Parking Charge, IPC Member, inadequate signage

behindtheeye

I'd welcome any advice on this

Coupon-mad

behindtheeye wrote: »

I've been doing a lot of reading about this. Would you recommend pointing out that their letter does not comply with the Practice Direction for Pre-Action Conduct (as per zzzLazyDaisy's excellent but slightly old post) or should I go into more details about this specific case?

Yes but not talking about Annex A which is the old Pre-Action protocol.

You would be better off simply searching the forum for 'Gladstones LBCCC' or 'Gladstones practice direction yours faithfully' or something like that which finds recent results, not old examples.

People write replies to these LBCCCs every single week on here so your search results would be up to date. Search this forum board (NOT the MSE box top right!) and choose advanced search, 'show posts'.

behindtheeye

Today, a whole two and a half months after my response to Gallstones' LBC, they have replied to my letter (which denied any debt and stated that their letter wasn't compliant with the Practice Direction).

It states says that their letter complies with the Practice Direction (of course it does) and that they have enclosed photographic evidence of the parking incident. "By parking on the land in a 'no parking' area, you accepted our client's charge. Further evidence will be provided in our client witness statement should the matter proceed to a hearing."

Then the usual threat of if payment isn't made in the next 14 days further legal action will be taken.

They have enclosed 3 photos of the car for which I am registered keeper which show nothing other than someone stuck a yellow sticker on the car, no photos of any signage.

Any thoughts on what angle I should go for on the reply now?

Something I think may be relevant now or if this goes to court is that since the parking incident there has been an fourfold increase in signage at this location (i.e. there used to be one sign, now there are four). I can share photos of this if necessary.

Thanks.

behindtheeye

Here are before and after photos.

Before

After

I say once again, there are no double yellow lines (or any lines) where the cars are parked in the distance.

safarmuk

It states says that their letter complies with the Practice Direction (of course it does) and that they have enclosed photographic evidence of the parking incident. "By parking on the land in a 'no parking' area, you accepted our client's charge. Further evidence will be provided in our client witness statement should the matter proceed to a hearing."

"Should" ... that doesn't sound like a Letter Before Claim and certainly not a letter post a Letter Before Claim. Are you sure you really got a LBC or just DRP using Gladstones letter head?

behindtheeye

The LBC I received in Feb was headed "Letter Before Claim" and is from Gladstones only, no mention of any other company.

behindtheeye

I'd be most grateful for any assistance on this

safarmuk

Well, you received a LBC, you replied and rebutted and Glads are still using the word "should" ... I mean you could write another letter back denying all debt etc. or sit back and wait to see if they pull the trigger and issue an MCOL (Money Claim On Line) which means you are likely going to have a day in the Small Claims Court (local to you) and you need to prepare.

Anyone else have any other thoughts?

I am still suspicious this was a serious LBC - was the LBC and subsequent telling you to pay was it definitely Gladstones? Check carefully.

behindtheeye

Thanks for the reply. The LBC and subsequent letter both say to pay Gladstones at their gslcollections.com website.

Umkomaas

Other than responding robustly denying any debt (and importantly avoiding any identification of the driver), you have to wait to see what their next move is. Perfectly winnable, in due course, but for now it's time for a degree of patience.

If you feel this will inevitably result in a court case, I'd write back requiring them to issue proceedings within 14/21 days, or you will consider the matter closed. While this won't necessarily close the case, should they delay proceedings for (say) another 6/12 months, the judge may ask some serious questions of them as to why they have delayed.

I believe in facing up to bullies, call their bluff, smack them on the nose, then just see how brave they really are. It works in some instances, but not always guaranteed. You won't be any worse off for trying, but you will perhaps feel you are calling some of the shots.