Gladstones letter before claim

tofts

Just drafting a response, is this OK?

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I refer to your letter which is marked 'Letter Before Claim'.

As the main electrical contractor working upon the site at the time in one of the 4 vacant commercial lots, I am unable to answer the question as to who was driving due to this being a company vehicle. With this, I also bring to your attention that I have also have sufficient evidence to prove that the vehicle was parking under instruction from your client whilst working on the site. You have already received evidence of my Permit which allowed me to park anywhere on site, generally, vehicles were parked on the upper promenade outside the area we were working but were often asked by the onsite attendants to move vehicles in busy periods so the promenade remained unobstructed.
As there were vacant lots at the time of the alleged offense, I would consider why the charge exists at all. If they are to protect businesses from the loss of earnings, this would be difficult if contractors like myself were unable to work on the premises without this kind of obstruction.
The vehicle was parked at various locations around the site almost continuously for around 4 weeks. As part of my disclosure I would have thought that there will be another “ticket” a few weeks after this one, I find it odd that both of these tickets have been issues in the same location and also after all of the shops were closed.

As I had not had contact from you in many MANY months, I have considered this matter concluded.

But, if you wish to pursue this further, I require the following details, please.


1. An explanation of the cause of action

2. whether you are pursuing me as (a) driver or (b) keeper?
(a) If the former, please provide your rationale and/or evidence for the assumption.
(b) If the latter - pursuing me merely because I am the registered keeper - please answer these specific questions:
(i) is your client relying upon the POFA 2012 Schedule 4, and if so
(ii) do you contend that their Notice to Keeper is fully compliant and was served in time, and if not
(iii) on what basis are you/your client harassing me, given the fact that I am not liable under any applicable law?

3. What the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated

4. Is the claim for a contractual breach? Copy of the contract and proof of breach is required.

5. Is the claim for trespass? Proof that your client is the landowner and the loss is required.

6. Provide details of the original charge, and detail any interest and administrative or other charges added.

7. Provide clear copies of all photographs taken including a close-up of the sign on the material date, and a close-up of the terms displayed at the pay & display machine (the point of sale).

8. Provide a copy of the Information Sheet and the Reply Form.

Should you proceed to issue proceedings against me without replying substantively to this letter and complying with your obligations, I will apply for an immediate stay pursuant to paragraph 7 of the Protocol and 15(b) of the Practice Direction and I will seek a costs order.

yours faithfully,

ME

KeithP

Is this a continuation from your earlier thread?...

forums.moneysavingexpert.com/showthread.php?t=5702364

tofts

Same claim, year on yes.

beamerguy

Is this a recent letter ?

Not surprised it does not comply to the new
debt protocol, Gladstones are so incompetent

They started dealing with the new protocol by
telling people to visit their web site and you are
under no obligation to do this.
You want a bundle of paperwork from them

It will be interesting to see their reply point by point
as they do tend to duck and dive

The government has also realised that Gladstones
is a scam with their IPC/IAS total rubbish

https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor 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 lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

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 House of Commons recently

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

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

tofts

They have responded as follows:

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Thank you for your correspondence, the contents of which have been noted.
It is noted that you have not provided an account of your version of events as is required by the Protocol.
Despite the above and with a view to expediting matters, please find enclosed evidence our Client may later rely on should the need for proceedings arise. We also enclose a copy of the Annex 1 Information Sheet, the Reply Form and the Standard Financial Statement.
We trust the above and the enclosed clarifies our Client's position with respect to the outstanding debt. In the event you are still unsatisfied with the above, please find below our responses to your numbered questions below;
1. This charge is as a result breach of contract you entered into with our Client.
2. The registered keeper is assumed to be the driver unless they prove to the contrary. We confirm our Client is compliant with the provisions under POFA 2012.
3. These details can be found enclosed on our Letter Before Claim.
4. As above.
5. As above.
6. The charge was originally £100 reduced to £60 if paid within 14 days, obviously this was not done and the case referred to ourselves at the amount of £160. The further £60 charge is a nominal contribution to our Client's liquidated damages and otherwise, time spent dealing with the case.

7. Please find enclosed.
8. As above.
You can make payment via our online website at gladstonessolicitors, our automated payment line of 0333 0230 049 or by using the following bank details;
Bank: Barclays
Sort: Code: 20-24-09
Account Number: 33028712
Reference: (REFERENCE NUMBER)
When making any kind of payment, ensure the above reference is included so that your payment may be allocated. In the event a payment is made without reference, further costs may be incurred for which you will be liable.
Payments can take up to 3 working days to clear our account.
Please note, in the event this correspondence is neither paid nor responded to within 30 days from the date of this letter, our Client may elect to issue legal proceedings against you in order to facilitate the recovery of this debt.
Yours sincerely
Glacistones Solicitors

tofts

So, now after so exhanging of letters, I have received today a court claim. Sadly the Mcol website is experienceing difficulties but will keep checking, I presume this is a normal experience that I am to expect with an over stretched service?

Incidently, I was reading through the paperwork and I have a picture of the sign on the site, which states no parking without permission. It does NOT SAY anywhere on this sign that a ticket must be displayed, shall I factor this in to any defence at this stage?

The particulars of the claim are:
The driver of the vehicle registration incurred the parking charge(s) on the (DATE IN 2017) for breaching the terms of parking on the land at XXXXXXXXXXXX. The defendant was driving the vehicle and/or is the keeper of the vehicle.

£160 Charge £16.99 interest £25 court fee and £50 legal rep costs

I must note that there is also a second charge they are sending me which was for about 2 weeks after this one, exactly the same place, how can I roll these 2 in to one? as Its more than likely that I shall receive a second claim shortly...

KeithP

What is the Issue Date on your Claim Form?

The_Deep

£160 Charge £16.99 interest £25 court fee and £50 legal rep costs

That is far too much for a single alleged breach of contract, they are being dishonest.

Even if they won, which seems unlikely imo, the most a judge is likely to award is £175 - £200. Aything about that is unlawful. Gladstones well know this, but try anyway.

As they are trying to claim more than that which the law allows, (imo fraud), complain to their regulatory body, the SRA.

http://www.sra.org.uk/home/home.page

tofts

Issue date on claim for is NOV 8th, I have followed the advice on thread 2 of newbies and submitted the AOS this morning of the 12th.

Im drafting my defence today and will post this up at some point to double check all is well, on once approve I presume this be submitted straight away?

nosferatu1001

You did this online I hope?

No need to submit straight away, give yourself as much time as needed to get feedback. No points for being early to reply!