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UKCPM ticket no NtD, NtK arrived more than 14 days after dated.

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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 12 August 2016 at 2:45PM
    all explained on the bmpa zendesk

    https://bmpa.zendesk.com/hc/en-us/articles/203570162-Gladstones-Solicitors

    PPR means Posting Privileges Removed or something similar

    a forum ban so unable to post (in simple terms)

    if you dont know what it means , then you have not read the FORUM RULES

    you are correct , there wont be anyone left willing or able to advise at this rate , a stupid decision by the people who run this site, and yet they allow people back who have been banned before to carry on regardless
  • tidegu
    tidegu Posts: 83 Forumite
    edited 12 August 2016 at 2:58PM
    Redx wrote: »
    all explained on the bmpa zendesk

    https://bmpa.zendesk.com/hc/en-us/articles/203570162-Gladstones-Solicitors

    PPR means Posting Privileges Removed or something similar

    a forum ban so unable to post (in simple terms)

    if you dont know what it means , then you have not read the FORUM RULES

    you are correct , there wont be anyone left willing or able to advise at this rate , a stupid decision by the people who run this site, and yet they allow people back who have been banned before to carry on regardless

    Thanks. Now I know what bod meant :p I thought it was some sort of legal action by someone, never thought it was all about the forum. Well, it is odd that the admin created the forum but not letting others to help. Sad :(

    Edit:
    Just read this very "interesting" page, and now I feel relaxed. The letter I received is clearly not a LBA :p BIG THANKS!
  • tidegu
    tidegu Posts: 83 Forumite
    edited 12 August 2016 at 3:14PM
    Here is my first appeal and their reply:

    Dear UKCPM,
    Re: [censored]

    Vehicle Registration Number: [censored]
    Parking Charge Notice (PCN) Ref: [censored]
    Alleged Contravention Time/Date: [censored]

    I am the registered keeper of the vehicle with registration number [censored], and not ignoring your charge for a purported parking infraction.

    As this is purely a charge (not a statutory penalty) issued under a purported contract and the driver has not been identified, I require the following information so that I can make an informed decision:

    1. Who is the party that contracted with your company for the provision of their services? I require their contact details.

    2. What is the full legal identity of the landowner?

    3. As you are not the landowner please provide a contemporaneous and unredacted copy of your contract with the landholder that demonstrate that you have their authority to both issue parking charges and litigate in your own name.

    4. Is your charge based on damages for breach of contract? Answer yes or no.

    5. If the charge is based on damages for breach of contract please provide your justification of this sum.

    6. Is your charge based on a contractually agreed sum for the provision of parking? Answer yes or no.

    7. If the charge is based on a contractually agreed sum for the provision of parking please provide a valid VAT invoice for this 'service'.

    8. I received the NtK on 15/12/2015 which is 14 days of issue. Please provide a proof of post when the NtK being posted.

    If you believe you have a cause of action, send a Letter before Claim within the next 21 days and I will take advice and will respond.!

    In my opinion, there is a better alternative than legal proceedings, namely that we utilise the services of a completely independent ADR service suited to parking charges. This does not include the IAS appeal service - which lacks any transparency and possibly any independence from the IPC - unlike the alternative offered by the British Parking Association, POPLA, which is transparent and has been shown to be independent.

    Furthermore, I noticed that your signage on site at the time of purported parking infraction describes that you were a member of BPA. However, your company is not listed as an AOS member on the December 2015 list. Please provide evidence that your company were an AOS member at time of purported parking infraction. Otherwise, in my opinion, the contract between the driver and your company was invalid.

    Do not send debt collector letters and do not add any costs or surcharges. I will not respond to those, so to involve another firm would be a failure to mitigate your alleged loss. In any case, the addition of any debt collector 'costs' is not my liability because the POFA 2012 can only potentially hold a registered keeper liable if certain provisions have been met and even then, the 'amount of the parking charge' is the only amount pursuable.

    Please also being informed that I will travel oversea from early until end of January 2016, therefore I will not able to response any further interaction before my return. [They actually replied in January!]

    Yours faithfully,!

    The registered keeper
    27/12/2015

    And their response (Interestingly, the letterhead still shows BPA?):

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  • tidegu
    tidegu Posts: 83 Forumite
    After over one year, I have now received the LBC. What should I do now? Thanks!

    ab3y14.jpg
  • Umkomaas
    Umkomaas Posts: 43,793 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Do some forum searches on 'CPM Gladstones' or 'Gladstones LBA' (or similar), there are endless cases here (and on PePiPoo) and learn the process for dealing with these.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • tidegu
    tidegu Posts: 83 Forumite
    Umkomaas wrote: »
    Do some forum searches on 'CPM Gladstones' or 'Gladstones LBA' (or similar), there are endless cases here (and on PePiPoo) and learn the process for dealing with these.

    It looks like a genuine LBC isn't it?

    PS: I have received it yesterday (21st) but it was dated on 14th...
  • Umkomaas
    Umkomaas Posts: 43,793 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It's genuine. It needs to be dealt with, it shouldn't be ignored. Not sure what point you're making on the dates?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • tidegu
    tidegu Posts: 83 Forumite
    Umkomaas wrote: »
    It's genuine. It needs to be dealt with, it shouldn't be ignored. Not sure what point you're making on the dates?

    Thanks. It gave me 14 days to reply, but the letter arrived 7 days later :( Not sure if it's common/correct?

    I have to do it quick - any quick startup posts I should read? Thanks!
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes, those you will find when you search:

    'Gladstones LBCCC' such as the other thread exactly like this about UKCPM, being answered on page one/two today. Search and ye shall find!

    No links.

    Come back when you've found what to respond with and do not panic that this might result in court papers. You will know when you read all the others threads, why not to panic about any Gladstones claim!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • tidegu
    tidegu Posts: 83 Forumite
    Sad news... I received the claim form on Monday which dated on 2 Feb. Tiny Pic seems not working now so I can't upload the scanned copy here, but the "Particulars of Claim" says:
    The driver of vehicle registration XXXXX (the "Vehicle") incurred the parking charge(s) on XXXXX for breaching the terms of parking on the land at XXXXX.
    The defendant was driving the Vehicle and/or is the Keeper of the Vehicle.
    AND THE CLAIMANT CLAIMS
    £139 for Parking Charges / Damages and indemnity cost if applicable, together with interest of £12.20 pursuant to s69 of the County Court Act 1984 at 8% pa, continuing to Judgment at £0.03 per day.

    The total amount of claimed is the sum above plus £25 for court fee and £50 for legal representative's cost, to a total of £226.2.

    I wonder what should I do now? I have read the sticky threads, Court Claim Procedure (updated October 2016) thread and Irrelevant Defences and How To Avoid Them thread, found more confused now... If as mentioned, many of the previous grounds are invalid now, should I still win or better just pay to avoid a public register?

    I am feeling more resist to pay now as the admission form asking quite a lot personal, finance and employer information that I reluctant to give - they doesn't seem to be relevant and if I admit, do I have to fill all in?

    Also, the form seems not as same as mentioned in Court Claim Procedure (updated October 2016) thread as I can't see A1 to D4 questions. If anyone know where else than tiny pic I can host my images on, I will be more than happy to post the entire pack here.

    Regarding to the LBCCC, I replied an acknowledgement on the 14th day and another response on the 28th day. I was extremely busy and had much more important stuff to do during that period so couldn't find a time to seek more help back then. So the response should not be perfect but anyway I did not receive any response from them. Do they have to response before sending me the court claim?

    Many thanks in advance. PS, should I start a new thread or keep on this one?
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