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  • FIRST POST
    • TitledTItan
    • By TitledTItan 31st Aug 17, 3:25 PM
    • 13Posts
    • 16Thanks
    TitledTItan
    Unique situation - Gladstone Final Threat in the Post
    • #1
    • 31st Aug 17, 3:25 PM
    Unique situation - Gladstone Final Threat in the Post 31st Aug 17 at 3:25 PM
    Dear All,

    I've read through a number of cases regarding Gladstone but I think my case is slightly different from the norm so would love to hear what your thoughts are on how I should proceed.

    I received a PCN from a company called PCM (Parking Control Management) this was a result of parking in my allocated numbered residential bay which I've been parking in for over 3 years. the Estate where I live recently changed over parking companies and they provided around a month notice to all residence about this change over occurring.

    I received 2 permits in the post, 1 visitors permit and 1 numbered parking permit to use on my car when parked in my numbered parking spot. I placed this permit on the dash and ordered a permit holder from amazon to fix it to the windscreen and avoid any issues, unfortunately one fine day before I had the chance to fix the permit it had blown over on its back and I received a PCN the next morning.

    I tried to contest this fine explaining the situation but it fell on deaf ears and I was threatened with court and additional fees for delayed payment, the fine was originally for £100, I responded to the original claim as follows.
    ---------------------------------------------------------------

    Dear PCM,

    Please accept this message as an official notification that I WILL NOT be paying the Penalty Charge notice handed to me on the xxx

    As a Resident of xxx (since 2014) I am within my full legal right to park in my allocated and reserved parking spot labelled XX, I accept that your company objective is to issue fines to drivers who are parking at XXX without permission and to make this easier for you, you require that drivers display a permit. In this specific situation my permit was situated on my car dash and through an act of nature (wind) had turned over without me noticing. I have since fixed the permit to the windscreen so this confusion does not repeat itself.

    Please proceed to take any legal action you deem necessary, please also consider that due to contract obligations at my workplace I have been advised I am well within my right to raise claim on any working hours spent settling this matter.

    Any further correspondence requesting payment of this PCN will be treated as personal harassment and used to strengthen my case.

    Thank you
    Kind Regards
    -----------------------------------------

    A similarly structured message has worked before with other parking issues, they usually just stop all correspondence and forget about the claim.

    Unfortunately A week ago I received my final reminder from Gladstone Solicitors representing PCM and they have itimised the various charges that will be added to the claim in court which now totals up to roughly £320. I know it will never get to me having to pay that but the money isn't the issue here to be honest. I don't mind paying when I am in the wrong I just don't want to pay 1 penny to these Extortionists, I don't want them to win the case either.

    Yes I am a resident,
    Yes that was an allocated parking spot so nobody else is allowed to park there anyway.
    They've continued to send me threats of legal action moving from PCM, to Debt collectors and now to Gladstone so I doubt Gladstone will even know the details of this case

    I must reiterate here this is a purely residential zone so no pay & dsplay is in affect on the entire premises, its just that its accessible to the public so a parking control company prevents trespassers form taking up the resident bays.

    They (PCM) actually sent me a photo (which I've kept as evidence) of my windscreen with my parking permit turned over on the dashboard.

    The signage clearly states that all permits must be clearly displayed on the dashboard at all times when parked at the estate, I have not responded to Gladstone within the 7 day deadline as I actually don't mind going to court.

    Another concern is I might not be around for much longer as I'm moving to Spain with our new baby to be closer to my wife's family in about 3 weeks time, so I expect my court hearing will be set to after I have emigrated from the UK, I'll obviously still have active accounts in the UK so I'm just wondering what the best case and worst case scenario will be here considering I cant attend the court date and what can I do to protect myself except pay these ar**holes money. I don't mind spending £400 on lawyers to represent me in court instead but I've read that's not an option in small claims either.

    Please help me fight this and hopefully get this thrown out before it even reaches the court date, I haven't received anything from the courts yet obviously but I have a feeling its only a matter of time as Gladstone have that reputation.
    Last edited by TitledTItan; 01-09-2017 at 8:36 AM.
Page 2
    • safarmuk
    • By safarmuk 6th Sep 17, 1:25 PM
    • 483 Posts
    • 895 Thanks
    safarmuk
    started a facebook group and people have been trickling in, managed to start a conversation about the parking issue, planning to hand over the group to one of the residents that I was close to once its up and running at full force,
    Well done indeed, this is not an easy thing to accomplish on these kind of estates as many are buy to let flats and the landlords don't care or are just plain apathetic (as are some owner occupiers). However you seem to have cracked it - good job. Although not essential, if you get to more than 50% of leaseholders aligned and agreed you really are in the box seat and the MA will find it hard not to do what you ask. I would say even a group of 10-20% would hold quite a clout.

