Gladstones Letter Before Claim

Eni_Spaghetti

Hi All,

I have received a 'Letter Before Claim' from Gladstones and I was hoping for some advice. I have read a lot on the forums, but I have just confused myself.

Some history:

A person parked on private land, and overstayed their complimentary parking by a few minutes. They received a parking charge in the post (in their name, but wrong title). The person appealed.

The parking company responded by rejecting the appeal, but the letter and response was addressed to me (my name but wrong title). I am not the registered keeper nor the registered owner nor did the driver give them my details. So I ignored it. I still don’t know how they got my details, or why they addressed the appeal response to me.

Following a letter from a debt recovery company (also addressed to me, which I ignored), I have now received a ‘Letter Before Claim’ from Gladstone Solicitors saying I have 14 days to pay up or respond.

Should I respond, or should I wait till court papers arrive? And am I mistaken for not responding to them sooner given the mix up on their part?

If it goes to court, will the fact that I never received a parking charge notice in my name make a difference?

Your advice is appreciated.

Redx

if it is a REAL lbc from GLADS , and not a DRP letter in disguise, then respond with a rebuttal letter (not that GLADS will read it or action it)

prepare for a court claim MCOL in the next few weeks , regardless of what you write

and as this is CIVIL court, its a one off deal and no previous will be taken into account , certainly not like in speeding prosecutions etc

its a simple dispute over an unpaid invoice , nothing more

its not a murder trial , think of it as like Judge Rinder without all the theatrics , dont give it more weight than what it is

Eni_Spaghetti

Thanks Redx. Since it is going to a claims court anyway, is there any point of me responding? Or will responding help my case in court?

Also, if it is better for me to respond, should I mention everything or should I withhold some information?

Thanks again

Quentin

You should never give away who was driving.


Edit your OP to remove details of the driver

Eni_Spaghetti

Thanks Quentin....post updated.

hoohoo

I would respond to both gladstones and the parking company.

Dear Gladstones/Parking company,

Re charge xxx

I am not the driver, owner or keeper of the vehicle. I am unsure how this mix up on your part occurred. However, now that I have provided you with this information under the data protection act you are obliged to update your records accordingly. It is an offense under the act if you do not do this.

Please confirm you have done this within 14 days.


This puts you in a good position for a DPA counterclaim if they are stupid enough to file a claim.

Eni_Spaghetti

Thanks hoohoo.

Is it still possible for them to go back and fine the driver, or is it too late for them to do that?

Quentin

1) It's not a "fine" but an "invoice"


2) Creditors have 6 years to take legal action over a debt


Never reveal who was driving!

beamerguy

Eni_Spaghetti wrote: »

Thanks hoohoo.

Is it still possible for them to go back and fine the driver, or is it too late for them to do that?

Send the letter hoohoo suggests

There is no fine involved, it's an invoice, don't get confused.

If they don't know who the driver is, there is nothing they can do.

Gladstones are a highly incompetent firm of solicitors, right now
they lose in court because of their incompetence.

As said, if they ignore you and issue court proceedings, who will they name on the court papers and yes, they could open themselves up for a data breach which could be £250 to £750

Eni_Spaghetti

Thanks All. The letter has been printed and will be posted first class today.

Will keep you updated as things progress.

Redx

Eni_Spaghetti wrote: »

Thanks Redx. Since it is going to a claims court anyway, is there any point of me responding? Or will responding help my case in court?

Also, if it is better for me to respond, should I mention everything or should I withhold some information?

Thanks again

lets put put this way

you dont want a cranky judge asking why you ignored the LBC and did not reply to the LBC , in other words you wont want GLADS saying they followed the pre-court protocol and you failed to do so

you want to show a court you tried everything possible and that you denied the alleged debt IN WRITING , like sending the hoohoo letter above

the last thing you want is to be sidetracked and hoodwinked in court due to not sending a debt denied letter with a 60p stamp on it

and NEVER give out information that can be used by a claimant