gladstones letter

davev40

ok so been holding off for quite some time now. back in October last year the driver was caught on anpr cameras in an ncp car park for being about 20 minutes over their time. as it was late at night and the show they had gone to watch had over run they didn't want to walk back to their car alone. Going on bad advise and not knowing the changes in the law it got totally ignored. There has been no correspondence from this end and have not spoke called or written to anyone involved. Now after numerous threatening letters they has finally got a letter from Gladstone solicitors. Their client is NCP and they want a payment via gslcollections.
Part of the letter says "As all other attempts have failed our client may now instruct us to take legal action against you in tge county court. To prevent such action we imvite you to pay immediatly.
The question is now what should they do?

Redx

edit the last post to remove who did what

use the words the DRIVER , and the KEEPER , 2 DIFFERENT ENTITIES !!

the KEEPER is the one receiving the letters and so should read post #2 of the NEWBIES FAQ sticky thread and issue a rebuttal (treating this latest letter as an LBC)

this is on the assumtion that the keeper wishes to fight this and preferably not pay it

in future, you should read and follow that NEWBIES FAQ sticky thread for the correct advise on private parking notices

davev40

I would edit it if I could but for some reason it won't let me. unfortunately I didn't come across this site until it was too late. I will take your advise

KeithP

'it' will let you edit your post.

Any restriction is due to either the device you are using or the software on it.

If you were to use a mainstream web browser, and maybe not on a mobile phone, I think you'll be able to overcome that problem.

davev40

ok edited now. you was right Keith it was because I was using my mobile. home now and able to use the laptop

Redx

its "their car alone" , please finish the edit , lol

davev40

sorry missed that one

Redx

add "car" back in , this isnt rocket science

davev40

done. I think lol

Coupon-mad

I suggest you search the forum for NCP Gladstones as this has already been laughed at on other threads this past month. Too much like Groundhog Day on here right now!

davev40

would this be ok to reply with via email


My reference: XXXXXXXXX


With reference to your Letter Before Claim. I note you have not provided me with the full details of the claim you make i.e. the timings of alleged charge. You have produced times and photographic evidence of the car entering and exiting the car park but not how long the car was actually parked in a space, and you do not state the duration of time that was actually paid for, please provide clear details what you are claiming for?
.


Nor does your Letter Before Claim contain any mention of what evidence your client intends to rely on, or enclose copies of such evidence.


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

1. 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)
2. a copy of the contract with the landowner under which they assert authority to bring the claim
3. a copy of any alleged contract with the driver
4. a plan showing where any signs were displayed
5. details of the signs displayed (size of sign, size of font, height at which displayed)
6. A detailed explanation of costs that you have added on to the original charge, what that represents and how it has been calculated.


The alleged debt is disputed and any court proceedings will be vigorously defended.

This Letter Before Claim 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 with. 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 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.


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 etc.