    I don't think this Parking Company will survive the year IMHO, there's alot of people not happy with them who have already paid their fines without knowing that they could have fought it in court, a few that just didn't to deal with the problems, that's really what keeps these parking companies afloat.
    It's never too late. The people who paid their parking charges should check their leases. If they find they were misled by the MA about the validity of these charges (and a case in the SCC would help prove that but not essential, a good review of the lease will suffice) then they can and should press the MA heavily with the threat of group (see above) legal action, to either get refunds from the PPC or the MA themselves via deductions to their service charges. You should be digging out any and all communications (e.g. letters, notices, emails from either the MA or PPC) as evidence of this (as well as your leases of course)

    Although rare, refunds from PPCs and/or MAs are possible. You will have much more chance of achieving this as a group of coordinated residents (leaseholders and tenants). Please do keep us informed of how this goes as it is good information for the next person who comes on here with similar issues.
    Last edited by safarmuk; 06-09-2017 at 1:29 PM.
    • beamerguy
    • By beamerguy 6th Sep 17, 1:34 PM
    • 5,987 Posts
    • 7,709 Thanks
    beamerguy
    Yes, we all wish you luck

    Don't expect too much from Gladstones, they sing the
    "same old song" nowadays, they have run out of anything new

    Gladstones are probably the most unprofessional firm of
    solicitors in the UK
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • beamerguy
    • By beamerguy 6th Sep 17, 1:41 PM
    • 5,987 Posts
    • 7,709 Thanks
    beamerguy

    Although rare, refunds from PPCs and/or MAs are possible. You will have much more chance of achieving this as a group of coordinated residents (leaseholders and tenants). Please do keep us informed of how this goes as it is good information for the next person who comes on here with similar issues.
    Originally posted by safarmuk
    They are rare indeed but that stems from the victims not actually
    knowing how they can do this
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • TitledTItan
    • By TitledTItan 6th Sep 17, 1:52 PM
    • 13 Posts
    • 16 Thanks
    TitledTItan
    I would say even a group of 10-20% would hold quite a clout.
    Originally posted by safarmuk
    Yeah unfortunately my days coordinating things here are numbered as moving to my family to Spain, finding jobs, accommodation is going to limit what I can do for this group, I'm handing over my plans to a mate who lives there to keep it up and hopefully come to a resolution.

    It's never too late. The people who paid their parking charges should check their leases.
    Originally posted by safarmuk
    As far as I'm aware from the leases which have been reviewed there is no mention of the numbered parking spots being under MA control, its mentioned in the leases that every flat has one allocated parking spot and that visitors parking will be limited to one permit per flat which will need to be displayed when parked in the parking bay. Its a very old lease and has never been updated. but no landlord has ever agreed to having their personal allocated parking bays managed by the parking company. thats for sure.

    Although rare, refunds from PPCs and/or MAs are possible.
    Originally posted by safarmuk
    I'll mention this in the group, but people tend to be lazy, and for them its just £100 for one problem less to worry about, I doubt anyone who paid would ever bother to try lift a finger to reclaim that back, they just cant be bothered which annoys me, they complain about the parking company but then dont want to do anything about it. lol
    • TitledTItan
    • By TitledTItan 6th Sep 17, 1:57 PM
    • 13 Posts
    • 16 Thanks
    TitledTItan
    Yes, we all wish you luck

    Don't expect too much from Gladstones, they sing the
    "same old song" nowadays, they have run out of anything new

    Gladstones are probably the most unprofessional firm of
    solicitors in the UK
    Originally posted by beamerguy
    Part of me still wishes I could see this through, I really feel like I could win this as I have more than enough to build a good case. dont even care whether it makes a difference for them winning or losing, I just want to prove to myself that I'm not in the wrong here and what they doing is disgusting! and should really be illegal.
    • safarmuk
    • By safarmuk 6th Sep 17, 2:24 PM
    • 483 Posts
    • 895 Thanks
    safarmuk
    They are rare indeed but that stems from the victims not actually
    knowing how they can do this
    Correct, but now they have this Facebook Group the information can flow.

    I'll mention this in the group, but people tend to be lazy, and for them its just £100 for one problem less to worry about, I doubt anyone who paid would ever bother to try lift a finger to reclaim that back, they just cant be bothered which annoys me, they complain about the parking company but then dont want to do anything about it. lol
    It can be just a matter of a few carefully worded emails and this result can be achieved. It depends how much you have your MA on the run, what evidence you have to deploy and who else you have onside (e.g. residents group, freeholder) etc. The lease and a bit of legal knowledge also help the situation greatly

    Yeah unfortunately my days coordinating things here are numbered as moving to my family to Spain, finding jobs, accommodation is going to limit what I can do for this group, I'm handing over my plans to a mate who lives there to keep it up and hopefully come to a resolution.
    Well, update us what you can from what you see on your Facebook Group or ask your mate to come on here and we can continue to help him.

    As far as I'm aware from the leases which have been reviewed there is no mention of the numbered parking spots being under MA control, its mentioned in the leases that every flat has one allocated parking spot and that visitors parking will be limited to one permit per flat which will need to be displayed when parked in the parking bay. Its a very old lease and has never been updated. but no landlord has ever agreed to having their personal allocated parking bays managed by the parking company. thats for sure.
    Older leases are the best as they pre-date this concept of Residential Car Park Scamming (sorry Management).
    I would get it checked, you are looking to see what land has been demised, what demised rights have been granted and what easements you have. These things will define your rights which should be granted unfettered ...
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