Gladstone ‘Letter Before Claim’

The_Deep

He said original amount is 280 and they'd settle on 170,

I smell abuse of process, have you read this?

https://forums.moneysavingexpert.com/discussion/6014081

Have you complained to your MP?

Nine times out of ten these tickets are scams, and this aone appears especially so.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

noobie247

I will certainly bring this up in the hearing itself. Surprised I haven't had another call yet.

I guess they'll also try speaking to me before we go into the court room? Especially since I have put together a schedule of costs that they have seen, inclusive of set aside costs, litigant in person costs etc etc

nosferatu1001

Yes they will likely try to speak. Yo udont have to of course

Youve filed the costs with court as well?

FOr the LIP costs have you proven unreasonable behaviour to "unlock" these costs under CPR27.14(2)(g):?

noobie247

nosferatu1001 wrote: »

Yes they will likely try to speak. Yo udont have to of course

Youve filed the costs with court as well?

FOr the LIP costs have you proven unreasonable behaviour to "unlock" these costs under CPR27.14(2)(g):?

I will refuse to speak, I don't want to settle it out of court. I want to make sure they get what is coming to them.

The costs were filed and sent to the court as well as G'stones back in December.

I did quote CPR27 with regards to acting unreasonably, and also mentioned Paragraph 16 of the Practice Direction with regards to a party not complying with their pre-actio obligations.

Both of the above mentioned in the schedule of costs sent to G'stones and the Court

KeithP

But have you proven unreasonable behaviour?

In other words, have you listed all the examples of their unreasonable behaviour, or just simply stated that they have been unreasonable?

noobie247

KeithP wrote: »

But have you proven unreasonable behaviour?

In other words, have you listed all the examples of their unreasonable behaviour, or just simply stated that they have been unreasonable?

Ah sorry, mis-read the original post.

Yes I have listed a few different areas where they have been unreasonable, including ignoring my requests for documentation, ignoring the new address stated (yet they replied to previously) etc

noobie247

Morning all,

Another update on this case, as previously mentioned the hearing for this case is this Friday (6th September) and I have just received an email from G'stones.

It states the following:

- Without Prejudice Save as to Costs
- Our Client has instructed us to contact you in relation to the above matter.
- Our Client has agreed to cease proceedings with both parties walking away from the Claim and bearing their own costs.
- This decision has been made for purely commercial reasons, in an attempt to save time and costs for both parties.
- Please confirm if you wish to agree to the above by contacting by no later than 12 noon on Wednesday 4th September 2019 to XXXX@gladstonessolicitors.co.uk and the relevant documentation will be served upon you and filed with the Court.

Now, I have obviously outlaid the set aside fee so accepting this offer is not an option, but thought i'd post the update so people can see that they do ultimately realise they will lose in court and aim to settle it before.

noobie247

Would you recommend responding to this email or just not bothering?

Thank you

beamerguy

Send them your invoice for costs so far and once paid in full, you will agree

noobie247

beamerguy wrote: »

Send them your invoice for costs so far and once paid in full, you will agree

They have a copy of my schedule so they know exactly what costs I am pursuing.

To not give them any leverage about being uncooperative I think it will be best to just reply and simply say I seek no settlement prior to the hearing?