Leaseheld space & Double ticket

BarraDisciple

By the way, I just checked pretty much everywhere. There is no trace of email address I can use to contact them. Only post.

How surprising!

Umkomaas

BarraDisciple wrote: »

By the way, I just checked pretty much everywhere. There is no trace of email address I can use to contact them. Only post.

How surprising!

Contact who?

BarraDisciple

Umkomaas wrote: »

Contact who?

Gladstones

Umkomaas

BarraDisciple wrote: »

Gladstones

Here you go.

GLADSTONES EMAIL ADDRESSES (so others who use the forum search in their quest will find these key words)

http://forums.moneysavingexpert.com/showpost.php?p=73894406&postcount=61

Coupon-mad

BarraDisciple wrote: »

By the way, I just checked pretty much everywhere.

...except searching this forum for 'Gladstones email address'.

KeithP

BarraDisciple wrote: »

By the way, I just checked pretty much everywhere. There is no trace of email address I can use to contact them. Only post.

How surprising!

Searched everywhere?

I stuck Gladstones email into the forum search facility and within two minutes had found this post:

forums.moneysavingexpert.com/showpost.php?p=73894406&postcount=61

BarraDisciple

Umkomaas wrote: »

Here you go.

GLADSTONES EMAIL ADDRESSES (so others who use the forum search in their quest will find these key words)

http://forums.moneysavingexpert.com/showpost.php?p=73894406&postcount=61

Hero. Do you see any issues with writing to them with an email that contains my name and surname?

Coupon-mad wrote: »

...except searching this forum for 'Gladstones email address'.

Very true, I rely on google too much, will do next time. Thanks

Umkomaas

Do you see any issues with writing to them with an email that contains my name and surname?

Why would you want to conceal it?

Give them any excuse to ignore it and they will do. Where does that leave you?

BarraDisciple

Hello guys, quick update on this:

I received a text message from Gladstones (how the hell do they have my number???) saying that I haven't responded to their Pre-Action Letter and they gave me a link to pay them along with a ref quote number.

I'm guessing the letter I posted at the top of this page was from Gladstones after all? I haven't responded to them assuming it was from the debt recovery company.

What strikes me though is that a few months have passed since I received that letter, if that was a real LBC letter, wouldn't they have sent a follow up shortly after?

[Deleted User]

I would suggest that you write to Gladstones. Your letter will be a combined formal response to the so-called letter of claim and a letter of complaint.


If you have not read the Protocol from beginning to end, do so. You can google it and click on the justice.gov.uk entry to access it. Section 3 INITIAL INFORMATION TO BE PROVIDED BY THE CREDITOR lists what the letter of claim should contain. You need to identify the information and documents which they should have already sent to you.


You could try something along the lines of the draft letter below. Please do check it for typos and try to get your head around its contants.


You may already know that, when sending letters to parking companies and their solicitors, you should use first-class mail, hand over the envelope at a Post Office counter, and request a free certificate of posting.

Dear <salutation>,


Thank you for your text today stating that I have not replied to your letter before claim.


The reason for not replying is that I have not received a letter of claim from you or, at least, not a letter of claim which comes close to complying with the Pre-Action Protocol for Debt Claims.


This letter is serves two purposes: it is a formal response to a letter of claim (even though I would stress that I have not received such a letter from you); and it is a complaint about your behaviour by failing to provide a letter of claim which complies with the Pre-Action Protocol for Debt Claims.


Firstly, therefore, I request that you send me by return the Information and documents that should have been provided (but which you have failed to provide) in a letter of claim which does comply with the Pre-Action Protocol for Debt Claims. I leave you to refer to the Protocol for details of the information and documents which you should have provided.


I shall also be grateful if you will explain why you have failed to provide those documents and that information before now.


I shall also be grateful if you will explain why you failed to send me “a copy of the Information Sheet and the Reply Form at Annex 1 to this Protocol” as required in paragraph 3.1(c).


If you had supplied the requisite reply form, I would have ticked Box D and I would have stated that I still dispute the debt because, despite my previous representations, I have not received an adequate explanation as to why your client believes it has a right to any parking charge from me. In addition, I would have ticked Box I and would have stated that I need more documents or information in order to assess the validity or otherwise of your client’s claim.


