Gladstone LBC - Park Direct UK Ltd

beamerguy

As coupon-mad says, report Gladstones to the SRA.

Not only are Gladstones running a sham with the IPC/IAS rubbish, they are currently showing the courts that they don't have a clue what they are doing.

The great thing about the net is google .... the problem Gladstones have is that there are more NEGATIVE comments than there are good.

Who in their right mind would use Gladstones for any other business.

Will Hurley and John Davies need Psychiatric help, it might help

arteides

received the below....after exchanging the usual letters reading pre-court action , i have a 'cleaned' pdf, but unable to post it atm, happy to do so if anyone knows how, my company tends to block photo posting sites.


Our Reference:
Dear
Re: Our Client: Park Direct UK Ltd
Amount Due: £150.00
Thank you for your correspondence.
We apologise for not enclosing them in our previous letter, they are now enclosed.
Please be aware this will be our last correspondence in the matter and a claim will be issued within 14 days from the date of this letter.
Yours sincerely
Gladstones Solicitors



1 Furzeground Way
Stockley Park East
Uxbridge
UB11 1BD
Tel: 0845 026 7158

Date of this letter:
Dear Mr.
PCN Number:
Vehicle Registration number:
Location: r/o 233 High Street,UB8 1LD, Uxbridge
Date of Event:
Date of PCN Issue:
Amount Due: £100.00
The requirements of Schedule 4 of the Protection of Freedoms Act required for Registered Keeper liability have now been satisfied. As a result, we now have the right to recover any unpaid part of the Parking Charge Notice (PCN) from you, the Registered Keeper/ driver or hirer of the vehicle at the time of contravention.

We require payment from you within 14 days from the date of this letter. To make a payment, please call 0845 026 7155, go online to xxx.parkdirectuk.com or send a cheque to the above address.
If this letter is ignored and remains unpaid 14 days from the date of this letter, further action will be taken to secure payment, which could include issuing court proceedings or instructing a debt recovery company to recover the debt due — both of which will incur further costs. To avoid such unnecessary costs or action, please pay the outstanding PCN.
Yours faithfully,
Park Direct Uk Ltd

NOTICE SERVED DATE
REFERENCE NUMBER
CONTRAVENTION DATE
CONTRAVENTION TIME
VEHICLE REGISTRATION
Park Direct Uk Ltd have obtained your details from the DVLA as the registered keeper of this vehicle through the reasonable cause request of pursuing an outstanding parking charge. We believe that a parking charge is payable with respect to the above vehicle for the following alleged contravention: Stopping or waiting where stopping or waiting restrictions are in force at a location which had the terms of parking clearly displayed on the warning signs. On xxxxxxx you were the registered keeper of the motor vehicle with Vehicle Registration Number xxxxxx when the vehicle was believed to be stopping or waiting at r/o 233 High Street,UB8 1LD, UB8 1LD at xxxx which resulted in the issue of the PARKING CHARGE NOTICE RFF Nn' xxxxxxx





HOW TO PAY

IF THE PARKING CHARGE HAS NOT BEEN PAID
A Parking Charge of £100.00 is now payable and must be paid before the end of 28 days beginning with the day after this notice Is served. If the Parking Charge is paid before the end of the period of 14 days beginning with the date this notice is served, a reduced Parking Charge of £60.00 will be accepted as a full and final settlement. If, after 28 days beginning with the day after that this notice is served, the Parking Charge Notice has not been paid in full, and we have not been made aware of the name and a current serviceable address, for the driver, we do have the right under schedule 4 of the Protection Of Freedoms Act 2012, to recover the charges from the registered' keeper of the vehicle at the time it was parked so much of that amount that remains unpaid.

