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    • Eni_Spaghetti
    • By Eni_Spaghetti 14th Jul 17, 9:53 AM
    • 7Posts
    • 1Thanks
    Eni_Spaghetti
    Gladstones Letter Before Claim
    • #1
    • 14th Jul 17, 9:53 AM
    Gladstones Letter Before Claim 14th Jul 17 at 9:53 AM
    Hi All,

    I have received a 'Letter Before Claim' from Gladstones and I was hoping for some advice. I have read a lot on the forums, but I have just confused myself.

    Some history:

    A person parked on private land, and overstayed their complimentary parking by a few minutes. They received a parking charge in the post (in their name, but wrong title). The person appealed.

    The parking company responded by rejecting the appeal, but the letter and response was addressed to me (my name but wrong title). I am not the registered keeper nor the registered owner nor did the driver give them my details. So I ignored it. I still don’t know how they got my details, or why they addressed the appeal response to me.

    Following a letter from a debt recovery company (also addressed to me, which I ignored), I have now received a ‘Letter Before Claim’ from Gladstone Solicitors saying I have 14 days to pay up or respond.

    Should I respond, or should I wait till court papers arrive? And am I mistaken for not responding to them sooner given the mix up on their part?

    If it goes to court, will the fact that I never received a parking charge notice in my name make a difference?

    Your advice is appreciated.
    Last edited by Eni_Spaghetti; 14-07-2017 at 10:48 AM. Reason: Driver details removed
Page 1
    • Redx
    • By Redx 14th Jul 17, 10:19 AM
    • 14,725 Posts
    • 18,498 Thanks
    Redx
    • #2
    • 14th Jul 17, 10:19 AM
    • #2
    • 14th Jul 17, 10:19 AM
    if it is a REAL lbc from GLADS , and not a DRP letter in disguise, then respond with a rebuttal letter (not that GLADS will read it or action it)

    prepare for a court claim MCOL in the next few weeks , regardless of what you write

    and as this is CIVIL court, its a one off deal and no previous will be taken into account , certainly not like in speeding prosecutions etc

    its a simple dispute over an unpaid invoice , nothing more

    its not a murder trial , think of it as like Judge Rinder without all the theatrics , dont give it more weight than what it is
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Eni_Spaghetti
    • By Eni_Spaghetti 14th Jul 17, 10:40 AM
    • 7 Posts
    • 1 Thanks
    Eni_Spaghetti
    • #3
    • 14th Jul 17, 10:40 AM
    • #3
    • 14th Jul 17, 10:40 AM
    Thanks Redx. Since it is going to a claims court anyway, is there any point of me responding? Or will responding help my case in court?

    Also, if it is better for me to respond, should I mention everything or should I withhold some information?

    Thanks again
    • Quentin
    • By Quentin 14th Jul 17, 10:45 AM
    • 32,026 Posts
    • 16,103 Thanks
    Quentin
    • #4
    • 14th Jul 17, 10:45 AM
    • #4
    • 14th Jul 17, 10:45 AM
    You should never give away who was driving.


    Edit your OP to remove details of the driver
    • Eni_Spaghetti
    • By Eni_Spaghetti 14th Jul 17, 10:49 AM
    • 7 Posts
    • 1 Thanks
    Eni_Spaghetti
    • #5
    • 14th Jul 17, 10:49 AM
    • #5
    • 14th Jul 17, 10:49 AM
    Thanks Quentin....post updated.
    • hoohoo
    • By hoohoo 14th Jul 17, 10:54 AM
    • 1,670 Posts
    • 3,089 Thanks
    hoohoo
    • #6
    • 14th Jul 17, 10:54 AM
    • #6
    • 14th Jul 17, 10:54 AM
    I would respond to both gladstones and the parking company.

    Dear Gladstones/Parking company,

    Re charge xxx

    I am not the driver, owner or keeper of the vehicle. I am unsure how this mix up on your part occurred. However, now that I have provided you with this information under the data protection act you are obliged to update your records accordingly. It is an offense under the act if you do not do this.

