Gladstones LBC received for residential parking spot (New World Facilities East Essex LTD)

nosferatu1001

Why not email them?

BlueNine

Just when I think they're gone...the f'ers come back!

So to update - I sent off a response to the LBC within the deadline they gave me (thanks for all the help up to / including the day!) it's similar to the one in my first post, but with less case law and basically saying they need to comply with the obligations in the Pre-Action Protocol for Debts Claims etc etc (can provide verbatim if it'll help)

Fast-forward almost 4months and I get a nice email from Gladstones with an attached document containing:

A scan? or original document they used to print the signage (including the incorrect company no that was spotted earlier in the thread!)

A map of the car park showing where the signs are placed

Copies of the letters I have received from the many different debt claims companies (and some letters I didn't received)

My original online appeal

The picture of my parking permit I sent as proof I have one

My email stating that I'm the owner of the vehicle and the driver will not be named, also giving notice to them to cease processing my data under S10(1) of the Data Protection Act.

A letter dated 20/02/18 saying if I paid in 14 days I could do so at the low, low price of £136

Pictures of my car in the parking space (multiple angles, some showing number plate, some not), with no permit visible, date-stamped on the day but only at 1 time.

---

They also say in the email that I now have to pay £160, contrary to their most recent letter (that I haven't actually received) and details on how to pay within 30 days or further legal action will be taken.


Any thoughts? - I did get the title deeds in the end and there's very little in there about the space, are there particular words/phrases I should keep an eye out for? I vaguely remember a small bit about peaceful enjoyment but it's been a while since I looked at it and will have to re-fresh my memory when I can get to it again.

nosferatu1001

You need to refersh your memory
What youre llooking out for are
1) What righgts are granted to the lesseee over the space
2) What restrictions are in place on use of the space
3) What allowances are there for the lessor to alter the lease or any parking provisions.

You could repsond back asking them how on earth they have POSSIBLY complied witht he PAP, which requires them to supply all required documents within 30 days, not 4 months?
Did they actulaly supply everything you required? Anything you requested that they hav said they WONT supply, and if yes what reason was given? Anything you request that they havent supplied AND havent explained why?

The_Deep

You should insist on a correction to the AST to include mention of the parking space. Write to your landlord saying that you think that the AST issued by his letting agent is defective and that you are being pestered by a scammer. Also set out the problem here.

https://forums.landlordzone.co.uk/forum/residential-letting-questions

also read this.

http://parking-prankster.blogspot.com/2016/11

These companies have no place in residential car parks.

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

BlueNine

OK I've got the lease from the land registry - parts I think might be useful:

"Demise - the landlord demised the flat and the car parking space to the lessee with full title guarantee, together with the rights specified in schedule 2 but excepting and reserving to the landlord the rights specified in schedule 3, to hold to the lessee for the term subject to all rights, easements, privileges, restrictions, covenants and stipulations of whatever nature affecting the flat and the car parking space including any matters contained or referred to in schedule 9, yielding and laying to the landlord without deduction or set-off"

Schedule 2-6 Right to use the communal parking spaces: "the right, in common with the landlord and all other persons having a like right, for the lessee and all persons expressly or by implication authorised by him in accordance with such reasonable regulations as the landlord may make from time to time for the benefit of the lessees of the building to use the car parking spaces designated by the landlord from time to time as available for common use by the lessees and occupiers of the flats in the building and their visitors"

Schedule 3 just covers passage and running through services in the flat and car parking space

Schedule 6-1 Quiet enjoyment - "the landlord covenants with the lessee peaceably and quietly to hold and enjoy the flat and the car parking space without any interruption or disturbance from or by the landlord or any person claiming under or in trust for him"

6-2.3: "the landlord may add to, withhold or vary the services if, acting reasonably...so long as the lessees enjoyment of the flat and the car parking space is not materially impaired, or if he is required to do so by competent authority"



Sorry for the wall of text but I don't really know what this all means!

BlueNine

Also this was the information I asked for, along with whether or not it was provided:

1. An explanation of the cause of action
Not really – only that I attracted a charge as brought to the driver’s attention via signage and agreed to when the vehicle was parked. In one of the later letters they state “Reason for issue: 10-Parking on Private Land without a Valid Permit and/or Authorisation”.

2. Whether they are pursuing me as driver or keeper
Done, I think – included a copy of a letter saying my details were obtained under a “reasonable cause” request as registered keeper.

3. Whether they are relying on provisions of Schedule 4 of POFA 2012
Not mentioned

4. Details of the claim – where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated.
Not really – Photos show where the car was parked, but only time-stamped at one time. No mention of how the cost has been calculated.

5. Is it for a contractual breach? If so, date of the agreement, names of parties to it and a copy of said contract
Not mentioned

6. Is it for trespass? If so provide details
Not mentioned

7. Copy of the contract with the landlowner under which they assert authority to bring the claim as required by IPC B1.1
Not mentioned

8. A plan showing where signs are displayed
Yes

9. Details of signs displayed (size, font size, height)
Not really - they’ve pasted the template they use to print the signs into this pdf bundle, but they’re definitely not original sized so impossible to tell size, font size and no info on heights given.

10. Details of original charge, any interest and admin charges added
Not really – just the original PCN letter saying I “owe” £100 but can pay £60 if I do it right that second without thinking.

11. Copy of the information sheet and reply form
Not attached

12. Any and all photos of the vehicle on the date PCN issued
Yes

13. Proof that the timing of any camera was synced with other cameras and/or machines
No

14. Any other evidence
No


I also noticed that in the bundle are 2 letters from Zenith Collections (that I never received) that are dated AFTER I replied to the LBC (by 3 months).

Am I right in thinking the LBC is no longer in effect and they're now right back to scaremongering?

Coupon-mad

This is very good:

"the landlord covenants with the lessee peaceably and quietly to hold and enjoy the flat and the car parking space without any interruption or disturbance from or by the landlord or any person claiming under or in trust for him"

I also noticed that in the bundle are 2 letters from Zenith Collections (that I never received) that are dated AFTER I replied to the LBC (by 3 months).

Am I right in thinking the LBC is no longer in effect and they're now right back to scaremongering?

Maybe, who knows...!

BlueNine

Because they took so long to reply to me and haven't complied with the PAP in the slightest (outside the 30-day window, either didn't include the info or explain why they didn't include it etc) I've just sent them an email stating how they haven't complied, asking for the information again...and asking for clarification on this phrase in their email:


"[FONT=&quot]the charge and the agreement you entered when parking"[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]despite the fact I'm being pursued as the owner, not driver, of the vehicle - which is the reason they gave for getting my info from the DVLA![/FONT]

Umkomaas

despite the fact I'm being pursued as the owner, not driver, of the vehicle - which is the reason they gave for getting my info from the DVLA!

But the DVLA has no idea who the owner of the vehicle is.

BlueNine

But the DVLA has no idea who the owner of the vehicle is.

Sorry, "registered keeper of the vehicle specified at the time of the parking incident" as they put it in one of the early letters