HOW TO MAKE REPRESENTATION
Ground for Representation: Please tick appropriate box(es)
I never was the keeper of the vehicle in question
I became the keeper after that date
Vehicle was taken without my consent (i.e. stolen, please supply evidence e.g. written confirmation from police/insurance company, detailing when you reported it stolen and the location you left it)
The contravention did not occur
APPEALS
If you believe that the charge should not be paid and wish to challenge this PCN, please write to Appeals Department. 1 Furzeground Way, Stockley Park East, Uxbridge, UB11 1BD. All correspondence must include your name, address, reference number and vehicle registration number. Drivers who breach the permitted parking terms and conditions are liable to pay a charge, according to the list of tariffs displayed in the car park. All appeals are genuinely pursued and the decision to accept or reject an appeal is based on evidence ' supplied. It is important that you supply all of the evidence to support the appeal. Park Direct UK Ltd will not enter into multiple appeal processes. All cases are placed on hold upon receipt of a written appeal. Any driver appealing against a Parking Charge Notice within 14 days from the date of issue will be given the opportunity to provide payment at the reduced amount in the event that their appeal is unsuccessful. You have 28 days from the notice serve date to lodge an appeal, you should be aware that any driver lodging an appeal later than 14 days from the date of issue will be liable for the full amount in the event that their appeal is unsuccessful. On receiving an appeal we will respond to you in writing within 28 working days. If your appeal is not upheld, then you will be eligible to use the Independent Appeals Service POPLA. Details will be made available at the appropriate time. -1

You may now pay this parking charge notice or if you was not the driver of this vehicle at the contravention time, you may supply us with a name and current address for the driver and pass this notice on to them.
If you are a vehicle-hire firm and the vehicle was hired out at the time the contravention took place, please also let us know and provide us with a copy of the hire agreement and a copy of a statement of liability signed by the hirer under that hire agreement. Please note that we may have a right to recover unpaid parking charges from the registered keeper under the Protection Of Freedoms Act 2012.
The Information Commissioner and the DVLA each operates a complaints procedure for you to use if you believe your data has been used inappropriately to supply us with the vehicles registered keeper details. Information on how to complain can be found at xxx.direct.gov.uk for DVLA and xxx.ico.gov.uk for the Information Commissioners Office.
_DATA PROTECTION -
Park Direct UK Ltd will process your information for the operation of their parking enforcement scheme. Processing may include the use of cameras to record data. Your information may be disclosed to, or requested from the DVLA. Records are made available to them thus ensuring the DVLA is satisfied that all data is expedited in the manner agreed and to ensure security of storage and access so as to comply with Data Protection Act 1998. Data may be shared with third parties in relation to the issue of a Parking Charge Notice or Immobilisation in order to assist with a parking change appeal. Park Direct UK Ltd may also disclose data to a third party on the institution of legal proceedings.

pappa_golf

Park Direct Uk Ltd have obtained your details from the DVLA as the registered keeper of this vehicle through the reasonable cause request of pursuing an outstanding parking charge. We believe that a parking charge is payable with respect to the above vehicle for the following alleged contravention:Stopping or waiting where stopping or waiting restrictions are in force at a location which had the terms of parking clearly displayed on the warning signs. On xxxxxxx you were the registered keeper of the motor vehicle with Vehicle Registration Number xxxxxx when the vehicle was believed to be stopping or waiting at r/o 233 High Street,UB8 1LD, UB8 1LD at xxxx which resulted in the issue of the PARKING CHARGE NOTICE RFF Nn' xxxxxx



and the charge?

:Stopping or waiting

please ask them to study the IPC code of practice , ref: grace periods

15. Grace Periods
15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so
they may make an informed decision as to whether or not to remain on the site.

The_Deep

They are yrying it on, reply thusly. it should cause them some extra work.


I have received your later dated ****

Notwithstanding that I deny any debt to your client, I note that your letter demands £150 including £50 for legal costs. Such costs are, as you well know, irrecoverable under C.P.R.


I consider this to be a deliberate attempt to obtain monies which you are not entitled and am copy this letter to Duncan Allen, S.R.A.

http://www.sra.org.uk/consumers/problems/report-solicitor.page

arteides

sending this, any thoughts?

