District Enforcement Court Papers Received

Luigi136

I received Court papers form Gladstones who act on behalf of DE..


In my reply to Letter Before Claim they rejected the fact they were outside the time period of 14 days for the NTK


Claimed that GPEOL did not apply as it is a Contractual charge


Also rejected ADR through POPLA as they are no longer member of BPA but POPLA but BPA is mentioned on the PCN


That are now members of IPC to which you can appeal but IPC happens to have same address as Gladstones - seems like a stitch up to me


Any help would be appreciated
Thanks
Luigi

Redx

correct, and yes they ARE PART of the IPC so use IAS and not popla , says so here http://www.theipc.info/#!aos-members/cv75

are you sure these are court papers (from northampton or salford) and not just debt collector letters from gladstones ?

the appeal time for the IAS is 21 days and you should have been given an appeal reference for IAS if they rejected your PPC appeal

and yes you cannot appeal on gpeol if its a contractual charge , as the IPC dont allow gpeol charges at all afaik , its contractual charges only

stitch up or not, its what you have to deal with

Dee140157

District Enforcement moved over to IPC on 31/3/14
When you got the original PCN they were probably members of BPA.
Can you be specific about what the papers you have received are?
Gladstones is a confusing one as they are both debt collectors and separately solicitors.
Do you have the original trail of letters?

Redx

Dee140157 wrote: »

District Enforcement moved over to IPC on 31/3/14
When you got the original PCN they were probably members of BPA.
Can you be specific about what the papers you have received are?
Gladstones is a confusing one as they are both debt collectors and separately solicitors.

good point , so it may depend on the date of this pcn (not mentioned in post #1)

Luigi136

PCN was received Sept 2013
I ignored it as I was not the driver
next I got was a Letter before claim April 2014
In between no correspondence at all
Replied to Letter before claim stating that NTK was outside prescribe time period of 14 days under POFA and also asked for GPOEL.
Gladstone replied saying it was a contractual charge therefore GPOEL did not apply and ignored the fact that NTK was not received within 14 days

Redx

so it was a BPA matter back then , not sure the BPA or popla will deal with this now then

if the NTK didnt arrive within the POFA 2012 time periods then RK liability doesnt apply but the parking invoice does (for up to 6 years) - so this may be a get out if it went to court

I think I would complain to the BPA attaching all paperwork but suspect they may not get involved now that DE have left them , so maybe complain to the dvla too

you also indicated court papers were received , but now you are saying it was a letter before claim ?

make your mind up please, either you have court papers , or you dont

court papers come from a court , not a solicitors

Luigi136

Thanks Redx


I had received first the Letter Before Claim to which I wrote a reply
Gladstones replied saying that they had complied with all POFA requirements
I replied again saying that NTK was outside the deadline and not valid
Next thing I got was Court papers

Luigi136

Court papers are from Northampton by the way

Redx

in that case you will have to deal with this as a court claim now , so you need to acknowledge it etc and prepare to defend it

the NEWBIES thread has details on court defences etc , as does the PARKING PRANKSTER ebooks (even though he has written it about PE a lot still applies)

his website also has transcripts you can look at , plus other info about court cases too

my point is that now its a court matter you will have to defend yourself , first by paperwork and possibly in court , unless you can steer it to ADR by popla given the PPC was a BPA member at the time

the fact you ignored it was a bad idea when POFA 2012 had come in 12 months earlier , never mind the fact that nobody should ignore a DE pcn

4consumerrights

PCN was received Sept 2013
I ignored it as I was not the driver
next I got was a Letter before claim April 2014
In between no correspondence at all
Replied to Letter before claim stating that NTK was outside prescribe time period of 14 days under POFA and also asked for GPOEL.
Gladstone replied saying it was a contractual charge therefore GPOEL did not apply and ignored the fact that NTK was not received within 14 days

What a load of c*ap - doesn't matter what the basis of the parking charge is to invoke keeper liability under POFA ...

Still DE's NtK's DO NOT USE KEEPER LIABILITY - the NtK's are convoluted and contradictory .... and can only pursue the driver.

therefore as you are only the registered keeper and if you can prove you were not the driver this needs to be one of your defence points.


I bet you are at Staffs uni.

You certainly need to defend this - make sure that you acknowledge the claim stating you will defend in full - you have 14 days from service to acknolwedge stating you will defend - this then gives a TOTAL of 28 from service to submit your defence.

Gladstones actually replied to a LBC? they ignored other ones




If you can show that you understand the defence etc and do some reading - I am sure that coupon and/or myself can help with a defence off forum......

..... as DE monitor this like hawks - hi Danny

da_rule

4consumerrights wrote: »

therefore as you are only the registered keeper and if you can prove you were not the driver this needs to be one of your defence points.

4CR - Quick query if I may. As DE are claiming driver liability (for want of a better phrase) and bringing the claim is the burden of proof not on them to prove who was driving? Rather than the OP trying to prove they weren't driving is it not better to !!!! the burden to make them prove that the OP was?