their choice of PCN wording. Their PCN can only hold an admitted driver liable, potentially, so never say who was driving. No admitted driver = no liability, with Smart Parking.

    And I would just add I can't recall a case from Gladstones actually proceeding to a court hearing on MSE all year. Not cases where a defence has been worked out on the forum to suit the case, all have quietly discontinued I think.

    So do not pay, do not fear an 'inevitable court hearing' (highly unlikely) and please confirm if the letter is merely asking for payment to DRPlus?
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Saniyas
    • By Saniyas 16th Oct 16, 10:42 PM
    • 4 Posts
    • 1 Thanks
    Saniyas
    Hi, yes the letter says to contact DRPL for payment and not Gladstones Solicitors as that may not be valid. There is no date or time of the contravention and the letter is similar to what people have mentioned.

    Thanks
    • Coupon-mad
    • By Coupon-mad 16th Oct 16, 10:45 PM
    • 40,408 Posts
    • 52,294 Thanks
    Coupon-mad
    Great, a toothless debt collector letter then, like you will have seen in the BMPA link in the other thread I showed you. The BMPA advice is to ignore that one, as you will have seen when you clicked on the link.

    Come back if you get a Gladstones Letter before Claim where the client is the parking firm (Smart Parking, not DRPlus). We have not heard of them ever trying court but like I say, we've seen off every Gladstones claim on here that I can remember this year, with no hearing needed in any case. A claim is defendable so come back if you get one, no panic.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Saniyas
    • By Saniyas 16th Oct 16, 11:33 PM
    • 4 Posts
    • 1 Thanks
    Saniyas
    Thanks, I don't think they will mention Smart Parking and will keep telling me to contact DRPL.
    • IamEmanresu
    • By IamEmanresu 17th Oct 16, 7:01 AM
    • 977 Posts
    • 1,715 Thanks
    IamEmanresu
    The extra £60 is ultra vires
    TD are you sure "ultra vires" is applicable in contract law. Halsbury says

    A corporation created by statute must act within the powers given to it by the statute and any act beyond these powers is ultra vires, although an application to Parliament to modify the powers may be made in certain circumstances. If an ultra vires transaction is carried out, it is void ab initio and has no legal effect
    So unless they are a statutory corporation like a Local Authority, it would be unwise to use the phrase. Perhaps you'd want to suggest another wording.

    Just a suggestion as the idea itself is spot on.
    General Election coming up? Your MP worried about his/her job? Give them something to do and get them to sort out these parking cowboys. Search "Theyworkforyou" for the name of your MP.
    • Kind Of Irritated
    • By Kind Of Irritated 17th Oct 16, 8:56 AM
    • 102 Posts
    • 60 Thanks
    Kind Of Irritated
    The Deep - I can't see any mention of Duncan Allen here -

    Does he run the whole website?
    • DoaM
    • By DoaM 17th Oct 16, 9:07 AM
    • 995 Posts
    • 908 Thanks
    DoaM
    No idea why OP edited post #1 given it had already been quoted in post #2
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • beamerguy
    • By beamerguy 17th Oct 16, 9:18 AM
    • 4,117 Posts
    • 4,725 Thanks
    beamerguy
    No idea why OP edited post #1 given it had already been quoted in post #2
    Originally posted by DoaM
    That is odd ?
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • The Deep
    • By The Deep 17th Oct 16, 9:53 AM
    • 5,561 Posts
    • 4,270 Thanks
    The Deep
    ”TD are you sure "ultra vires" is applicable in contract law. Halsbury says ..."

    Having consulted several sources I am confident that it is not inappropriate. This is not Legal Beagles you know

    A corporation created by statute must ... If an ultra vires transaction is carried out, it is void ab initio and has no legal effect

    A fallacious argument I am afraid.
    Last edited by The Deep; 17-10-2016 at 10:28 AM.
    • IamEmanresu
    • By IamEmanresu 17th Oct 16, 10:00 AM
    • 977 Posts
    • 1,715 Thanks
    IamEmanresu
    Having consulted several sources I am confident that it is not inappropriate. This is not Legal Beagles you know
    The appropriate response in this case is LOL.
    General Election coming up? Your MP worried about his/her job? Give them something to do and get them to sort out these parking cowboys. Search "Theyworkforyou" for the name of your MP.
    • The Deep
    • By The Deep 17th Oct 16, 10:00 AM
    • 5,561 Posts
    • 4,270 Thanks
    The Deep
    The Deep - I can't see any mention of Duncan Allen here -

    Does he run the whole website?
    Originally posted by Kind Of Irritated

    Well, he wrote to me on SRA letterhead, and having read this,


    https://uk.linkedin.com/in/duncan-allen-a943019a


    I am pretty sure that he is not an imposter.
    • Kind Of Irritated
    • By Kind Of Irritated 18th Oct 16, 10:01 AM
    • 102 Posts
    • 60 Thanks
    Kind Of Irritated
    Thank you. Just wondered if he was to be the addressee in my SRA complaint. I think I'd better just send it as per SRA's instructions.

    Duncan Allen -
    • Caseworker

      Legal Complaints Service

      July 2006 – August 2010 (4 years 2 months)
      Investigating and resolving service complaints about solicitors.
      Resolving written enquiries from solicitors and the general public.
      Referring potential conduct issues to the Solicitors Regulation Authority.
      Providing coaching and mentoring to support colleagues.
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