Could you kindly confirm that the documents you enclosed comprising a letter from Park Direct UK dated xxxxx and a ‘Parking Charge Notice’ from Park Direct UK dated xxxxx, are all of the documents on which you intend to rely should this matter proceed to court?

Regarding the additional £50, the maximum sum that can be claimed from the keeper, according to POFA Schedule 4(5), is the amount of the original parking charge. A claim for an amount that you know cannot be recovered would be a breach of the Solicitors Code of Conduct.

Please state clearly whether your client intends to issue the claim against me as the vehicle's registered keeper or as the driver and indeed if the charge is parking or waiting. I refer you to the IPC code of practice reference for grace periods:
15. Grace Periods
15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so they may make an informed decision as to whether or not to remain on the site.

Please regard this letter as another formal request under CPR 31.14 to provide all of the documents sent by your client.
Although the claim is for a sum that should be allocated to the small claims track, this has not yet occurred. The provisions of CPR 27(2) are therefore of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.
The documents will be essential to prepare a defence and, in view of your assertion, the request is entirely in accordance with the Over-riding Objective and CPR 1.1(2)(a).

Coupon-mad

against me as the vehicle's registered keeper or as a presumed driver (evidence is required, if you believe the latter to be the case)...

arteides

got this recommended on Pepipoo by Lynnzer, any comment?

No. Not yet.
I'm working on something you may like.

Right then. I thought the location sounded familiar and a GSV search shows why. It's the Subway side road again.

So, this is not a contractual matter; it's one of trespass and that makes thing very easy for you.

Send this to Park Direct:
Sir, I am in receipt of PCN ****** dated ** ** **

I am writing to advise you that you appear to hold me liable for a matter of trespass, conveniently disguised as a Contractual Charge.

The location of the alleged incident is shown to be signed with notices that prohibit parking in some way. That is “Permit Holders Only”, “No Unauthorised Parking” “Parking for customers only”. In fact the signs at the location say" NO STOPPING OR WAITING AT ANY TIME".

For your consideration I attach a photograph of one of the signs that clearly displays the prohibitive nature of the wording although you will know what they say already.

A sign of this sort makes no contractual consideration to a driver. If parking, stopping or waiting is forbidden, you cannot contract with a driver to do exactly what the restriction forbids. A contract must have 3 elements; Offer, then consideration then acceptance. No offer was made at the time of the alleged contravention.

As this cannot be a contractual agreement it is therefore actionable only as a tort of trespass and that has to be progressed by the actual landholder/owner or lessee. I have a reasonable assumption you are neither.

The result of that is that when you applied for my registered keeper details under the KADOE agreement with the DVLA you did so unlawfully. You cannot use them personally as you have no proprietary interest in the land, and you are forbidden to pass them to a third party.

It appears that in your negotiations to contract with the landowner you omitted the duty of care required to ascertain that you had operational integrity. A lax consideration of your contractual limitations is no excuse for failing to observe the strict requirements of the Data Protection Act. A breach is a fact in law.

Continuation of your claim against me having been informed of this breach will only serve to exacerbate that breach.

As I am now being pursued for a wrongful contractual charge you are unlawfully using my details against me. I therefore give you notification as below.

Letter Before Action.
I claim an amount of £750 for the breach of the Data Protection Act resulting in obtaining my details when you had no reasonable cause, and to use them against me in pursuing a debt which has no merit. You will find the case of Halliday v Creation Consumer Finance Ltd [2013] All ER (D) 199 has shown that a sum of £750 to be reasonable in these sort of circumstances.

If I do not receive payment of that amount within 14 days I will raise a claim in the county court without further notification and will include the court costs onto the claimed sum.


This post has been edited by Lynnzer: Today, 11:41

Coupon-mad

Yes, Lynnzer's suggestion is fine as an alternative. None of it will get it cancelled but any robust response is good, shows you to be a non-victim.