Parking Control Managment and Gladstones Solicitors

AGILL

Hello, firstly sorry if my knowledge is a bit basic on these parking issues.

I run a business and received a letter from Parking Control Managment with a PCN with regards to a "parked outside of a marked bay". One of my drivers was returning a customers vehicle back and had to pull over in front of the block of flats to call him to gain access to the gated car park below (she was parked for about 1 minute). The initial PCN was issued to the customer who then passed on our details to PCM, the notice which we received was not a first draft letter and mentioned that we had not paid the PCN within the 28 days and it was now too late to pay any discounted amount which was offered in the original PCN. It then mentions debt collection agents and taking legal action etc.

I then sent a response letter (no mentioning any drivers names) asking for details on landowners etc and asking for an independent ADR service (not the IAS appeal) and to send a letter before claim. I asked for them not to send any debt collectors as it would be a failure to mitigate their costs which are not my responsibility- POFA 2012 and can only hold a registered keeper liable (we were only delivering he customers vehicle back to him)

I didnt receive a letter back, but got a letter from Trace Debt Recovery demanding £160.00 and that it was too late to appeal the original parking ticket- the next step being county court. I called them on the phone but it wasnt much help to be honest, They said that PCM had replied back and rejected my appeal (it wasn't even an appeal) but I didn't get anything in the post and i stated it should be their responsibility to track and ensure I received the "rejection".

Well I didn't pay them and I have now had a finalletter from Gladstones Solicitors requesting payment and a very confusing letter showing how my costs COULD go to £202.25 in the event of Judgment being obtained and they MAY be instructed to issue legal proceedings.

I'm just not sure what to do now, do I ignore this letter and wait for a Letter before Action? If it does go to county court do I have good grounds to win? The vehicle belongs to a customer and the initial letter we received was confusing as it said we had not paid within 28 days and only gave us 14 days for the full amount. They have no idea who the driver is as the letters are addressed to the company secretary and the vehicle is registered to the customer. I never received a letter back from PCM asking for an independent appeal service, it went straight to a debt recovery agent.

Any advice is much appreciated. Thank you for your time.

The_Deep

Gladstones are being investigated by the SRA on several fronts, they "own" the IPC and the IAS, so hardly independent adjudication.

Here is a draft of a letter I wrote to the SRA

https://forums.moneysavingexpert.com/discussion/5509488

If you have any cause to complain about unsolicitory conduct write to Duncan Allen

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

Coupon-mad

AGILL wrote: »

Hello, firstly sorry if my knowledge is a bit basic on these parking issues.

I run a business and received a letter from Parking Control Managment with a PCN with regards to a "parked outside of a marked bay". One of my drivers was returning a customers vehicle back and had to pull over in front of the block of flats to call him to gain access to the gated car park below (she was parked for about 1 minute). The initial PCN was issued to the customer who then passed on our details to PCM, the notice which we received was not a first draft letter and mentioned that we had not paid the PCN within the 28 days and it was now too late to pay any discounted amount which was offered in the original PCN. It then mentions debt collection agents and taking legal action etc.

I then sent a response letter (no mentioning any drivers names) asking for details on landowners etc and asking for an independent ADR service (not the IAS appeal) and to send a letter before claim. I asked for them not to send any debt collectors as it would be a failure to mitigate their costs which are not my responsibility- POFA 2012 and can only hold a registered keeper liable (we were only delivering he customers vehicle back to him)

I didnt receive a letter back, but got a letter from Trace Debt Recovery demanding £160.00 and that it was too late to appeal the original parking ticket- the next step being county court. I called them on the phone but it wasnt much help to be honest, They said that PCM had replied back and rejected my appeal (it wasn't even an appeal) but I didn't get anything in the post and i stated it should be their responsibility to track and ensure I received the "rejection".

Well I didn't pay them and I have now had a finalletter from Gladstones Solicitors requesting payment and a very confusing letter showing how my costs COULD go to £202.25 in the event of Judgment being obtained and they MAY be instructed to issue legal proceedings.

I'm just not sure what to do now, do I ignore this letter and wait for a Letter before Action? If it does go to county court do I have good grounds to win? The vehicle belongs to a customer and the initial letter we received was confusing as it said we had not paid within 28 days and only gave us 14 days for the full amount. They have no idea who the driver is as the letters are addressed to the company secretary and the vehicle is registered to the customer. I never received a letter back from PCM asking for an independent appeal service, it went straight to a debt recovery agent.

Any advice is much appreciated. Thank you for your time.

Treat that as a LBA.

Search the forum for 'Gladstones PCM LBCCC' to find responses already written and to see how to defend this if a claim arrives (might well do, but we've never lost one v Gladstones).