Urgent help! Gladstones letter before claim

TW2011

Thanks for the advice. I would very much like to send off a complaint to the BPA, what do you think we could hope to achieve from that? We would like to avoid court action at all cost and would rather try at winning an appeal, I don't think my wife would turn up to the court hearing. Would it be worth writing to NCP to inform them that the drivers identity has been given to Gladsone's and it is now their duty to send out notices to the driver in the hopes that they will see this fundamental flaw in their case and drop it? I have a sneaking suspicion that Gladstone's probably haven't handed over this information to them. Would there be a timeframe in which the PPC would have to serve a notice to the driver after they have been identified?

Umkomaas

I would very much like to send off a complaint to the BPA, what do you think we could hope to achieve from that?

At worst, getting NCP to reset the clock and follow correct procedure. At best they realise this is a complete FUBAR and drop the whole thing. It is vital you send a copy of the complaint to the DVLA and ask them too to investigate. Stress that this is going to court because of NCP's maladministration.

I don't think my wife would turn up to the court hearing.

If it gets that far she is going to have to, or she will lose with costs (as per the G's Partics of Claim) being awarded against her. But G's drop many cases at the last minute, so she should definitely deal with the process as if she is going to turn up.

Would it be worth writing to NCP to inform them that the drivers identity has been given to Gladsone's and it is now their duty to send out notices to the driver

You have an innocent faith in the transparency and fairness of the parking company. You can try, but it will have much more weight behind it if the BPA and DVLA start shouting.

But none of this is predictable. You are where you are and it needs to be tackled.

To repeat earlier advice I gave:

But this shouldn't hold back processing the court papers. The NEWBIES FAQ sticky. post #2 guides you through the process.

TW2011

Okay I have looked through some great information in the newbie thread, as far as I can work out we should acknowledge the claim form and prepare a defence, the defence being that the PPC should have served notice on the driver and that in not doing so the driver has not had a fair chance to appeal?? I should also write a letter for the BPA and DVLA any particular words and phrases to be included within this letter?

Coupon-mad

The PPC does not have to reissue the PCNs if they were windscreen ones. The driver already had her chance to appeal, if so.

If it was ANPR PCNs through the post then yes, the PPC would have had to have reissued the PCN to the right recipient, so which was it?

However, either way, she can still defend, of course. Just wanting to clarify the above.

TW2011

They were ANPR through the post no windscreen tickets

waamo

NCP are normally rather shy of court and with good reason. In a previous case where they clamped someone they lost to the tune of thousands. They may well drop this like a hot potato at the first sign of trouble.

OP take a read of this http://www.davidmarq.com/bama/Mayhook-V-NCP%20Judgement%20transcript.pdf

TW2011

Thanks for sharing that waamo, that makes for an interesting read and gives me some hope.

waamo

What isn't clear in that is the amount of costs. Whilst Mr Mayhook got circa £2600 the costs were eye watering. Way in excess of the claim. We are talking tens of thousands. All paid by NCP.

Coupon-mad

TW2011 wrote: »

Thanks for sharing that waamo, that makes for an interesting read and gives me some hope.

I would have plenty of hope but it's not your case, so make sure the right Defendant defends, not you. Here's a Gladstones case seen off:

https://forums.moneysavingexpert.com/discussion/5577928

We see several discontinuances, but mostly cases go to a hearing and defendants here win, almost every time.

What isn't clear in that is the amount of costs. Whilst Mr Mayhook got circa £2600 the costs were eye watering. Way in excess of the claim. We are talking tens of thousands. All paid by NCP.

Yes, NCP are court-shy after paying close to £100k I think(!) but no doubt they are trying Gladstones to see what they can 'offer'.

we have received a county court claim.

Read post #2 of the NEWBIES thread. The keeper can certainly say she was never served with any PCN whatsoever and had no chance to appeal, contrary to the BPA Code of Practice.

BTW you will not see it written anywhere, that a driver *has to* be sent a new PCN, but obviously they MUST be given a 'parking charge notice' to be held liable for a 'parking charge', and it follows that they must be allowed a chance to appeal. She can say that the first she heard of this was the claim, pretty much. A letter addressed to the keeper is not a letter addressed to her.

TW2011

Letters to BPA and DVLA written and acknowledgement of service filled in all ready to be posted first thing tomorrow morning. I found some interesting things in the BPA code of practice, particularly 21.9 "if you receive information from the keeper which identifies the driver and the driver is someone else you must serve the parking charge notice on the driver" also following on from that 33.5 "you have an extra 21 days after receiving the information to serve the parking charge notice on the driver" Gladstone's were informed of the driver's identity in January. How can/ should I use this? Is it worth writing to NCP to tell them they've missed the boat?