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Gladstones "further legal action"
gemzizzle
Posts: 11 Forumite
Hi all,
A few months ago, I used an NCP car park but was about 10 minutes late returning. I didn't realise that it was a camera system, and thought I'd get away with it (stupid, I know). I ignored the letters thinking they'd go away, but eventually got one from Gladstones which said that if I didn't pay £160 then "further action will be taken", not may, so I went on their portal and submitted the following dispute:
"I dispute the debt because: Firstly, any claim above the initial amount is invalid, as your client has been sending all correspondence to my old address, even though my current address has been registered with the DVLA (I can provide a copy of my license if necessary). In any case, I only overstayed in the car park for a matter of minutes. It was a weekday evening, and the car park was not even half full. Your monetary claim is disproportionate, punitive and unjustifiable in total. It may also be an unfair term and therefore in breach of Schedule 2 of the Consumer Contracts Regulations 1999. The contractual breach can have caused no financial loss whatever to your client, but if you believe it has please set out the details clearly in your response. There were, for example, unoccupied places available for others to park so my presence did not prevent the parking of other cars and their making of payments."
and they replied today:
"Thank you for your correspondence, our reply to which is set out below.
Correspondence
You allege not to have had any notice of this incident yet our client informs us that notices were sent. Notwithstanding this you are now aware of the parking charge and haven't paid it. If you have in fact moved addresses please now provide us with a serviceable address.
The Charge
The charge sought is industry standard and is set at a rate so as to suitably satisfy our client's legitimate interest. In the case of ParkingEye v Beavis 2015 it was held that an £85.00 charge was neither extravagant nor unconscionable. The Accredited Trade Associations of which parking operators must be a member in order to apply for DVLA data prescribe a maximum charge of £100 and our client's charges are within this level. The charge is not therefore excessive.
The decision of the Supreme Court also made it clear that the charges are not penal nor do they have to be reflective of the parking operator's loss.
Contract
You infer there was no contract. The rules of interpretation require simply that the parties knew of their obligations to one-another. You were offered use of the Land by way of signage and could either follow the rules and avoid a parking charge or breach the rules and agree to pay the charge set out on the signs."
I'm just looking for some advice really, on what to reply or if I should just pay up? I don't want to be taken to court but £160 is an awful lot of money
does anyone know the amount I'd have to pay if it did get taken to court?
Thank you!
A few months ago, I used an NCP car park but was about 10 minutes late returning. I didn't realise that it was a camera system, and thought I'd get away with it (stupid, I know). I ignored the letters thinking they'd go away, but eventually got one from Gladstones which said that if I didn't pay £160 then "further action will be taken", not may, so I went on their portal and submitted the following dispute:
"I dispute the debt because: Firstly, any claim above the initial amount is invalid, as your client has been sending all correspondence to my old address, even though my current address has been registered with the DVLA (I can provide a copy of my license if necessary). In any case, I only overstayed in the car park for a matter of minutes. It was a weekday evening, and the car park was not even half full. Your monetary claim is disproportionate, punitive and unjustifiable in total. It may also be an unfair term and therefore in breach of Schedule 2 of the Consumer Contracts Regulations 1999. The contractual breach can have caused no financial loss whatever to your client, but if you believe it has please set out the details clearly in your response. There were, for example, unoccupied places available for others to park so my presence did not prevent the parking of other cars and their making of payments."
and they replied today:
"Thank you for your correspondence, our reply to which is set out below.
Correspondence
You allege not to have had any notice of this incident yet our client informs us that notices were sent. Notwithstanding this you are now aware of the parking charge and haven't paid it. If you have in fact moved addresses please now provide us with a serviceable address.
The Charge
The charge sought is industry standard and is set at a rate so as to suitably satisfy our client's legitimate interest. In the case of ParkingEye v Beavis 2015 it was held that an £85.00 charge was neither extravagant nor unconscionable. The Accredited Trade Associations of which parking operators must be a member in order to apply for DVLA data prescribe a maximum charge of £100 and our client's charges are within this level. The charge is not therefore excessive.
