LBCCC - Gladstones Solicitors

Chimichanga

Hello helpers!
I just wanted to double check that i'm doing the right thing, I would really appreciate your comments/advice.
I have spent the last week reading everything I can possibly fit in to my brain on this forum about what to do...I'd like to give you a quick background to my situation if I may.
My family and I were away for 6 weeks (28 Nov 2017- 10 Jan 2018) in New Zealand and during that time I received a PCN (£60 early repayment) dated 29th Nov 4 days after the alleged incident (25th Nov) from HX Car Park Management Ltd. Needless to say we didn't see this or the next 'Outstanding Parking Notice' (£100) dated 28 Dec until we returned home on on 10th Jan. I got another letter dated 12th Jan which was a 'Final Demand Notice' (£125). At this point I freaked out completely:eek:, as you do, checked my diary and saw that I was not even the driver since I was work 40 miles away that day. I immediately wrote a letter (dated 19th Jan) telling them that I was not the driver and could provide prof of this if required, gave them a copy of my flight tickets to show we were away and so couldn't respond to their letters and asked them to stop sending me letters of a threatening nature and posted it recorded delivery. Obviously I did not look at this amazing forum first (more fool me). I heard nothing for 2 months and then last week received an LBC from Gladstone Solicitors giving me 30 days to cough up the now £160! I have since looked at everything on here, including the Pre Action Protocol and have whittled down what I think I need to do now which is draft a letter similar to the one that I have seen here (sorry won't let me post a link as a newbie) by Loadsofchildren123. Is this the right thing to do? And may I post a copy of my drafted letter on here for you guys to check it's ok if you wouldn't mind that is?

My brain is swimming with everything I have read and I can't decide what the next best course of action should be. Your help is greatly appreciated.
Thanks!

The_Deep

Google "you've been Gladstoned" on The Parking Prankster.

This is an entirely unregulated industry which is scamming the public with inflated claims for alleged breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They nearly always lose, and have been reported to the regulatory authority by an M.P.

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.

Fruitcake

By all means post what you need to here for checking by the more court savvy.
LoC is very good at this so you can rely on her information.

I am no court expert myself, but there is a guide to court in the NEWBIES by bargepole, and response letters to LBCs.

First is to acknowledge the claim and state you will be defending. Nothing goes in the defence box, not even a full stop.

nosferatu1001

Fruitcake - i dont think there is a claim, yet.

This lBC from "GS", is it actually from them? Who does it say to pay - GS or DRP?

Chimichanga

Hi,

It doesn't actually specify who I should pay, merely tells me to pay the £160 or reply within 30 days of receipt of the letter (Letter Before Claim)

I read on an older post (Daisy) that they can actually start legal proceedings after 14 of sending the letter?! Am now in blind panic!:eek: AGAIN!

Chimichanga

I have taken out parts which are not relevant and here is the draft letter prepared (using Loadsofchildren123's example) to send:

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

16th March 2018

Your Ref: XXXXXXX

Dear Sirs,

I am in receipt of your Letter Before Claim of 6th March 2018.

Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon nor does it contain any mention of what evidence your client intends to rely on.

This action on the part of your client is a clear breach of its pre-action obligations set out in the Practice Direction - Pre-Action Conduct, with which as solicitors you must surely be familiar (and with which your client, a serial litigator of small claims, must also be familiar). As you (and your client) must know, the Practice Direction binds 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.

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

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 car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed)
5. a copy of the contract with the landowner under which they assert authority to bring the claim
6. a copy of any alleged contract with the driver
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. If they have added anything on to the original charge, what that represents and how it has been calculated.

I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

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) !!!8211; 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. I will draw to the courts attention to the fact that I have expressly requested this information.

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.

Yours faithfully.
XXXXX

nosferatu1001

The new PAP requires a minimum of THIRTY DAYS. Thats why you dont read old posts!

Thats odd. It needs to say somewhere how you would resolve this.....

Chimichanga

Hmm thanks, saw the date after I posted.

Sorry my mistake....on the reverse of the letter it gives payment options, either online at Gladstones website, over the phone to Gladstones Payment Line, via cheque to Gladstones Solicitors or via bank to their 'clients' designated account.

Also asks me to reply 'pursuant to Para 4 of the Pre-Action Protocol for Debt Claims.....tells me where to find a 'version' of the info sheet and reply form on their website.

nosferatu1001

Yes, ut theyre required to provide those in paper form, hence the long form LBA response posted.

Coupon-mad

OK so reply like you see on all the other Gladstone LBCCC threads. Expect to win in court in the end.

Chimichanga

Thanks CM. That’s what I’ve tried to do using the letter I posted, I just wanted to ensure I was on the right lines in using the letter by loadsofchildren123