HELP. Gladstones Solicitors -Letter before claim.

Change123

I have read the Newbies thread and have not got the template letter to use for a Letter before claim that my partner received from Solicitors.

Partner ignored the initial letters from Parking company.. Ahrrrrggggg!!! and now just received the 'Letter before claim' They say the charge is I parked on Parking for Patrons

Firstly a few things are wierd with these letters.
1)The number they have to call does not actually go through. I gives a dead sound. This number is different to the one on their website.
2) I called the Parking xxx and entered the PCN on their automated payment system ( I did not intend to pay, and it says no information can be found on this PCN.

My request please is can I get a template letter because my guess is they have to prove that I actually left that small parking lot and I was not a patron which i was a patron that day.
Can I use this template I saw some where:
Reference number


Dear Sirs

Parking Charge Number xxxxxx

I refer to your letter of xxxxxxth 2016, and earlier correspondence.

Dear Sir/Madam,

As registered keeper of vehicle XXX 123, I wish to appeal your parking charge notice ref: XXXXXXX. Not only did I attend the store in question, but your charge is punitive in nature and is not a true reflection of the landowner's losses.

Please cancel the ticket, or issue me with a POPLA code where I can take this matter to the independent parking appeals service.

Yours,

XXXXXX





Thanks in advance. I have 14 days to respond

Coupon-mad

You cannot use an appeal letter against a LBC.

You need something like this (hat tip to Gan on pepipoo):



Dear Sirs,

Your Ref xx/xx re: Euro Parking Services PCN xxxxxxx

I note your Letter Before Claim dated ****

I deny any debt to your client. I will not be telephoning you but require further information in writing.

The driver is not identified in your letter and you have written to me as the registered keeper. I am not liable because I do not believe that your client invoked Schedule 4 of the POFA 2012 with fully compliant documents.

You cannot presume that I am possession of all the documents referred to in your letter and I require a copy of the Notice to Driver and Notice to Keeper to inspect so that I can make an informed decision. Please send copies of these and any documents that will be produced in the event of your threatened action, including copies of all photographs taken and evidence of the contract itself (clear evidence of the terms on the signs at the time).

I also require evidence of the contravention. If the driver is alleged not to have been a patron of the shops, I cannot be expected to know or answer to that allegation as keeper of the car. However, the burden remains with your client to produce evidence and I require that now (e.g. photographs of the driver leaving the site, if that is the allegation).

In order to understand my legal position, I also require the following information :

1 Is your client's intended action funded on a contractual charge, a breach of a contract or trespass?
2 What is the basis of the additional £50 charge?
3 If it is for legal services, has your client already paid it?

When I receive the documents and your answers I will be in a position to make a more detailed response and as such, it would be wholly unreasonable and vexatious to proceed in the small claims track at the present time.

Yours Faithfully,


(your partner's name and full address, as keeper of the car - do NOT name the driver)

Change123

Thanks for the swift response. I shall draft this and keep this thread updated with progress. Much appreciated

Change123

pappa_golf

what is this phone number , is it gladstones or ECP ?

Change123

Hi

Just received a County Court Claim Form where Parking company is the Claimant.

It says " If you disagree with the claim then you must send either the completed acknowleggement of service form or a defence form to the court within 14 days of service. If you send the acknowleggement of service you must send a defence to the court to arrive no later than 28 days from the date of servive."
Just wondering what to do now??

Thanks

System

Just wondering what to do now??

Its fairly plain

complete acknowledgement of service form

and

send a defence to the court to arrive no later than 28 days from the date of service

Which bit do you have a problem with?

Change123

Hi
So by after sending the acknowledgement of service form, I send my defence right. I assume I just use the letter from COUPON MAD above in the defence form.
Do you reckon this will be thrown out of court ?. What your axperience with cases that reach this far?

Thanks

hoohoo

BTW, Gladstones read this forum, so everything you write here will be part of their claim.

Change123

Is it possible to PM me?

hoohoo

At first I thought you were Gladstone Solicitors asking for help to write a letter before claim. Though I have no doubt Gladstones standards would increase exponentially if they got help from somebody who had a clue what they were doing, it is not likely they would get much help here.

Your defence should briefly state why you think the claim is not valid, but best not to do this on forum as Gladstones read this

mamaster

Can you update this thread please? What happened after you had sent your defence?