Letter before claim

Kind_Of_Irritated

LETTER BEFORE CLAIM
I would very much appreciate some help as to how to deal with a Letter Before Claim which we received from the solicitor of a company set up to monitor car-parking in a limited domestic car park.

This company is meant to protect the needs of the owners & tenants in the block of flats. Thus we explained to the management and wrote to Link Parking mentioning that. This was not an outsider parking there to get quickly to the shops.

PERMIT
We actually do possess a permit for my son's parking space.

In any case this is an issue ALL and any visitors to the flats will have as extra spaces are not available. We expected that once the explanation was provided common sense would have meant the charge would be cancelled. But no. The solicitors now want £150 "within 14 days". Whether they mean "from date of letter" or "from (its) receipt" is not specified. The date of the letter was 25th August but we did not receive it until last Friday, 2nd September.

URGENT REPLY NEEDED?
My first urgent query: should we immediately post them (today?) a holding letter while we put a longer reply together?

I would also appreciate some advice on how we handle the comprehensive reply to the solicitors. I have read some of your excellent posts on this site and I'm sure they will be a great help.

LoveNorfolk

Either way edit your post to REMOVE who was driving, do this NOW! Someone will be along to help.

parkingwoes_2

Kind_Of_Irritated wrote: »

LETTER BEFORE CLAIM
I would very much appreciate some help as to how to deal with a Letter Before Claim which we received from the solicitor of a company set up to monitor car-parking in a limited domestic car park.

This company is meant to protect the needs of the owners & tenants in the block of flats. Thus we explained to the management and wrote to Link Parking mentioning that. This was not an outsider parking there to get quickly to the shops.

PERMIT
We actually do possess a permit for my son's parking space.

In any case this is an issue ALL and any visitors to the flats will have as extra spaces are not available. We expected that once the explanation was provided common sense would have meant the charge would be cancelled. But no. The solicitors now want £150 "within 14 days". Whether they mean "from date of letter" or "from (its) receipt" is not specified. The date of the letter was 25th August but we did not receive it until last Friday, 2nd September.

URGENT REPLY NEEDED?
My first urgent query: should we immediately post them (today?) a holding letter while we put a longer reply together?

I would also appreciate some advice on how we handle the comprehensive reply to the solicitors. I have read some of your excellent posts on this site and I'm sure they will be a great help.

If this is Link Parking then the LBCCC has no doubt come from Gladstones.

This needs a very quick formal response.

The 14 days typically taken from the date on the letter, officially allowing two normal postal days for delivery and you should also include the fact of the date this was received as typically they posted it to coincide with the bank holiday.

However, Did the letter also include their paragraph of acknowledging within the 14 days? if so, which has been seen on templates, then yes a quick letter can posted to acknowledge the LBCCC and that you are considering a full response within a further 14 days.

Remind them of their legal obligations and duty in this matter to comply with Civil Procedures and Pre-Action Conduct and Protocols and that due to the delayed receipt of the letter, any attempt to proceed without complying will be raised in any subsequent defence.

Did Gladstone's provide you also with their change of office address on the letter?

Kind_Of_Irritated

Thank you very much for your reply. Yes, it is Gladstones.

Does 4 days from date of the letter mean they need to receive a reply by this Thursday (8th) two days from now? Looks like it.

Should I mention this delayed arrival of the letter in my initial reply to them? With reference to the Bank Holiday delay?

Yes, acknowledging within 14 days is in the letter too. This is what that paragraph says:

We now require you to pay the full amount within 14 days. Alternatively, you should provide an acknowledgement of receipt of this letter and a full written response within 14 days. Your response should provide your full account of the circumstances that have led to the charges being imposed and should include confirmation as to who the driver(s) of the vehicle were at the time of each incident and a current address for service for each driver.

Presumably this means that if I write today just to formally acknowledge receipt of their letter, the "14 days" they refer to in the second instance above (as "a full written response") kicks in after that?

Regarding your Gladstones change of office address query - I can see no reference to this.

At the bottom on the left hand side it says: gslcollections dot com Gladstones Solicitors Ltd, Registered in England and Wales (07535449). Authorised and regulated by the Solicitors Regulation Authority (559050).

On the bottom right it says: Gladstones Solicitors, The Terrace, High Legh Park Golf Club, Warrington Road, Knutsford, Cheshire, WA16 6AA. Tel 01565 655470

catfunt

I think that is their new address - they were previously at Red Cow Yard.

Kind_Of_Irritated

That's the only company address in the letter - the Knutsford one.

UPDATE: I have just noticed - the Red Cow Yard address is actually on the envelope, though not in the letter itself. I think I'll ring them now and check which address to use.

Is there a draft sample letter I can use in the forums for this initial formal response?

Also, I just noticed this in parkingwoes reply to me:

Remind them of their legal obligations and duty in this matter to comply with Civil Procedures and Pre-Action Conduct and Protocols and that due to the delayed receipt of the letter, any attempt to proceed without complying will be raised in any subsequent defence.

Presumably this needs to go in my initial formal letter which I need to get in the post today.

Coupon-mad

Oh - I do hope you didn't just ring them this afternoon. Why do people think it's a good idea to speak to such an aggressive, litigious firm who reckon you owe money you don't? Such companies are beneath contempt and not to be talked to on the phone, which isn't a good method to use anyway for such communication because you have no paper trail of what gets said.

