Letter before Claim - Gladstones Solicitors

Wanger

Wanger wrote: »

In relation to this, I have now received a further letter from Gladstones


"Under schedule 4(4)(1) of the protection of freedoms act 2012 an operator can pursue the registered keeper of the vehicle when the driver has failed to pay their PCN.


You must provide evidence that you were not the driver of the vehicle at the time the PCN was issued"


This letter seems very vague and they haven't addressed that fact that I have detailed above that they did not send the notice to keeper within the date required


Any advice on next course of action would be greatly appreciated.


Thanks

Thanks for that advice.

I was at home at the time the PCN was issued, so no independent evidence to show I was not the driver. The photograph provided by the operator just shows the car being parked out of a bay, but does not offer any evidence to show I wasn't the driver.

I can provide a signed witness statement to state I was at home at the time, and was not driving at the time the PCN was issued.

I take it in the statement I just need to detail my whereabouts at the time the PCN was issued and that due to the NTK being sent incorrectly I am under no obligation to identify the driver??

Also are there any specific statement forms to use??

Sorry for all the questions, just want this saga to end now and starting to see a bit of light at the end of the tunnel.

Many Thanks

The_Deep

Some information on witness statements.

https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements

Send them an invoice for £10 and warn them that, should they persist, and take you to court, you will be seeking your full costs for their unreasonable behaviour under CPR 17.14(2)(g) at the court approved rate of £19 an hour.

Have you complained to the SRA yet? You should, this claim should never have been brought, Gladstones did not carry out due diligence, and they must know that Elliott v Loake does not apply in Contract Law cases.

The_Deep

You must provide evidence that you were not the driver of the vehicle at the time the PCN was issued"

This is a lie and tantamount to fraud. Complain to Duncan Allen at the SRA.

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

System

Perhaps you need to send your own claim in reply to that letter

http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html

Sure we can scrape the £25 together for such a good cause.

Wanger

Thanks for all these, I'm in the process of completing the forms to report Gladstones to the SRA.

Can I expect court papers next does anyone think??

Thanks

Coupon-mad

Yes, I would expect court papers but expect to be able to see this off with a strong defence.

IMHO it is unlikely to go to a hearing (lots of cases do - and G's seem hopeless, as you will see from all the 'you've been Gladstoned!' blogs by the Parking Prankster online - but none from this forum's cases so far, which seem to go quiet not long after a bespoke defence is in).

Wanger

Good Afternoon,

Following my on going saga detailed above, I have returned home today to find the brown envelope contains the court papers on my doormat!!

As I have done throughout I intend to defend my claim at the NTK was not issued in accordance with the POFA and as I was not driving at the time of the offence, I am not liable for the PCN.

I'm going to return the acknowledgement in order to form a robust defence within the 28 days. I would appreciate any help with how to present this defence and what forms/paperwork I will be required to use to evidence my defence.

Also if this does go to a personal hearing, will a 3rd party (husband) be able to represent me. He has attended court, albeit criminal through his employment on a number of times so would be much more confident.

Thanks

Coupon-mad

I'm going to return the acknowledgement

Online on MCOL using the password, not by post in case it gets lost.

Also if this does go to a personal hearing, will a 3rd party (husband) be able to represent me.

Yes, but you have to be there too. For an example read Gin and Milk's thread where the wife was lay rep for the husband (and they won).

I would appreciate any help with how to present this defence and what forms/paperwork I will be required to use to evidence my defence.

All you need to know is already on post #2 of NEWBIES PLEASE READ THESE FAQS FIRST'.