Letter before claim

Coupon-mad

Since the 7 days mentioned in Gladstones' latest communication to me is up I am fully expecting them to issue a court summons soon.

We would agree they are likely to do so, because that's what they do. These firms abuse the MCOL system by filing unchecked, unscrutinised 'robo-claims' in bulk, as an aggressive form of debt collection. HOW DARE THEY attack residents and relatives like this?!

I noted reference to Gladstones and the IPC being one and the same - "incestuous". I never appealed to their IPC at the start, if I recall correctly because I had seen this dual identity mentioned. Would this failure to appeal to their IPC strengthen or weaken my hand?

In my view it cannot weaken your hand to have made an informed decision not to appeal to this lot:

http://parking-prankster.blogspot.co.uk/2016/01/is-independent-appeal-service-kangaroo.html

Especially as the IPC comes out with countless bizarre decisions, seemingly biased towards PPCs and is organised/run by William Hurley, the Director of Gladstones who act for PPCs, as you know. So who in their right mind would want to hand the PPC what looks like an 'ADR' win when those in the know believe there is ample evidence it is nothing of the sort?!

Have you written to Mrs May and your MP, showing them what you are going through and adding to any template by asking why ex-clampers are allowed to 'credit clamp' people, holding their finances to ransom for six years? And why this shady 'industry' was handed undeserved legitimacy for their penalties by the Supreme Court, by virtue of the unconnected 'ParkingEye v Beavis' case:

https://bmpa.zendesk.com/hc/en-us/articles/211923909-Why-not-write-to-your-MP

and also done your SRA and CSA complaints? SRA complaint here, modified by me posting these as SchoolRunMum (but the complaint was crafted by a legally qualified poster who knows the score re PPCs:

http://forums.pepipoo.com/index.php?showtopic=107836

CSA and SRA complaints are both shown on this thread:

https://forums.moneysavingexpert.com/discussion/5490266

HTH, attack!

Kind_Of_Irritated

No, I haven't done any of that.

Have you written to Mrs May and your MP, showing them what you are going through and adding to any template by asking why ex-clampers are allowed to 'credit clamp' people, holding their finances to ransom for six years? And why this shady 'industry' was handed undeserved legitimacy for their penalties by the Supreme Court, by virtue of the unconnected 'ParkingEye v Beavis' case:

https://bmpa.zendesk.com/hc/en-us/articles/211923909-Why-not-write-to-your-MP

and also done your SRA and CSA complaints? SRA complaint here, modified by me posting these as SchoolRunMum (but the complaint was crafted by a legally qualified poster who knows the score re PPCs:

http://forums.pepipoo.com/index.php?showtopic=107836

But I will now!

I've always found it hard to figure out who to "appeal" to and when to appeal, even given the knowledgeable MSE boards. Never quite knew which applied to my case. But now that you advise, Coupon-mad, I certainly will appeal/contact all of the above.

Another thing - how on earth do I work out my expenses to charge Gladstones/Link when they lose the case against me? It has already taken me hours - sorry - days, weeks of my time, research and effort. Any recommended hourly charge?

Coupon-mad

Yes, the litigant-in-person rate is £19 per hour and you can also claim expenses (like travel & parking!) and lost wages up to £90/£95 for (probably) half a day if you have to attend a hearing.

Kind_Of_Irritated

Hi Coupon-mad. Just spotted this at another thread:

You appear to be unaware that ES parking enforcement ltd have not met the requirements of the POFA 2012 schedule 4 within the 'notice' they sent to me, which is why there was no lawful reason for me to respond. Within the POFA, they cannot hold me liable for a private parking charge as registered keeper.

Your client has no cause of action. The date of the charge was the 16/07/16. The notice to keeper I received was dated by ES parking enforcement ltd the 29/07/16. Under the provisions of the POFA 2012 schedule 4, the notice to the keeper must be delivered not later than 14 days after the date the vehicle was parked. A notice sent by post under the act, is presumed to have been delivered on the second working day after which it was posted. For the purpose of the act working days mean any day other than a Saturday, Sunday or a bank holiday. The notice to keeper was in fact not received until the 4/8/16, however as detailed in the provisions of the POFA as set out above, the presumed date of delivery would of been the 2nd August 2016, this date means that the requirement of the POFA 2012 schedule 4 have not been met as this date is 17 days after the date that the vehicle was parked. Therefore I cannot be held liable for the parking charge as the registered keeper.

https://forums.moneysavingexpert.com/discussion/5535190MSE_FS&utm_medium=Email&utm_term=04-Oct-16

I wonder if this applies to me too? My "charge" was on 17th May, 2016, but the NTK was dated 24th June. The difference may be that I had already "appealed" to Link Parking, and although I am not the "keeper" I had already admitted I was the driver.

Coupon-mad

It would have applied to you as keeper. You threw that away by appealing as the driver, sadly.

Kind_Of_Irritated

Yes, Coupon-mad, I realised I should never have admitted that only AFTER I'd found MSE's boards.

I'm still trying to work out my best line(s) of defence. I'm assuming it's some contract law issue. And until my son is back from abroad I won't be able to see the lease he had from his rented property and quite what it says re parking.

I wrote to my MP yesterday by email, following your suggestion. Today I have spent several hours trying to compile a report to SRA. This is taking ages! I have so many emails and letters I could attach too, if that's possible if I send it all by email.

I haven't even thought about the CSA yet. Would this be the right time for that? I haven't yet received any debt collectors' mail. http://www.csa-uk.com/

Coupon-mad

Forget the CSA complaint, as Gladstones are not members. The SRA complaint is well worth it and can be done online (Google it).

Kind_Of_Irritated

Thank you. Still working on my SRA complaint. I'm going on a bit in my draft. What should the main points be, do you think, re Gladstones?

Umkomaas

Kind_Of_Irritated wrote: »

Thank you. Still working on my SRA complaint. I'm going on a bit in my draft. What should the main points be, do you think, re Gladstones?

Please check out other complaints shown on this and PePiPoo forums, using the search engines on each. Use the search term 'Gladstone SRA complaint'. You might also get valuable pointers by similarly searching on 'BWL SRA complaint'.

Kind_Of_Irritated

Thank you, Umkomaas. Will do.