I hope they didn't ask who was driving and you confirmed who that was??

I can't see 'parkingwoes' replies because I've blocked that user for various good reasons, so I will not read her posts. EDIT- she is PPR'd.

I assume you've been advised to respond robustly and to search this forum and pepipoo forum below, for the keyword 'Gladstones' to read all the other threads just like yours where people are already ahead of you, have responded and are defending court claims. Be forewarned and ready, do the search of both forums:

http://forums.pepipoo.com/index.php?showforum=60

HTH

parkingwoes_2

Kind_Of_Irritated wrote: »

On the bottom right it says: Gladstones Solicitors, The Terrace, High Legh Park Golf Club, Warrington Road, Knutsford, Cheshire, WA16 6AA. Tel 01565 655470

Yes that is their new office address to use

Kind_Of_Irritated

This is regarding Coupon-Mad's message to me. Sorry, I'm just catching up and am still learning how to use the system. I can't seem to reply within the thread itself.

Oh - I do hope you didn't just ring them this afternoon. Why do people think it's a good idea to speak to such an aggressive, litigious firm who reckon you owe money you don't? Such companies are beneath contempt and not to be talked to on the phone, which isn't a good method to use anyway for such communication because you have no paper trail of what gets said.

I rang Gladstones only to get their postal address, as different addresses appeared in their letter from on the envelope. I didn't say who I was or why I wanted their address.

Re this:

I hope they didn't ask who was driving and you confirmed who that was??

In my first response to Link Parking I did admit that. Afraid I was rather ignorant of how to deal with these things then. Hadn't found this site!What's this about? I didn't say that. I think your advice is fantastic.

I can't see 'parkingwoes' replies because I've blocked that user for various good reasons, so I will not read her posts.

Re the below - well not much, yet, but the help I have received from one other member was included in my formal response to the solicitors, which I posted yesterday and they probably now have.

I assume you've been advised to respond robustly and to search this forum and pepipoo forum below, for the keyword 'Gladstones' to read all the other threads just like yours where people are already ahead of you, have responded and are defending court claims. Be forewarned and ready, do the search of both forums:

I will make sure I search this forum and pepipoo with keyword Gladstones included. This has some way to run and I realise the fact that I admitted I had been driving might make the hurdle higher.

Thank you very much for your help. It is much appreciated.

Kind_Of_Irritated

Being all innocent re fighting Parking Charge Notices it never crossed my mind not to say that I was in charge of the car while they stuck their little "notice" on it. I'm not the Registered Keeper, so if I'd been better informed before (thanks for the info, now, MoneySaving Expert) I would never have mentioned that fact.

Trouble is I really don't know how exactly to go on with all this and time is marching on. Last week I informed the solicitors who sent me a Letter Before Claim that I will reply fully to this issue by next Thursday (20th Sep).

I find all the information on the forums just a touch OTT for the limited time I may (or may not) have regarding the private parking charge notice I received. I really don't know which parts apply to me, and in which order I should use them, if at all. There are only so many hours in the day and for several days now I have been devouring the messages on the relevant forums.

The history is that in May 17th I was issued a PCN from Link Parking after parking in my son's residential car park for about 20/30 minutes while dropping something off and picking something else up. Ticket said to pay £100 or £60 if paid within 28 days. I responded by writing to them explaining that my permit had slipped out of view down the side of the windscreen.

This was the case and I have always had a permit for use in his car park, but the trouble is there is no extra visitors' spaces so one can only use one's relative's parking space, although I have seen others bending this rule, The Parking company said I was breaking the rules by parking without clearly displaying a permit.

I have not paid either amount, though I have, in my glorious innocence and ignorance, admitted I was the driver.

I recently got a letter from Gladstones solicitors saying I now owe them £150.

My son has already gone down the "speak to the property management" company route and they have not been at all helpful. One of them said "we hand over ALL the authority to the Parking Company". I'm not sure if this is accurate. ALL the authority(?) - even when the parent of a resident is only popping in and there is nowhere else to park? AND even when they have a permit but it is not (on this occasion only) visible?

I would have expected that the purpose of arrangements between a property management company and a Parking Ticket Cowboy (sorry - Company) is to PROTECT the interests of the residents, not to slam a huge charge on their visitors for having the audacity to call in for half an hour. Human Rights Act, anyone? :eek:

Does anyone have any idea as to my chances of winning this case should they decide to proceed to "court" with it?

Many thanks if you can suggest any route to take without sending me here there and everywhere else on these forums. I've been everywhere, man - and I have about 50 windows open already on this laptop.

bargepole

Kind_Of_Irritated wrote: »

... I find all the information on the forums just a touch OTT for the limited time I may (or may not) have regarding the private parking charge notice I received. I really don't know which parts apply to me, and in which order I should use them, if at all. There are only so many hours in the day and for several days now I have been devouring the messages on the relevant forums. ...

I do apologise for the fact that some people have spent many hours, unpaid, in their free time, to put together all the information to help new posters fight a PPC charge.

Perhaps you would like us to write it all out again in words of one syllable to make it easier for you to understand. Or perhaps instead, we should just have a whip round so that we could pay the charge for you.

Meanwhile, you should contact Martin Lewis at MSE Towers to claim a refund of the fee you paid to register on this site.