The decision of the Supreme Court also made it clear that the charges are not penal nor do they have to be reflective of the parking operator's loss.
Contract
You infer there was no contract. The rules of interpretation require simply that the parties knew of their obligations to one-another. You were offered use of the Land by way of signage and could either follow the rules and avoid a parking charge or breach the rules and agree to pay the charge set out on the signs."
I'm just looking for some advice really, on what to reply or if I should just pay up? I don't want to be taken to court but £160 is an awful lot of money
does anyone know the amount I'd have to pay if it did get taken to court?Thank you!
0
Comments
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The address on your Driving Licence is unimportant in this context.
What matters is the address on your vehicle's V5c (log book).
Is the vehicle registered at the correct address?
Also, what is "Schedule 2 of the Consumer Contracts Regulations 1999"?0 -
you were very , VERY FOOLISH to write back and name the driver
naming the driver means it is likely that they will issue an MCOL for an unpaid invoice
a typical loss in court is about £175 , possibly less depending on the judge, assuming you lost
you might win on grace periods or some other legal technicality
it would have been better if the driver had not been named as they would have had to comply with a law called POFA2012 if taking the keeper to court
blabbing costs money
and as mentioned above, the Driving Licence has no input on these issues , only the V5C log book0 -
Luckily, it's only NCP and you appear to have replied to a debt collector letter (not a real solicitor's letter at all).
Hopefully you have seen the NEWBIES thread and know to do a Google search of BMPA Insight and the name/acronym of the parking firm, to see they NEVER sue.
You should not have responded and certainly not giving away the driver AND admitting overstaying!
Just to add again - LUCKILY IT'S ONLY NCP.
NO-ONE IS TELLING YOU TO PAY!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
The address on your Driving Licence is unimportant in this context.
What matters is the address on your vehicle's V5c (log book).
Is the vehicle registered at the correct address?
Also, what is "Schedule 2 of the Consumer Contracts Regulations 1999"?
I saw the Schedule 2 thing on a template appeal letter online, I'm not sure what it is :embarasse
Would the log book address just be written in the paperwork somewhere or can I access it online?
I'm a student and the "old" address I referred to is my parents' address not my term time address, so I thought I could get away with that as I can prove I've moved here, but I might still have the car registered there, I didn't realise that was how it worked. I assumed because the letter I got from Gladstones came to my uni address that I could pretend I had no access to previous letters. I'm finding it all a bit of a minefield to be honest and am not sure what I'm doing.0 -
you were very , VERY FOOLISH to write back and name the driver
naming the driver means it is likely that they will issue an MCOL for an unpaid invoice
a typical loss in court is about £175 , possibly less depending on the judge, assuming you lost
you might win on grace periods or some other legal technicality
it would have been better if the driver had not been named as they would have had to comply with a law called POFA2012 if taking the keeper to court
blabbing costs money
and as mentioned above, the Driving Licence has no input on these issues , only the V5C log book
So if it went to court I would only lose a few pound more than if I paid up now?
I realise naming the driver was foolish, I just got scared because the letter said "further legal action will be taken", when previously it had just said "may be taken", so thought I'd better submit my case.0 -
Luckily, it's only NCP! Start ignoring them.
I told you how to Google search & see that NCP do NOT do court!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Coupon-mad wrote: »Luckily, it's only NCP and you appear to have replied to a debt collector letter (not a real solicitor's letter at all).
Hopefully you have seen the NEWBIES thread and know to do a Google search of BMPA Insight and the name/acronym of the parking firm, to see they NEVER sue.
You should not have responded and certainly not giving away the driver AND admitting overstaying!
Just to add again - LUCKILY IT'S ONLY NCP.
NO-ONE IS TELLING YOU TO PAY!
Oh my goodness, I just looked on BMPA! That's crazy! Thank you I feel so much better now
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