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    • Simonrobin
    • By Simonrobin 4th Oct 17, 11:44 AM
    • 4Posts
    • 0Thanks
    Simonrobin
    Letter Before Claim
    • #1
    • 4th Oct 17, 11:44 AM
    Letter Before Claim 4th Oct 17 at 11:44 AM
    I wonder if someone can help.

    I have received a 'Letter Before Claim' from Gladstones Solicitors.

    I originally received a 2nd postal notification of a parking charge from PCM (UK)LTD (I didn't receive the first) regarding being parked in a restricted area. It's an access road to a sorting office and I was dropping off and picking up a passenger collecting from the sorting office.
    I wrote back a without prejudice letter explaining the signage was not clear as the signs the fence look like they apply to the adjacent car parks and yards off the access rd and that I was not parked as the driver never left the vehicle or switched the engine off. I later received two debt collecting agency letters demanding payment which I promptly ignored, as I read on a forum that privity of contract rules entitle the parties of a contract to sue each other for damages – but prevent third parties from doing so. If a contract for parking existed, the parties involved would be myself and the car parking firm.

    The debt collection firm are a third party, and therefore cannot take legal action – and implying they can is a false representation of law and fact.

    This leads to the Gladstones letter. I have admitted who the driver was and the charge amount has now risen to £ 160 from the original £60.

    Does any one have a template letter or can offer any advice?

    Any help would be greatly appreciated.

    Regards


    Simon
Page 1
    • nosferatu1001
    • By nosferatu1001 4th Oct 17, 1:17 PM
    • 579 Posts
    • 697 Thanks
    nosferatu1001
    • #2
    • 4th Oct 17, 1:17 PM
    • #2
    • 4th Oct 17, 1:17 PM
    "and that I was not parked as the driver never left the vehicle or switched the engine off"

    No, that is utterly irrelevant when it comes to being parked. Try that on a double yellow and you will get a shock

    What you were involved in was boarding / alighting, which is legally distinct (as in, it is defined in statute in the TMA2004) from parking.

    What do the signs say? Is it REALLY Gladstones, or does it say to pay DRP?
    I'll give you great odds that its ythe latter!
    • Redx
    • By Redx 4th Oct 17, 1:25 PM
    • 15,914 Posts
    • 19,951 Thanks
    Redx
    • #3
    • 4th Oct 17, 1:25 PM
    • #3
    • 4th Oct 17, 1:25 PM
    does the reference start with a 1 or a 3 ?

    if its a 1 - its a gladrags letter

    if its a 3 , its a DRP letter on a pimped out letterhead

    if it says to contact DRP then its a DRP letter
    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
    • Simonrobin
    • By Simonrobin 4th Oct 17, 2:14 PM
    • 4 Posts
    • 0 Thanks
    Simonrobin
    • #4
    • 4th Oct 17, 2:14 PM
    • #4
    • 4th Oct 17, 2:14 PM
    The letter reference starts with a one....


    The original sign on site is by PCM (UK) LTD..


    If that helps
    • Quentin
    • By Quentin 4th Oct 17, 2:44 PM
    • 33,044 Posts
    • 16,998 Thanks
    Quentin
    • #5
    • 4th Oct 17, 2:44 PM
    • #5
    • 4th Oct 17, 2:44 PM
    A "1" indicates it's "genuine"!


    Read up in the newbies faq thread on how to deal with a lbbca/court claim (#2 in the FAQ)
    • Coupon-mad
    • By Coupon-mad 4th Oct 17, 10:01 PM
    • 50,577 Posts
    • 63,953 Thanks
    Coupon-mad
    • #6
    • 4th Oct 17, 10:01 PM
    • #6
    • 4th Oct 17, 10:01 PM
    Yep, you need a robust response abut the new Protocol and the evidence you require. A new example has been worked on in Daniel san's thread (no link needed because it's current, and it's already linked in the NEWBIES thread post #2).
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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