Gladstone ‘Letter Before Claim’

noobie247

Hi,

I received a letter from Gladstone Solicitors. I’ve done the research and know what to send them etc, but my query is with the date/reply period.

The letter was sent to my old address with which the car in question was registered with back in May 2016, my tenant only let me know the letter came on 23rd December, and I received it yesterday. It’s dated 1st December and says I must reply within 30 days as legal proceedings may have been issued.

Can I still send them one of the templates found in the newbie thread if it’s outside of the period? The reference begins with a ‘1’ so it’s genuine..

Thank you

noobie247

Sorry forgot to add, I’m back in work on 2nd January where I can draft a response etc, so latest they’ll receive my letter would be 4th January.

Quentin

Presumably this is a lbcca.

If so make sure you point out your correct address to them and do check daily with your tenant to make sure you don't miss any correspondence from court.

Send your response ASAP

Coupon-mad

Search the forum for Gladstones email.

noobie247

I have drafted the letter as per below:

Gladstones Solicitors
The Terrace
High Leigh Park Golf Club
Warrington
Cheshire
WA16 6AA

2nd January 2018

To whom it may concern,

I am in receipt of your “Letter Before Claim “ on 1st December 2017.

Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon.

Your client must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with.

Your letter lacks specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. Please treat and therefore[/s[ this letter as a formal request for all of the documents/information that the protocol now requires your client to provide.

Your client must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.

As solicitors you must surely be familiar with the requirements of both the Practice Direction applicable pre-1 October and the Protocol which applies thereafter (and your client, as a serial litigator of small claims, should likewise be aware of them). As you (and your client) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is astounding that a firm of Solicitors are sending a consumer a vague and unevidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol.

Nobody, including your client, is immune from the requirements and obligations of the Practice Direction and now the Protocol.

I require your client to comply with its obligations by sending me the following information/documents:

1. an explanation of the cause of action
2. whether they are pursuing me as driver or keeper
3. whether they are relying on the provisions of Schedule 4 of POFA 2012
4. what the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, provide a copy of that contract bearing my signature. Or is the claim for trespass? If so, provide details.
6. a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1
7. a plan showing where any signs were displayed
8. details of the signs displayed (size of sign, size of font, height at which displayed)
9. Details of the additions to the original charge, what that represents and how it has been calculated.


If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) – Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

Please note I have since changed address (new address is above) and have been sent this letter on by the new occupier of the previous property. I have noted that the expiration date for a response is 31st December, but ask that the time for reply is relaxed due to the festive period.

Yours faithfully



Note the underlined section. Is it worth noting this or shall I just date it 2nd January 2018 and send via special delivery?

Thank you

Umkomaas

Note the underlined section. Is it worth noting this or shall I just date it 2nd January 2018 and send via special delivery?

I’d repeat your new address after your (duly amended) underlined paragraph.

Do not send by any form of recorded delivery as the parking industry is known for refusing to accept them. Instead, down to your Post Office and get a free Certificate of Posting from your counter clerk. Then, with that proof in your hand, the law dictates that the letter has been delivered two working days later.

noobie247

Ok thank you.

I will get this sent today and await the response.

The_Deep

Remember, you do not have to dance to their tune, you have set out the requirements of the CPR, it is up to them now to fully comply with them.

noobie247

At least if I highlight their negligence they will know that I am serious and cannot simply be 'fobbed off' like they hope!

Not that I am highlighting anything with my own knowledge but still, it reads well on my part

nosferatu1001

While waiting, read up on the rest of the newbies thread.

noobie247

Morning all,

I received a letter from Gladstone yesterday, to my new address thankfully, and the letter is literally exactly the same as what was sent out previously, only starting with "now we have your new address etc.."

Is it worth just sending the response I previously sent, only without the new address section?

Thanks