LBC from Gladstone

monde

Hi people,

I have an LBC from Gladstones acting on behalf of One Parking Solution LTD, for a ticket that was issued in 2016. At the time of issue OPS were listed as a dormant company on companies house (I have evidence and not sure if this is relevant or makes any difference). I have been going through the NEWBIES thread, and am trying to draft a response to the LBC, but wondering if there is any point in me bringing this up as part of the response? As far as I understand, a dormant company cannot legally trade, or do I have that completely wrong? Apologies if I have missed any of this information in another thread.

Regards

System

Who does the letter say to pay? If it says pay DRP then file and forget.

monde

Hi,

Thanks for the reply. I can't post a link to a picture of The Letter Before Claim they sent, as a newbie, so below is what it states:-

"We act on behalf of the Claimant and we have now been instructed to commence legal action against you to recover the amount due above, as you have failed to settle the debts that are owing, or provide a valid reason for non-payment. We understand that our client has written to you to request payment but the amounts are still outstanding.

The charge amount includes £x claimed by our client for the time spent and resource facilitating the recovery of the charge. The amount is a pre-determined and nominal contirbution to our client's losses as a direct result of your non-payment.

In the event the outstanding debt is not paid in full, we are instructed to commence legal proceedings. Our client is satisfied that it has sufficient evidence to support this claim and, if necessary, will rely on this evidence in Court.

If you believe you have a valid reason for non-payment, you are able to reply pursuant to Paragraph 4 of the Pre-Action Protocol for Debt Claims under the Civil Procedure Rules 1998 ('the PAP'). A version of the Information Sheet and Reply Form taken from the PAP can be completed on our website xxxxxxxx. Before completing the online Reply Form, you must first create a login, for which you will require your reference xxxxx. Alternatively you can request a paper version (see overleaf).

We refer you to Paragraph 2.1(c) of the PAP which obliges the parties to act reasonably and proportionately.

Please pay or reply within 30 days of the date of this letter. Any reply received outside of the 30 day period may not be considered as legal proceedings are likely to have been issued.

To discuss the matter with us, please call xxxxx"

System

Who does the letter say to pay?

monde

The letter has come from Gladstone Solicitors, and on the back it has methods of how to pay them. But in the body of the text in the letter, it does not explicitly say to pay Gladstone or any company for that matter. Just says pay or reply within 30 days.

Thanks

System

Treat it like a Letter before Claim as a claim is on its way. Use the search function to get the template request for the standard information.

When you get the information we'll have a look and suggest your course of action.OPS are shy of court so it may just be a try on. In addition the usually operate only in the Brighton / Lewes area. The 'dormant' bit is an issue but not a killer.

monde

Ok thanks again. I will update when I hear back.

monde

By the way, does anyone know if there is an email address for Gladstones Solicitors? Can't seem to find a current one in my searches through the threads

KeithP

monde wrote: »

By the way, does anyone know if there is an email address for Gladstones Solicitors? Can't seem to find a current one in my searches through the threads

This post from one week ago answers your question:

forums.moneysavingexpert.com/showpost.php?p=74760403&postcount=63

monde

Hi guys,

So I sent correspondence using the template as suggested to request for the standard information and I got a response which appears to be quite generic. The response is also months after I sent my reply to their letter before claim, and well beyond the 30 day timeframe mentioned in the letter, and would have assumed they would have started proceedings? Or is the 30 days irrelevant?

Below is their reponse:-

"I write regarding your request for further information in relation to the outstanding debt of £x.
You have received correspondence from us in pursuit of an unpaid parking charge incurred on xxxxx, at the site known as xxxxxx. You are now held liable for the outstanding parking charge as you confirmed you were driving when the charge was incurred as a result of your parking in such a manner as to breach the terms and conditions of parking. In this instance you were displaying an invalid permit for this bay, thereby accepting the charge of £x. The terms and conditions of parking are made clear on the signs within the managed area. The signs form the contract between you and our Client, xxxxxxxx. In light of this, the agreement between our Client and the landowner will not be provided at this stage, as it is not relevant to the contract between you and our Client.
I have provided a copy of the charge which was affixed to your vehicle, and notified you in the first instance that a charge had been incurred.
The photographs enclosed not only show the charge having been affixed to your vehicle, but also the signs which formed the contract and you were responsible for seeking out. Furthermore, the photographs also demonstrate your breach of contract and therefore the reason the charge was incurred.
Further to the above, I have enclosed the bundle of documents our Client would seek to rely on should a claim in this matter be issued.
I have also enclosed the pre-action protocol information sheet and our FAQs for any further queries you may have. Upon your review of the enclosed, I invite you to make payment of the outstanding sum before xxxxxxx. In the event payment is not received, we will proceed with our Client's current instructions in this matter to issue a claim without further correspondence...."


For a start at no point did I confirm I was the driver, so do not know where they got this from? As stated I sent the template I was advised to, are they just still trying it on? Any suggestions as to the next steps?[FONT=&quot]
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Regards

KeithP

That looks like it might be a Letter of Claim. Is it?

You've blanked out the date by which you must reply.
Have they given you thirty days to reply?

Have they enclosed a Reply Form and a finance form?