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Gladstones, DRP & LBCCC (maybe?)

Hey folks,

Setting the background, I received a parking notice from 'Smart Parking Ltd' for 'insufficient paid time' many moons ago (April 2018) that neither me or my partner had much of an idea about. The car is used by several people (registered to me), however the particular place in question has always been attendant controlled whom my partner was friendly with, until one day she drove in and noticed a new machine and no attendant, which she duly paid as per the instructions on the machine. There was no apparently notification or signage on entering the area that new parking enforcement was in place, from what my partner has said.

After ignoring the 'Smart Parking' letters, we then began receiving letters from 'Debt Recovery Plus Ltd'. This continue with the reason of 'insufficient paid time'. I have now received a letter from 'Gladstones Solicitors' who I understand are well known in these circles, having read through much of the other information listed on here.

Whilst my partner is now happy to just settle the debt (of a massive £160), I am personally reluctant as the Gladstones letter seems to mimic the wording from the DRP letter, suggesting they may well be one and the same.

The wording of the Gladstones letter is as follows:

"Please Quote: 5xxxxxx
We have been instruced by Smart Parking Ltd in relation to the above debt.
It is our client's case that you are liable for these charges and we would like to draw your attention to the options that our client has in order to recover these from you.
The supreme court case of Beavis v Parking Eye blah blah...
Our client now has the option to commence proceedings in the appropriate Civil Court. This right exists for a period of 6 years ec etc... A claim would result in an increase in the amount sought in terms of any Statutory Costs and Court Fees.
Out client would like to provide you with this opportunity to contact their agent to make full payment in the sum of £160 thereby avoiding the consideration of any future court action and any increase in the amount claimed.
Something about a payment plan...
Please contact our debt client's agent, Debt Recovery Plus Ltd in order to discuss a payment proposal or make payment online at xxxxxx
If you do not pay within the next 14 days, please keep out client and their agents (DRP) updated as to your current address to ensure that your ability to defend such action is protected as any county court judgement etc etc"

To confirm, i've never formally responded to any letters (as I most certainly wasn't the one driving, and we can't be entirely sure it was my partner as there have been numerous other people driving the car), and the whole thing is incredulous given the parking location changed almost overnight without any sort of notification or signage. The reason is also listen as 'insufficient paid time' which she is positive she has never gone over, as I believe it's in hour increments and there's virtually no way that her appointments last anywhere near that.

Anyways, i'm hopeful the wording from the Gladstones letter is suggestive of simply a tarted up debt recovery letter but would much appreciate your advice. I am happy to put together a defence based on clarifying that I wasn't the driver, giving us then more time to sort out the obvious stuff like the change of parking management systems and other stuff. contacting the land owner may also be feasible although im not entirely sure who that would be as it is on the back of a few retail units so assume it's shared in some way.

Thanks for all your help in advance, been a lurker for years and love watching how helpful everyone is.

Ixdi

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 2 October 2018 at 12:29AM
    That letter is just a debt collector's letter.

    This sentence gives it away:
    Please contact our debt client's agent, Debt Recovery Plus Ltd in order to discuss a payment proposal or make payment online at xxxxxx
    DRP are simply using Gladstones' headed notepaper.

    Post #4 of the NEWBIES FAQ sticky thread offers comprehensive guidance on how to deal with debt collector's letters, but to summarise - ignore them.

    Post again on this thread if ever you receive either a Letter of Claim or official court correspondence and you still need help.
  • Coupon-mad
    Coupon-mad Posts: 153,472 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Whilst my partner is now happy to just settle the debt (of a massive £160), I am personally reluctant as the Gladstones letter seems to mimic the wording from the DRP letter, suggesting they may well be one and the same.
    Yes it's a tarted up DRP letter, do NOT pay anything.

    Here's one we replied to earlier today:

    https://forums.moneysavingexpert.com/discussion/5903048/gladstone-s-solicitors-letter
    The car is used by several people (registered to me),
    Good, so you (not your partner!) are getting the daft letters and you can deal with it and it's your choice NOT to pay this. Even if Smart broke the habit of a lifetime and started suing people, we win 99% of well defended cases here - no CCJ risk, nothing bad/no high costs, even if lost - and yours is no different.

    The only things to do would be:

    - tell Smart if you move house within the 6 years a debt can be sued over

    - complain to the onsite business/hotel/retailer, if there is one. They can cancel.

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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