    Please confirm you have done this within 14 days.


    This puts you in a good position for a DPA counterclaim if they are stupid enough to file a claim.
    Dedicated to driving up standards in parking
    • Eni_Spaghetti
    • By Eni_Spaghetti 14th Jul 17, 11:05 AM
    • 7 Posts
    • 1 Thanks
    Eni_Spaghetti
    • #7
    • 14th Jul 17, 11:05 AM
    • #7
    • 14th Jul 17, 11:05 AM
    Thanks hoohoo.

    Is it still possible for them to go back and fine the driver, or is it too late for them to do that?
    • Quentin
    • By Quentin 14th Jul 17, 11:15 AM
    • 32,026 Posts
    • 16,103 Thanks
    Quentin
    • #8
    • 14th Jul 17, 11:15 AM
    • #8
    • 14th Jul 17, 11:15 AM
    1) It's not a "fine" but an "invoice"


    2) Creditors have 6 years to take legal action over a debt


    Never reveal who was driving!
    • beamerguy
    • By beamerguy 14th Jul 17, 11:20 AM
    • 5,507 Posts
    • 7,082 Thanks
    beamerguy
    • #9
    • 14th Jul 17, 11:20 AM
    • #9
    • 14th Jul 17, 11:20 AM
    Thanks hoohoo.

    Is it still possible for them to go back and fine the driver, or is it too late for them to do that?
    Originally posted by Eni_Spaghetti
    Send the letter hoohoo suggests

    There is no fine involved, it's an invoice, don't get confused.

    If they don't know who the driver is, there is nothing they can do.

    Gladstones are a highly incompetent firm of solicitors, right now
    they lose in court because of their incompetence.

    As said, if they ignore you and issue court proceedings, who will they name on the court papers and yes, they could open themselves up for a data breach which could be £250 to £750
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Eni_Spaghetti
    • By Eni_Spaghetti 14th Jul 17, 11:50 AM
    • 7 Posts
    • 1 Thanks
    Eni_Spaghetti
    Thanks All. The letter has been printed and will be posted first class today.

    Will keep you updated as things progress.
    • Redx
    • By Redx 14th Jul 17, 12:01 PM
    • 14,725 Posts
    • 18,498 Thanks
    Redx
    Thanks Redx. Since it is going to a claims court anyway, is there any point of me responding? Or will responding help my case in court?

    Also, if it is better for me to respond, should I mention everything or should I withhold some information?

    Thanks again
    Originally posted by Eni_Spaghetti
    lets put put this way

    you dont want a cranky judge asking why you ignored the LBC and did not reply to the LBC , in other words you wont want GLADS saying they followed the pre-court protocol and you failed to do so

    you want to show a court you tried everything possible and that you denied the alleged debt IN WRITING , like sending the hoohoo letter above

    the last thing you want is to be sidetracked and hoodwinked in court due to not sending a debt denied letter with a 60p stamp on it

    and NEVER give out information that can be used by a claimant
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Eni_Spaghetti
    • By Eni_Spaghetti 14th Jul 17, 12:16 PM
    • 7 Posts
    • 1 Thanks
    Eni_Spaghetti
    Thanks Redx...appreciate it.
    • Coupon-mad
    • By Coupon-mad 14th Jul 17, 2:01 PM
    • 48,025 Posts
    • 61,472 Thanks
    Coupon-mad
    Email a copy of the letter to them as well, and get a free 'cert of posting' (not recorded/signed for).
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Eni_Spaghetti
    • By Eni_Spaghetti 14th Jul 17, 10:41 PM
    • 7 Posts
    • 1 Thanks
    Eni_Spaghetti
    Thanks Coupon-mad. Letter sent this afternoon and got the certificate of proof. Will e-mail them a copy of the letter too.
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