Glastones letter after ignored letter appealing PCN

CatKeeper

Hi all

I'm hoping to get some urgent help after looking through the site and finding some pages that I thought may be helpful but don't quite fit my predicament.

I received a 'Notice to Owner' letter from District Enforcement stating that I had received a fine for parking without a permit. At the time and date in question the car was with car mechanics in the industrial estate the apparent ticket was issued so I wrote a letter to District Enforcement (quoted below) to which I received NO further communication about until a letter from Gladstones appeared on my doorstep.

I am concerned they're trying to pursue this ticket even though the car was with the mechanics and I really need to get this pursuit cancelled as I am clearly not responsible for this ticket.


Notice to owner letter:
hxxps://postimg.org/image/m49dhkw81
hxxps://postimg.org/image/l1z6z1l4h

My response to the letter above:

Dear Sir,

I have received a ‘Parking Charge Notice to Keeper’ on the 4th September 2017.

You state that my vehicle is liable for a Parking Charge for the date of 26th July 2017 @ 11:39am for the reason of ‘No permit’.

It is to be noted that at the date and time stated above the vehicle was in the possession of Cousins Garage, Unit 9, Mowat Industrial Estate, Sandown Road, Watford WD24 7UY, awaiting collection by MS Recovery to be returned to my home address after being at the garage since breaking down on the 18th July 2017.

You also state in the notice that there was ‘A Parking Charge Notice (Notice to Driver)’ ‘affixed to the windscreen’. I can clarify that there was no such notice on the vehicle when it was delivered back to my home address. I have also spoken to MS Recovery and they also state no such ticket was on the windscreen when they collected the vehicle.

Therefore I formally request that you cancel said ‘Parking Charge Notice to Keeper’ that you sent to me of immediate effect.

Kind Regards

Letter from Gladstones:
hxxps://postimg.org/image/x93e06q1t/
hxxps://postimg.org/image/s572ex629

As you can see from the letter from Gladstones I now don't have much time to respond to this letter now and would like some urgent advice on what I have to do next to eradicate this problem from my life as I have recently been diagnosed with a serious health problem and have enough on my plate with that without this problem making my health worse.

Any help would be GREATLY received.

Thanks for reading

Coupon-mad

Write and reiterate that you have already confirmed in writing to DE that on the material date, you were neither the driver nor the keeper of the vehicle ('keeper' being as defined under the POFA Schedule 4):

“keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper;

DE cannot lawfully ''presume'' that the keeper is the registered keeper, because they have already been given the name and address of the person/entity who were keeping (and parked) the car at the time, which for a 'keeper' can be a company and does not have to be an individual name.

Reiterate who the keeper was and enclose proof that the car was with the Garage at that time, because the POFA requires it to be 'proven' to the contrary - that's your burden, so prove it with a letter or documents.

Expect a claim in 2018 anyway, but you are not liable and if you do the above now then your position will be very sound.

beamerguy

CatKeeper wrote: »

Letter from Gladstones:
hxxps://postimg.org/image/x93e06q1t/
hxxps://postimg.org/image/s572ex629

As you can see from the letter from Gladstones I now don't have much time to respond to this letter now and would like some urgent advice on what I have to do next to eradicate this problem from my life as I have recently been diagnosed with a serious health problem and have enough on my plate with that without this problem making my health worse.

Any help would be GREATLY received.

Thanks for reading

Cannot get your links to work using http

Do as coupon-mad says quickly. Keep all copies.

You have enough proof to hang, draw and quarter
Gladstones .... Let the judge do that.
Then there is the matter of costs awarded to you

Have you read up on these incompetent solicitors,
they are so bad that a child would do a better job

http://parking-prankster.blogspot.co.uk/search?q=gladstones

Don't worry, even though you will be talking to
the brain dead you must hope that someone in their
office of jokes will maybe understand that they will
be whooped in court again

Let us know their reply, do not expect much intelligence

KeithP

NtK - front:

http://postimg.org/image/m49dhkw81/

NtK - rear:

http://postimg.org/image/l1z6z1l4h/

LBC - front:

http://postimg.org/image/x93e06q1t/

LBC - rear:

http://postimg.org/image/s572ex629/