LBCCC - Gladstones Solicitors

Chimichanga

Thanks nosferatu1001. I’m happy to do that. Should I re-request all the information that We’re entitled to. Or just a brief letter stating that they haven’t given anything that was requested are being unreasonable and that any action will be vigorously defended?

nosferatu1001

Be explicit on the info you require, and that this is your second request for it.

Chimichanga

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

12th April 2018

Your Ref: xxxx

Dear Sirs,

I received your letter today dated 5th April, Thank you.

Unfortunately your original Letter Before Claim did not meet PAP for Debt Claims as you stated. I see that you have now, however, included the forms from Annex 1 and 2 of the PAP for Debt Claims in this letter.

You have still not provided any of the details and information which was requested in my response letter to your original Letter Before Claim (copy enclosed). This is information to which I am clearly entitled. Your letter lacks specificity and breaches the requirements of the Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. 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. Please treat this letter as another formal request for all of the documents / information that the protocol now requires your client to provide. Please also supply the following, this is now my second request (as per the original request):

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.
10. All photographic evidence showing where the car was parked when the (alleged) breach was made.
11. Images of the time displayed on the P&D machine at the material time.
12. Evidence that the time on the machine was correctly synchronised with GMT.
13. Details of the amount that was paid and the length of overstay (as these details were not in the Notice To Keeper) and so does not meet the POFA 2012 on this basis.

In addition to the above I would like to request any other documents your client will be relying on in Court.

I am clearly entitled to this information under the PAP paragraph 5.2 and you have so far failed to supply anything requested.
You also quote the case Elliott v Loake 1983 in the FAQ section of your letter and state that you !!!8216;will invite the court to conclude!!!8217; that the registered keeper was the driver at the time of the (alleged) breach. Unfortunately this case law does not support your view. This is an incorrect representation of the case for the following reasons:
The facts of the case are that the appeal judge ruled that the appellant was the driver because of the ample evidence that he was the driver, and not because of the lack of evidence as to who the driver actually was.
In the case there was ample evidence that justified the magistrates to conclude that this man was driving his blue sports car on the night when it collided with the stationary car.
Additionally, a crucial part of the case was that forensic evidence showed that the appellant lied. Other material facts were that the driver had the only keys in his possession that night and that no-one else had permission to drive the car.
This case does not therefore introduce any binding legal principal as this case turned on its own facts. If any principle can be adduced, it is the well known principle that once a witness has been proven to have lied in one respect, it is likely that their evidence elsewhere is also false.
You are causing a great deal of stress and inconvenience and are intentionally wasting more of my valuable time pursuing a claim which has no merit and indeed claiming monies which you are clearly not entitled to by using the threat of court action. Many hours have been spent researching legislation, constructing letters and driving to post said letters, not to mention the costs incurred in doing all of the above and more. The stress you are inflicting is causing a great deal of disruption to our family and is having a detrimental effect on my working life.
Since you have thus far failed to comply with the Practice Direction I am left with no alternative than to make a referral to the Solicitors Regulation Authority for breach of the Principles contained in the SRA Handbook. This is a further cost on my time.

Again, I would urge you to respond in accordance with the Practice Direction - PAP for Debt Claims. This is my second request. Your failure to so makes it entirely impossible for me to comply with my own obligations. This makes a mockery of the obligation or indeed opportunity to !!!8216;take stock!!!8217; of each other!!!8217;s positions!

I await your prompt reply.

Yours faithfully,

Have I missed anything out?
Also they have included a form which they want completing and returning in response to their latest LBC. Does that form need completing and sending back with the above letter?

Thanks

The_Deep

You might also mention that a Member of parliament has also complained to the SRA about their failure to issue compliant claims,

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

a fact about which they must be aware, and that if this gets to court you will be asking for unreasonable behaviour costs under CPR27.14(2)(g).

https://forums.moneysavingexpert.com/discussion/comment/74151888#Comment_74151888

Chimichanga

Dear Sirs,

I wish to bring to your attention the now notorious Gladstones Solicitors one of several firms of solicitors whom I believe are acting unethically, and bringing the solicitors’ profession into disrepute.

I believe this firm is in breach of the Principles and Code of Conduct as outlined in the SRA Handbook.

This firm acts for Private Parking Companies, many of whom use threatening tactics unlawful means, and deceit to obtain monies to which they have no entitlement.

There is also widespread concern about the IAS, the adjudication service owned and operated by Gladstones. Their adjudications are unsigned, perverse, and unfair.

There has been a spate of claims recently against registered keepers for events which took place before POFA introduced keeper liability. Elliott v Loake is often quoted. This was a criminal case involving a hit and run, false statements made to the police, and forensic evidence, what has this to do with private car parks?

All of this is well documented on the internet on Money Saving Expert, Pepipoo, Legal Beagles, The No to Mob, The Parking Prankster, Consumer Action Group, and many more.

The PPCs are not acting in the public interest and often in defiance of the will of Parliament. They are causing severe distress to the victims, many of whom are not aware of the legislation that protects them against the unlawful pursuit of such firms as Gladstones. People are paying these ‘ransoms’ out of fear of being prosecuted when in fact if they were aware of all their rights they would be inclined to defend themselves more vehemently! Indeed Gladstone’s are deliberately misleading ‘victims’ to gain unwarranted financial reward.

It is highly unfortunate that the Solicitors profession is being made a mockery of. The likes of Gladstones are pulling the profession into disrepute.

I sincerely hope that the SRA will take this matter seriously and investigate the actions of Gladstones and their like.


Yours faithfully

In case anyone else wants to send a complaint letter in thought I'd share the one i'm sending in.

Chimichanga

Morning folks. Just wondering if anyone could take a quick look at the letter to Gladstone's above please? Also wondering if I need to complete the forms they have sent with their recent letter or should I just send the letter?

Any advice welcome. Thank you!

The_Deep

That is very similar in tone to one I wrote over a year ago. They will investigate and find that these chaps are thoroughly good eggs.

Umkomaas

In addition to the above I would like to request any other documents your client will be relying on in Court.

Far too polite.

'In order to narrow the issues, I require copies of all documents your client will be relying on in Court, as is a Defendant's right under the Pre-Action Protocol for Debt Claims'.

The rest looks ok to me - but I'm not the expert on this stuff. Very few of us are.

Le_Kirk

Your failure to so makes it entirely impossible for me to comply with my own obligations.

Your failure to do so.............

KeithP

No need to use the forms.