Appeal not accepted or rejected but receiving debt collection notices

beamerguy

1234 ......

DRP talk so much rubbish about what they can do, DRP
are a nothing debt collector with no power

A Mickey Mouse company to ignore

THE £60 SCAM OPERATED BY DRP ?

https://forums.moneysavingexpert.com/discussion/comment/74439905#Comment_74439905

1234

I've received the letter before claim

I've written up the following SAR to UKCPM

Following the receipt of a Letter Before Claim from Gladstones Solicitors dated 10th May 2019, I am writing to request the following data about me that I am entitled to under data protection law and information relating to PCN: xxxx, including:

• Any and all Documents mentioning my name or any details relating to myself i.e. vehicle registration/contact details/ PCN number etc

• Full email history and the emails mentioning PCN number, myself or vehicle registration/contact details etc
• All interaction made with any other private companies where data regarding my PCN number/vehicle/details have been discussed.
• A list of all telephone calls made where my PCN or details are mentioned and details of what was said.
• Of Particular interest is any documentation trail showing how and whom has sold/passed you details relevant to the PCN or personal details.
• Copies of all documents/email/ or communication by any other means
• Full disclosure of all information held about myself, my details and or my vehicle
• Details relating to what information is viewable by any external companies handling mail on your behalf, i.e. are envelopes sealed prior to being issued to mail handling companies used if applicable.
• I request a full itinerary of what happens and what stages my data is processed under whilst in your database – this is also known as a timeline management system that notes are added to at varying stages.
• Proof of the rights you have to manage my data

It may be helpful for you to know that a request for information under the Data Protection Act 2018 should be responded to within 30 days. The 30-day compliance limit commences 2 days from the issue date noted above.

And also a template that many seem to respond to Gladstone with:

I am in receipt of your Letter Before Claim of 10/05/2019

The letter that I received does not provide me with sufficient detail of the claim, nor does it provide any evidence that you stated in your letter that your client is relying on. Your client must come to understand that on 1st October 2017, a new protocol came into action regarding debt claims. Since the claim proceedings are taking place after this date, the new protocol must be adhered to.

The letter that I received from yourselves does not meet the requirements of the previously valid Practice Direction – Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d)), 5.1 and 5.2. As you and your client should be well aware, the previously used Practice Direction and the Protocol, which is applicable from 1st October 2017, are legally binding to all parties of any sized debt claim. It is in place so that prior to court proceedings, all parties understand the claim and their particular positions in relation to it, ensure that parties can take stock of their positions and also negotiate a settlement before the claim goes to court as to mitigate court costs and also valuable court time.

I am requesting all the documents/information that the new protocol state that your client has to produce. As a result of not providing this information from letter before claim, your client should not issue any proceedings without complying with the protocol requirements. I must also state that I reserve the right to bring to light any failure of the Claimant to obey with the protocol to the attention of the court, and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when any costs come to be considered.

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 vehicle was parked, for how long, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. Is the claim for trespass? If so, provide details.
7. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 establishing yourself as the creditor.
8. A plan showing where any signs were displayed
9. Details of the signs displayed (size of sign, size of font, height at which displayed)
10. Provide details of the original charge and detail any interest and administrative or other charges added
11. Provide a copy of the Information Sheet and the Reply Form

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 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

Lastly, I cannot properly respond to this claim filed against me, I am also unable to understand my position in relation to it until your client has fulfilled their responsibilities as the Claimant, by providing me with the sufficient information that is required of them to go forth with any court proceedings. If your client still proceeds without this information provided, I will seek immediate stay pursuant to paragraph 15(b) of the Practise Direction, and an order that this information is provided.

I was wondering if there is anything more I need to include at this stage?

i'd appreciate any advice given, Thanks.

p.s - Although Gladstone letter is dated 10th May, it was only just received in the post.

Coupon-mad

That's a VERY outdated 2017 template. The NEWBIES thread doesn't say to send that.

1234

Oh no, I had sent it off already, have i made of a mess of this?
I got SAR reply from ukcpm, They’ve only provided me with a copy of notice to keeper, about 6 images of the vehicle and nothing else.
There is no record of my appeal when I replied to when I received NTK (I’ve got proof of postage receipt).

What should I do next?

Redx

wait for a court claim to arrive in the post

Coupon-mad

It doesn't matter but it's just old 2017 waffle now, and a waste of time sending it. Either way you would get a claim, as that's what these scammers do, so it makes no difference except to show you are using outdated templates.

When you get the claim and acknowledge it, and show us your draft defence next month, DON'T just submit it when you get one or two replies, don't just rush things.

The defence will need to be right and thought about for a couple of weeks.

Fruitcake

What does your lease say and what does it not say about parking, parking permits etcetera? This will have primacy of contract over anything a third party scammer says.
You should be challenging their contract with the landowner about this.

What did the landowner say when you complained about this charge, especially if there is nothing in your lease/AST about third party parking scammers?

Have you complained to your MP yet about this unregulated scam.

1234

Fruitcake wrote: »

What does your lease say and what does it not say about parking, parking permits etcetera? This will have primacy of contract over anything a third party scammer says.
You should be challenging their contract with the landowner about this.

What did the landowner say when you complained about this charge, especially if there is nothing in your lease/AST about third party parking scammers?

Have you complained to your MP yet about this unregulated scam.

Lease does not mention anything about PPC managing site, nor anything about displaying permit however, grey area is that the property management can make 'reasonable adjustments'. Would this be considered reasonable and whom decides £100 charge to resident is 'reasonable'.

I've got a response from Gladstone but from their response:




The map they enclose of sign location is for a different site. Do I just wait for the money claim now?

Fruitcake

Get pics of the site and signage.

I would respond by going through and rebutting each point they mention, but see what others say first.

For example, they mention contractual signage, you say a third party cannot impose a contract upon you for something you already have by right as per your lease.
(I would hold fire about the signs they mention being different to the actual ones on site until you get the claim itself.)

They say "you are to nominate the driver at the earliest opportunity." There is no such requirement placed upon the keeper within the PoFA 2012. They are misrepresenting an Act of Parliament and deliberately misquoting it.
Since there is no requirement then there can be no failure on the keeper's part to carry out something that is not a requirement in law. To suggest otherwise is unreasonable.

They say they assume the keeper is the driver, you tell them there is no law or statute that allows that assumption without proof. Quote Henry Greenslade's comments on this and state that not only was he a former PoPLA lead assessor, but a respected barrister.

They say the contract is between you and their client. You state that this is not true. Your contract is with and only with the landowner/landholder and your lease has primacy of contract as determined in the case of Pace vs Mr N. Read the Parking Prankster's blog where this is explained.

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

Rebut anything else you can think of as well.


Also, read the thread by beamerguy called "Abuse of process" where several cases have been thrown out because the scamlicitors added on fake amounts like the £60 added to your original PCN amount. Wait until you get the actual claim then complain to the court about the add on scam, quoting the cases from beamer's thread.

What happened when you complained to the landowner/management agency?

Have you complained to your MP yet about this unregulated scam.

1234

Thanks, The signs were only only up for around 7 months. Though i have pictures of them from before.
The management Agency want nothing to do with it, they've said they will not help in any way.

I didnt know i could complain to MP as it was private land but will write a letter to them.