Court Claim received from Gladstone on behalf of PACE Recovery

Enrique123

Hello Coupon-Mad,

I've done some digging and with the help of my council have ascertained some answers to your questions.

"But only if the PPC is contracted by the Council...must be, if they have PCN figures."
- Unfortunately, the PPC is not contracted by Lewisham Council but rather Lewisham Homes. who are a not-for-profit organisation set up to manage social Housing on behalf of the Council (Note the property owned by my brother is ex-council, purchased 15 years ago). My councillor did mention that Lewisham is not the council and he has less influence on what he can do with them.

"How does a Council Dept know how many private PCNs were issued unless it's council land, where Councils (and their agents) are NOT ALLOWED to operate as if it's a private contractual charge."
- In relation to how the information was extracted, when I first reached out to my councillor, he emailed Lewisham Homes directly and requested this information. Lewisham Homes then reached out to Ace, who provided the statistics, of which the councillor forwarded me a copy.

"So is the overall site freeholder the Council?"
- Not sure if the site is council land or owned by Lewisham Homes, however as mentioned earlier the entity managing Social housing on behalf of Lewisham council. My guess is that it is still Lewisham Council property.


So I am not sure if i am able to take the routethat you have explained - but perhaps you will be able to advise? I will of course clarify with the councillor the last point at the next available surgery.

Coupon-mad

I'd say the PCN victim SHOULD make the complaint and once fobbed off, take it to the LGO, citing the Kent complaint very clearly.

I've always said that in my view an ALMO still means it's under Council control because an ALMO is an arm operating on behalf of a Council (and Lewisham Homes are an ALMO):

https://en.wikipedia.org/wiki/Arms-length_management_organisation

Your brothers must start with a complaint to the Council about the fact their scam parking firm are trying to tell registered keepers that they are liable for 'parking charges' when the land is not relevant land, showing them the Kent case. And stating that whilst Lewisham Homes is an ALMO, they still act at all times 'on behalf of' the Council, and they are acting unlawfully as an agent by using another agent to run parking as if it was private land (which it is not).

IMHO there is nothing to lose. What's the worst that can happen?

Obviously the Council will fob the complaint off but it costs nothing to then refer to an Ombudsman. At least we will all know in the end whether the LGO feels that an ALMO makes no difference to their opinion in the Kent complaint case.

The best that can happen is a positive LGO decision which will help lots of people and could be publicised in your local paper to encourage people to claim their paid PCNs back from the Council if they are found to have acted unlawfully.

And the icing on the cake would be if the PPC is kicked out, and enforcement stopped, ad it was in the Kent parks case. Sweet revenge!

Google for the Council's official complaints procedure and start there. I've taken a company to an Ombudsman before and got a positive outcome and compensation, and its free, but you have to exhaust the internal complaints procedure first.

Enrique123

Hi Coupon-Mad,

Thanks for the above. I caught up with the Councillor over the weekend provided him with a brief overview and the links that you'd provided. He's forwarded it onto the relevant officer to investigate.

Thanks

Coupon-mad

OK, good.

And if the Council send a fob off reply, report them to the LGO, citing the Kent decision.

Enrique123

Absolutely the plan. Thanks again

Enrique123

Hi Coupon Mad,

What's the process for referring to the LGO?

I've not had any response from the council and it has been some time now.

Thanks

KeithP

Enrique123 wrote: »

What's the process for referring to the LGO?

Go to The Local Government Ombudsman's website and click on How to Complain.

But remember, three months ago C-m wrote:

Google for the Council's official complaints procedure and start there. I've taken a company to an Ombudsman before and got a positive outcome and compensation, and its free, but you have to exhaust the internal complaints procedure first.

Timi_David

Hello All!

I wanted to personally thank this organisation and everyone that has added their comments. I have just had a cheque paid to me for the judgment I won from Pace Recovery via Gladstones Solicitors. The funny thing is they didn't actually attend the court hearing. They expressed that they didn't want to go to court and tried to intimidate me by saying 'this is a simple matter that doesn't need to be explored through court', but I insisted on going all the way to court.

The case was that I had put the wrong month on my permit and they had deemed that the permit was invalid. I was defending the case to say that it was valid and it is clear that it was just a typo. My main point of defence was that it was 'Overall I believe this charge is disproportionate and invalid based on me having a valid permit.'. I spoke in layman's terms and explained the situation.

I think the key in this win was it would cost the guys at Gladestones too much to leave the office and potentially wait all day for a hearing that could go either way. I post this just to say don't be intimidated by these bullies, do your research and take quick actions as soon as possible!

Coupon-mad

WELL DONE!

In fact Gladstones never attend hearings but usually send an Elms Legal rep. But not always!

DID YOU CLAIM YOUR COSTS FOR ATTENDING THE HEARING?

ANOTHER PACE ONE BITES THE DUST!

Enrique123

Hi,

This is great news to read prior to the court hearing I will be attending next month with my brother (I will attend as his lay rep).

Just out of curiosity @Timi David, where was the hearing held. I attended court last year and the owner of PACE turned up to represent (see previous notes from end of 2018), and he stated (in court) that he personally attends all cases for PACE - this clearly is an exaggeration but it would be interesting to know where your case was heard as it may be the case he attends cases local to where he lives.