Perranporth / Gladstones

SSAU2016

As someone correctly predicted, I got the whole "hear it on the papers" standard letter from Gladstones today. Any advice or templates of what to do next? I'm quite content to send the letter I got from the hire company saying they have no record of even a ticket on the vehicle in question and basically tell Gladstones to do one and put a complaint in against them for completely ignoring me.

Any advice gratefully received. I won't jump into this like I did with the MCOL thing.

SSAU2016

I've also got it in writing from the hire company saying the vehicle in question was parked in their yard on the date the alleged ticket was written. Parked in their yard, 170 miles from Perranporth.

beamerguy

SSAU2016 wrote: »

I've also got it in writing from the hire company saying the vehicle in question was parked in their yard on the date the alleged ticket was written. Parked in their yard, 170 miles from Perranporth.

Really .... if that was me, I would go to court with that info and let the judge spank Gladstones, they get spanked many times.
You can then claim costs

Read all about the infamous Gladstones and their sheer incompetence
http://parking-prankster.blogspot.co.uk/search?q=gladstones

Umkomaas

You might also 'get spanked' if you didn't reveal that in your defence, but pulled it out your hat at the hearing.

HO87

This is the point at which several people have, in the past, succeeded in plucking defeat from the jaws of victory.

You are only obliged to defend the claim set out by Athens/Gladstones - you should not be offering them any information about any other dates or incidents that do not appear in their particulars of claim.

However, as Umkomaas has pointed out you could expect to be slapped down for withholding clear evidence but that can be avoided.

Both parties to a claim have a duty to narrow the issues between them and - if possible - to reach a settlement before the matter arrives at court. As has been pointed out Gladstones attempt to minimise their involvement (i.e. costs) until its actually needed and with that in mind I suggest that you write to them along the following lines:

Dear Sirs

Re CCBC Northampton Claim No CXQZXZXZ
Athens Security Services Ltd -v- Myself

I refer to the above matter and wish to bring the following to your immediate attention.

The substance of your client's allegation is that a vehicle I had hired was parked in breach of the terms and conditions displayed in the zxzxzxzx car park, Perranporth on 26 June 2015 and a parking charge notice issued by your client remains unpaid.

I deny the entirety of the claim and deny that I owe any debt to your client.

Prior to the receipt of your client's claim I had received no communication of whatever type concerning this matter. It is entirely news to me.

I have secured in my possession clear evidence that at the relevant time I was not in Cornwall and that the vehicle concerned was not hired to me. Furthermore the hire company concerned have confirmed in writing that the vehicle concerned was not even on hire at that time and that they have not received any documentation from your client in relation to this matter. Your client therefore has no case and the claim is doomed to fail.

I have not yet incurred any substantial costs in gathering the above evidence. However should the matter progress beyond allocation then in preparing my defence and securing the attendance of witnesses my costs will increase significantly. Whilst I am more than prepared to defend my position if I have to I have no desire to waste my time nor that of yours your client's or the court and with this in mind I am prepared to make an open "drop hands" offer that your client withdraw the claim forthwith.

The offer remains available until the close of play on Tuesday 16 August 2016.

I need not remind you of the impact this offer may have on the matter of costs should your client continue to pursue this unreasonable and vexatious claim.

I therefore recommend that you refer the matter to your client with all speed and look forward to your prompt confirmation that the claim has been discontinued.

Yours faithfully

SSAU2016

beamerguy

100% right HOB and a great letter

HO87

I have edited the draft to allow for an additional argument.

The_Deep

Add "If I were to be successful in court I should be seeking my full costs under CPR27.14.(2)(g) for your unreasonable behaviour.

HO87

The_Deep wrote: »

Add "If I were to be successful in court I should be seeking my full costs under CPR27.14.(2)(g) for your unreasonable behaviour.

That is exactly what the penultimate paragraph is driving at.

The_Deep

Indeed, but some of these companies need to have it spelt out for them.