UKPE/ Gladstones taking legal action against me. Help!

Ohlavache

Hello,

We moved house last summer and in January this year I came across the new owners who had forgotten to forward us our mail... I find a LBC dated 10th of January 2017 for £150 but with the wrong Vehicle Reg. Also (I assume) the original PCN of £100 with "Date of sending" 18-08-2016 for "unauthorized parking; parking/ remaining without permit" that took place on the 01-08-2016. On this one they did have the right registration.

I tried, in vain, to call the UKPE, so then called Gladstones to find out what to do as I wanted to appeal against this parking charge. (My friend stopped to take a phone call, pulled in to this empty car park at 7pm in the evening and didn't see a sign. He remained in the car the whole time). I asked Gladstones to send me photo evidence of the sign - and 2 1/2 months later they sent me a picture of my car and threaten with legal action... (they don't specify what). If I can work out how to upload the picture I will

(How) can I appeal? Any advice would be greatly appreciated. Many thanks.

Below is my email correspondence:

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12th of April 2017
MRS X
Further to your email, please see attached the photographic evidence of the parking incident.
Payment remains outstanding in the sum of £160. In the event payment is not made within 14 days further legal action will be taken.
Regards
xxx

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7th of February 2017
Dear GladXXX Solicitors,
I still have not had a reply to my mail (below) and I called and spoke to somebody last week who promised to send me a picture of the parking signs at 3000 Aviator way.
I would really appreciate an answer to my mail below and where we are with this situation? It is leaving me worried and anxious.
Many thanks,
MRS X

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27th of January 2017
Dear GladXXXX Solicitors,
Your reference: XXXXXXX
I am writing to you in response to a "letter before claim" dated 10th of January 2017.
It seems like your client, UK Parking Enforcement, has fined my friend whilst he was stopped (in my car) to take an urgent, personal call on Aviator way in Manchester on the 1st of August 2016.
To our knowledge, we have never received the original fine; it certainly was not given to him at the time as he never left the car and would have moved on if anybody told him he couldn’t stop there.
It may be that you posted it to XXXXXXXX, but we moved house in June 2016 (and the new owners have only just given us the letter from yourselves today). Unfortunately nothing else was forwarded to us, otherwise I would have responded straight away. I am sorry for this delay but I was completely unaware of this issue until today.
I believe this parking charge of £100 was unfairly issued. My friend pulled off the main road and only stopped (with the engine running) for 10 minutes to take an important phone call. He did not see any signs or indications saying that he was not allowed to stop there and at no time did he leave the vehicle but stayed in it during the whole time whilst talking on the phone. As soon as he had finished the call he drove off.
It seems disproportionate and not commercially viable to charge £100 to stop in an empty car park for 10 minutes at 7pm in the evening when the offices all around were closed and the place was empty.
Furthermore, I have tried to contact UK Parking Enforcement on the number provided (0845 591 3109) but it is impossible to get through, it rings and then cuts off…. Also your letter states that the Vehicle reg is XXXXXXX but please note that this is not my car.
Please could you ask your clients to withdraw this fine and could you also please confirm that you have received this mail?
Yours sincerely
MRS X

Redx

you cannot upload files here, it is not a hosting site

you cannot appeal this charge, the time windows for any and all appeals have expired

I suggest you use the forum search box and read the other similar GLADSTONES cases and formulate an LBC reply and send it (so not an appeal but a rebuttal)

chances are an MCOL will arrive next from Northampton, so I suggest you read GLADSTONES court case threads on here and do more prep work

they send out a lot of these roboclaims for their "clients" so yours is no different and they wont be interested in hearing "your side" anyway

but you should still go through the "motions" but do not think that "phoning" them up will help, it doesnt help and can cause entrapment. I have never heard of these matters being resolcved with a phone call, so no idea why you even think a phone call will resolve it , it wont , never has , never will , so NEVER phone a PPC , or a debt collector , or Gladstones either , its not even evidence , a PAPER trail is what is required here , so writings only , as evidence if or more likely when it goes to court

also, the fact that the driver was "in the car the whole time" is not relevant either , stopped , parked , trepassing , whatever it was , they didnt have the land owners permission , which they wouldnt if they had "stopped" on my private driveway either

Ian011

Should the response simply have been....

You have sent me some paperwork regarding registration number XYZXYZ but I have no connection with, or knowledge of, this vehicle or its owner.

If they then sent out a new letter with the correct registration, it would have to have a current date.

Ohlavache

Thank you! It makes sense.... the LBC has actually got the wrong Reg no.

Could I also (in some type of defence) claim that the PCN was not within the 14 days? (Their PCN says the offence took place on the 1/8 and the PCN date of sending says 18/8) or am I grasping at straws?

I've been reading and re-reading threads and this is a reply that I have copied from Daisy from 2013... (Newbies page) Unfortunately the link is no longer valid (2013) as she quoted some paragraphs that sounded really good, here I've took them off as I wasn't sure it was still valid.

I'd greatly appreciate any input. Half of the time I just want to pay them to make it all go away, half the time it makes me so angry I'd do anything to fight them but I feel slightly lost ...

Here goes:

Dear Sirs

Parking Charge Number XXXXXX

I refer to your e-mail below of 12/04/2017, and earlier correspondence.

Firstly, I have no intention of paying the money demanded by your client, and any court proceedings will be vigorously defended.

Second, should it be your client's intention to start court proceedings, you must provide a Letter Before Claim which complies with the requirements of the Practice Direction on Pre-action Conduct.

Please also note that a failure and/or refusal to comply with the Practice Direction will result in an immediate referral to the Solicitors Regulation Authority for breach of the Principles contained in the SRA Handbook version 18, published on 1st November 2016.

In the meantime, and in the absence of a letter before claim, you should place a note on your file to the effect that this charge is disputed and your firm is required to cease and desist all further contact with me.

I trust that I have made myself clear, and I suggest that you take your client's further instructions.

Yours faithfully

Mrs x