UKCPM - All appeals must be done by postal?

Redx

seems like an excellent set of tasks to be done asap


read the defence in here, it may help focus your mind


https://forums.moneysavingexpert.com/discussion/5896798/letter-before-claim-scs-law-ukpc-case-won&page=4

iWindmill

Redx wrote: »

seems like an excellent set of tasks to be done asap


read the defence in here, it may help focus your mind


https://forums.moneysavingexpert.com/discussion/5896798/letter-before-claim-scs-law-ukpc-case-won&page=4

Thank you for that link, it did help me massively. I've used that template and pretty much amended my response to LBC. I understand I don't have to include my defence in this response as I am not at that stage yet.

So here's my response:

Dear Sirs,

I have received your Letter Before Claim dated XXXXXXXX and would like to respond.

Your letter contains insufficient detail of the claim and, fails to provide photographic evidence. It does not 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. 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 breakdown of £60 claimed by your Client for the time spent and resource facilitating the recovery of the charge.

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), 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 court the fact that I have expressly requested this information, yet your client has yet to provide it.

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.

I am currently seeking debt management advice and therefore I require for the case to be put 'on hold'.

Yours faithfully,



I intend on sending this to Gladstones via email, and I won't be doing anything with Information Sheet and Reply Forms?

Redx

make it debt management advice

email it to GLADRAGS

do nothing with their financial forms or info sheet, although they are required to issue them , its usually to do with proper contracts like tenancy agreements and loans and builders invoice disputes etc, not parking claims

the smalll claims system isnt really designed for parking claims, which is why the MP,s have voted to change a lot of it, starting with their new CoP when it arrives

iWindmill

Redx wrote: »

make it debt management advice

email it to GLADRAGS

do nothing with their financial forms or info sheet, although they are required to issue them , its usually to do with proper contracts like tenancy agreements and loans and builders invoice disputes etc, not parking claims

the smalll claims system isnt really designed for parking claims, which is why the MP,s have voted to change a lot of it, starting with their new CoP when it arrives

I see people saying GLADRAGS, I've looked everywhere on letter provided by Gladstones and can't seem to find 'GLADRAGS' - are you able to enlighten as to what or who this is?

Quentin

Slang term only used in this forum

For gladrags read Gladstones

Redx

I have nothing but disdain for them and their shoddy business practices and cannot take anything they say seriously, but if I used the words I wish to use I suspect MSE wouldnt like it


ps:- other shoddy charlatans include Wright Hassell , QDR , Smallclaimssolicitors , B W LEGAL too , probably a few more if I thought about it

iWindmill

Hello everyone,

I have received a response from Gladstones to my email found above:-

Good morning Mr Williams, This isn't my name - they made a mistake here....!!

Thank you for your email dated 31 July 2019, the contents of which have been noted.
On DATE, vehicle with registration number XXXXXX, registered to you, was parked on XXXXXXXXX(the site), and received a Parking Charge Notice (PCN).

There are numerous contractual signs around the site (please see the site plan within the bundle). Upon entering private land the driver enters into a unilateral contract which binds them to the Terms and Conditions (TC) and enters by performance.

One of the signs state;

"A VALID RED CPM MUST BE CLEARLY DISPLAYED IN THE FRONT WINDSCREEN AT ALL TIMES..."

The sign continues to state;

"TERMS OF PARKING WITHOUT PERMISSION...

... you are contractually agreeing to pay a parking charge fee"

Based on the information before us, (please see the photographic evidence) you had a permit displayed which was not for UK CPM. Therefore you breached the TCs of the contract, accepted the charge and became liable for a PCN.

We will now answer your queries in the same sequence;

1. Please see above & the bundle.

2. You are being pursued as the keeper of the vehicle because a driver has not been named, you were provided the opportunity at this stage to provide the full name and serviceable address of the driver in the event you knew this information. (please refer to the bundle.) Under the protection of Freedom Act 2012 (POFA) Schedule 4, paragraph 4, subsection 1, our Client is able to purse you for the outstanding debt.

3. Please see point 2.

4. Please see below.

Where it is claimed the car was parked, for how long. Please see the beginning of the email and the bundle.

How the monies being claimed arose and have been calculated.

As the contractual sign states, you are liable to pay £100.00. However, our Client’s accredited trade association is the International Parking Community (IPC) require our client to offer 40% discount within the first 14 days, if payment is not made, it will then exceed to £100. With reference to the IPCs code of Practice, page 33;

“Parking charges must not exceed £100 unless agreed in advance with the IPC. Where there is a prospect of additional charges, reference should be made to this where appropriate on the signage and/or other documentation.

Where a Parking Charge becomes overdue a reasonable sum may be added. This sum must not exceed £60 (inclusive of VAT where applicable) unless Court Proceedings have been initiated.”

This provides you a breakdown of the full £160.00.

What contractual breach (if any) is being claimed. Please see the beginning of the email.

5. Our Client does not need to show that it owns the land, only that it had the authority to manage the land in accordance with the wishes of the landowner. We confirm that our Client had such authority, but given that the contractual arrangement between our Client and their Client is commercially sensitive, it will only be disclosed should it be necessary for a Court to view it.

6. Please see the bundle.

7. Please see point 5.

In view of the above it is our Client's position that the sum of £160 remains outstanding within 30 days from the date of this email. In the event that neither a substantive response nor payment is made within this time-frame our Client may elect to issue legal proceedings without further notice.

Payment can be made by calling our payment line on 0333 0230 049 or on our website https://www.gladstonessolicitors.co.uk

Alternatively, you can make payment via bank transfer. Our bank details are as follows;
Account Number: 33028712
Sort Code: 20-24-09

When making payment using any of the above methods please quote our reference 101295.50160

Yours Sincerely


I would like to point out that they addressed the wrong person, my surname isn't Williams. Should I highlight this error to them? I am beginning to see why other people describe the incompetences of Gladstones.

I have read NEWBIES trying to figure out my next step and I believe I am right to say I should do nothing about this email and wait for official court documents? Please correct me if I'm wrong.

There is a bundle attachment with my email and if it's helpful I can send this document privately to someone who will be assisting me. It will be redacted, of course.

Coupon-mad

Dear Gladstones,

You appear to have sent me Mr Williams' template reply (whoever he is).

Can you send me my own template reply please, and will it be relevant to my case or Mr Williams' case, or any case because it's a typical generic roboclaim?

Are you going to report your data breach to the ICO, for confusing my case with this 'Mr Williams' or shall I? it must be confusing sending the same dross to lots of people but the GDPR is there for a reason you know.

yours faithfully,

iWindmill

Coupon-mad wrote: »

Dear Gladstones,

You appear to have sent me Mr Williams' template reply (whoever he is).

Can you send me my own template reply please, and will it be relevant to my case or Mr Williams' case, or any case because it's a typical generic roboclaim?

Are you going to report your data breach to the ICO, for confusing my case with this 'Mr Williams' or shall I? it must be confusing sending the same dross to lots of people but the GDPR is there for a reason you know.

yours faithfully,

Thanks - I should have been a bit more clearer:

Everything else in the email sent to me is accurate as far as I am aware (attachment of photos, my registration plate, the location where I received PCN etc)

The only error they made is the name they addressed to, Mr Williams, which is in fact not my name. Is this still a breach of GDPR where they have to report this breach to ICO? or is this just a case of a typo?

Le_Kirk

If it was only the e-mail that was addressed incorrectly and the LOC was addressed to you correctly (and one therefore assumes any court papers would be, if it went that far) then I think, as tempting as it is to send C-m's rejoinder, it looks like a typo. On second thoughts, what have you got to lose?