The Pre-Action Protocol for Debt Claims does, of course, provide this further opportunity to narrow the issues between your client and myself following the issue of the letter of claim. Accordingly, I take that opportunity by requesting now the documents and information described below:-

1. evidence of ownership of the land;

2. the parking contract between your client and the owner or occupier of the land purporting to grant the right to your client to charge for parking on the land;

3. if the land is owned and/or occupied by a company and the parking contract has not been signed by a director of the company (readily identifiable as such by reference to the company’s records at Companies House), corroborative evidence from a director of the company (who is readily identifiable as such by reference to the company’s records at Companies House) that the signatory has been authorised to enter into the parking contract on behalf of the owner or occupier of the land;

4. if the land is owned and/or occupied by a company, corroborative evidence from a director of the company (who is readily identifiable as such by reference to the company’s records at Companies House) that the site plan is a true and accurate representation of the land which your client purports is the subject of the parking contract;

5. the accredited trade association’s code of practice to which your client claims to adhere;

6. a copy of the site plan provided by your client to its accredited trade association;

7. a copy of the written contract for the alleged debt;

8. notes giving details of the due diligence process undertaken by your client to ensure that not only the contract between your client and its principal but also the purported contract between your client and the driver met the “Implied term about care and skill” requirement contained in the Supply of Goods and Services Act 1982;

9. if you have applied due diligence, you will know that my parking on the land is governed by a lease which is of paramount importance and has primacy over any contract made by any of its parties with a stranger (such as your client) to the lease;

10. if your client believes that my lease contains express provision to allow your client to operate a parking scheme on the land, a note of the specific clauses in the lease applicable to this situation;

11. if your client believes that any rules or regulations have been made in accordance with my lease’s provisions to allow your clientto operate a parking scheme on the allocated parking space:-

a. a copy of those rules or regulations duly signed, etc. by the person(s) who made them; and

b. a note of the specific clause(s) in the lease in accordance with which those rules or regulations were made;

12. as my lease granted a right to park on the land to me as the lessee, a copy of the instrument which either transferred those rights from me to the your client or transferred a share of those rights from me to the your client;

13. if your client believes that my lease’s terms permit third parties, e.g. your client, to enforce the lease’s terms in accordance with the Contracts (Rights of Third Parties) Act 1999, a note of the specific clause(s) in the lease applicable to this situation;

14. if your client does not believe that my lease’s terms permit third parties, e.g. your client, to enforce the lease’s terms in accordance with the Contracts (Rights of Third Parties) Act 1999, a note explaining how your client has concluded that the it has acquired such a right;

15. if the your client’s parking scheme has not been introduced in accordance with my lease’s provisions, a note explaining how your client has concluded that its parking contract with the owner or occupier of the land and the your client’s alleged parking contract(s) with driver(s) parking on the land have acquired primacy of contract over my lease;

16. a note giving the Company’s explanation as to how the current ticketing and charging regime accords with the legal principle of non-derogation from grant implied in all leases;

17. a note giving the Company’s explanation as to how the current parking regime with its exorbitant parking charges and threats of court action against lessees using their own allocated parking spaces accords with the legal principle of quiet enjoyment implied in all leases;

18. a transcript of any previous judgement or judgments in any case or cases involving the same land and your client;

19. any other information and documents on which the Company would rely in court in support of its belief that the current parking regime is valid.

As you are no doubt aware, paragraph 5 of the Protocol reads as follows:-

5 DISCLOSURE OF DOCUMENTS

5.1 Early disclosure of documents and relevant information can help to clarify or resolve any issues in dispute. Where any aspect of the debt is disputed (including the amount, interest, charges, time for payment, or the creditor’s compliance with relevant statutes and regulations), the parties should exchange information and disclose documents sufficient to enable them to understand each other’s position.

5.2 If the debtor requests a document or information, the creditor must –

(a) provide the document or information; or

(b) explain why the document or information is unavailable,

within 30 days of receipt of the request.

Naturally, I fully expect your client (or your firm on its behalf) to meet the requirements mentioned paragraph 5.2 above.


I do, therefore. look forward to receiving either the documents and information which I have requested or your explanation why they are unavailable within the deadline set by the Protocol.


Yours…