PCM, Trace & Gladstones

ljmw

..but as your car is leased, I assume they write to the Lease Hire firm and were given your details as hirer/lessee? I hope no-one has written to say who was driving on any occasion (no weak appeal?).

So I've spoken with my lease company and they have confirmed that they wrote a letter to PCM confirming that I am the lessee and that they switched liability to myself at that point. This was on June 23rd which is 37 days after the PCN was issued. However, at no point has there been any mention of who was driving the vehicle.

I have revised my letter below. Feel like I'm gradually getting there, but might still need a few extra bullets...thoughts?


Dear Sirs,

Re – PCN xxxxxx
Gladstones Ref: xxxxxxxx

I strongly advice that the above PCN is cancelled. You have not provided any clear photographs evidencing that the vehicle in question was parked illegitimately or most pertinently who the actual driver of the vehicle was displaying numerous acts of non-compliance with PoFA paragraph 13/14 of Schedule 4. I imagine this is due to the face that the vehicle was in face parked legally in a visitor’s bay which you are reluctant to show evidence of, therefore breaching the Pre-Action Practice Definition.

Breaches of the Pre-action Practice Direction (“the PD”):

Paragraph 6 (c) oblige a Claimant to enter into a meaningful dialogue with a Defendant at an early stage by imposing specific obligations to:
- provide relevant core documents.

The letters received from Gladstones are misleading, non-compliant with the CPR and disclose no cause of action. It is despicable that, with the CPR rules regarding pre-action protocol significantly changing only next week, so-called 'Gladstones solicitors' (aka the controlling minds behind the IPC Trade Body) are continuing with the same vague, vexatious robo-claims with no facts disclosed, no signage photos, nor terms nor evidence of the alleged 'breach of contract' provided.

Having been harassed by both debt collection firm Trace and more recently Gladstones Solicitors, there is no need to continue to try and add even more money to your already bogus claim. The invoice is between you and the driver of the vehicle, as you know I’m the hirer of the vehicle and it’s your duty to mitigate your losses and to not take unreasonable steps which may increase the loss (i.e. instructing a “debt collection agency” to send threatening letters as a scare tactic).

I have no intention of paying the PCN Invoice, therefore there is now no reason for any further communication other than to confirm the cancellation of the PCN.

If after 14 days of the date of this letter (11th October 2017) you have not filed a claim, my data must no longer be processed as it is causing me undue stress and harassment. This must be treated as a Section 10 (1) notice under the Data Protection Act 1998.

You have 21 days (18th October 2017) to confirm that the processing has ceased, starting the day this notice is given.

Yours faithfully,

Lamilad

Firstly, do a thorough check of spelling and grammar. There are several mistakes.

You have not provided any clear photographs evidencing that the vehicle in question was parked illegitimately or most pertinently who the actual driver of the vehicle was displaying numerous acts of non-compliance with PoFA paragraph 13/14 of Schedule 4

Reword:

"You have provided no evidence whatsoever that any contravention has occurred or who was driving at the material time. You have failed to comply with Schedule 4 of the Protection of Freedoms Act 2012, specifically paragraphs 13 and 14. As such liability for any parking charge cannot be transferred from the driver to the hirer"

Lamilad

breaches of the pre-action practice direction (“the pd”):

practice direction – pre-action conduct and protocols

I have no intention of paying the PCN Invoice, therefore there is now no reason for any further communication other than to confirm the cancellation of the PCN.

"I deny liability for any charge and no payment will be made. Any court proceedings will be vigorously defended with costs sought. No further communication will be entered into. Do not contact me again save to confirm the PCN has been cancelled and your compliance with the section 10 notice (below)

Coupon-mad

I strongly advice that the above PCN is cancelled.

'Advice' is a noun.

Better to say:

I require that the above PCN is cancelled.

ljmw

Morning guys and girls.

So I received a response from PCM whilst away last week which says the following:

"Thank you for your correspondence regarding the above PCN.

We are unable to process your appeal as your case is with one of our external debt collection agencies or solicitors. You will now need to contact them regarding your case, all contact details for them can be found on previous correspondence they have sent you."

They then proceed to provide me with the contact details for Debt Recovery Plus UK, Trace Debt Recovery UK Ltd and Gladstones Solicitors, clearly indicating that this is a generic letter they have sent out as they don't even know who they assigned to the case.

What is my move here? Obviously it seems as though I will have to send something to Gladstones now based on PCM's response. Should I send a similarly worded letter just addressed towards Gladstones?

Thanks in advance.

Quentin

Hold off sending anything now and wait and see if you get a lbcca/court correspondence


(As advised back in #2)

beamerguy

ljmw wrote: »

Morning guys and girls.

So I received a response from PCM whilst away last week which says the following:

"Thank you for your correspondence regarding the above PCN.

We are unable to process your appeal as your case is with one of our external debt collection agencies or solicitors. You will now need to contact them regarding your case, all contact details for them can be found on previous correspondence they have sent you."

They then proceed to provide me with the contact details for Debt Recovery Plus UK, Trace Debt Recovery UK Ltd and Gladstones Solicitors, clearly indicating that this is a generic letter they have sent out as they don't even know who they assigned to the case.

What is my move here? Obviously it seems as though I will have to send something to Gladstones now based on PCM's response. Should I send a similarly worded letter just addressed towards Gladstones?

Thanks in advance.

Bunch of idiots, so you can forget about DRP and Trace, both
being rogue traders with no power whatsoever.

If PCM are going to use Gladstones, before anything they
have to contact you and then you deny the so called debt
and request proof.

Gladstones will have to jump through hoops before it
goes the court.

Just wait and ignore DRP and Trace

ljmw

If PCM are going to use Gladstones, before anything they
have to contact you and then you deny the so called debt
and request proof.

Gladstones will have to jump through hoops before it
goes the court.

Just wait and ignore DRP and Trace

Just to be clear, I've already had letters from Gladstones, but I wrote to PCM to get them to cancel the charge, but they have essentially palmed it off as I mention in #26.

Do you still advise that I ignore this? Or should I send a letter to Gladstones now instead?

Quentin

Assuming you haven't got any lbcca from Gladstone then this question was answered in #27