Letter Before Claim - Gladstones

TKP87

I have received a LBC from Gladstones on behalf of Car Park Management UK Ltd - The vehicle is a victim of double dipping - 2 separate visits but ANPR only took first and last entry. I explained this in my first letter, that was over a year ago and this is the first I've heard from them for a good few months. My reply is below - is this an acceptable reply? Anything I need to add? Thanks in advance - i did have another thread but I can't reply on it or see replies for whatever reason

Dear Sir’s,
I am in receipt of your letter before claim dated 27th September 2018 - Reference 101295.21220. I would like to refer you back to my original reply to the parking charge notice (copy attached). In this letter I explained that there were 2 separate visits to the car park during the afternoon/evening period as well as the morning visit.
The vehicle is a victim of ‘double dipping’ - a known flaw in the ANPR system. The ANPR system only recorded the first entry and second exit. The first entry to the car park at 15.53 on 19/6/2017 was followed by an exit shortly after - up to half an hour later. The second entry to the car park was around 10-15 minutes prior to the second exit of 22.21 on 19/6/2017. I urge your client to check the cameras again. What they are claiming happened can not be proven as it simply didn’t happen. The vehicle was parked outside the hospital whilst we were visiting our daughter.
I am putting your client on notice of adverse costs if they continue to claim. Exploiting a known flaw in the ANPR system goes against their code of practice, also worth adverse costs.
Yours Sincerely,

Any my original letter:

You issued me with a parking ticket on 19th June 2017 but I believe it was unfairly / unlawfully / illegally issued. I decline your invitation to name the driver, which is not required of me as the keeper of the vehicle. I will not be paying your demand for payment for the following reasons:
The alleged contravention did not occur
Quite simply, the parking cameras/operator got it wrong and the vehicle was not parked inappropriately at the time the ticket was issued. This is due to the fact the vehicle entered and used the car park on 2 separate occasions on the same day - not 1 long visit as claimed. The period claimed to be parked in the car park was actually spent at medway hospital with a very sick premature baby. The first visit was to purchase sterilising tablets for the babies bottles, the 2nd visit was to buy dinner after leaving the hospital. I have credit card statements that show both transactions if you need to see it. Therefore the claim is wrong, the vehicle absolutely was not parked there for 6 hours & 27 minutes as claimed. Please go back and check your cameras for that day & you will find the claim you are making is completely untrue.
The vehicle was not parked on the land in question
You issued a ticket for supposedly breaking your parking restrictions yet the vehicle was actually parked at medway hospital - miles away from this car park meaning you had no authority to issue a ticket.
Mitigating circumstances
I live a stones throw from this car park. The shop (coop) attached to the car park is our local shop - we frequently use this car park so we can use the shop. Google maps will show you how close we are. The ship & trades pub has also said had it not got to the debt recovery point then they would have happily cancelled the ticket.
The charge is disproportionate and not a genuine pre-estimate of loss
The amount you have charged is not based upon any genuine pre-estimate of loss to your company or the landowner.
In my case, the £160 charge you are asking for far exceeds the cost to the landowner. I therefore feel the amount you are asking for is excessive.


I do hope this is the end of the matter & expect not to hear from you again. If you do choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter. I will also start legal proceedings against yourselves for harassment & aggravation as the debt recovery letters you are sending are causing even more stress & upset at an already very difficult time.

Regards,

The registered keeper

TKP87

I can't do anything on my previous thread - i can type a reply but i hit submit and nothing happens. I've tried it on 2 different laptops in 2 different addresses and the same thing happens???

TKP87

shall i see if i can delete my original thread?

Redx

only a board guide or admin can delete initial threads (or any threads)

TKP87

perhaps an admin could delete it for me then please. i can't do anything with the original thread. i need to get this in the post tomorrow to get it back in time. can someone please confirm i have a valid reply to send back? desperately in need of help here please. thank you

TKP87

Is there ANYONE on here that can help me? i was sent here being told ill find all the help and answers i need here. somebody must be able to help me

The_Deep

TKP87 wrote: »

Is there ANYONE on here that can help me? i was sent here being told ill find all the help and answers i need here. somebody must be able to help me

You will, but this is very much a self help forum, and the subject is complicated. It encompasses contract law, property law, tort, etc, Common Law, etc, A recent case even went all the way to the Supreme Court, where the motorist lost.

You may have spend hours studying parking law, researching old cases, writing very long pieces, perhaps longer than you have ever written before. If you think you can do this, start by reading the stickies/FAQs.

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 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.
each year). They lose most of them, and have been reported to the regulatory authority by an M.P.
for unprofessional conduct

TKP87

Thanks the deep - i have read a fair bit of the newbie threads but its still way above my head and time is not on my side here. What they are accusing me of didn't happen so i don't see how they can prove it, but the letters are coming again and its just another load of stress on top of my daughters 24/7 round the clock care needs. we were in hospital (with the car) during the period this ticket is for. Ive got no proof of that other than pictures i took of my daughter on my phone - thats how i know i wasn't in that car park. I just need to know if thats enough of a reply to send back right now thats all

TKP87

what does it mean to 'put them on notice of adverse costs?' someone told me to go back at them with that but after a lot of google searches i still don't understand what that means. does my reply sound like i know what I'm talking about or make me look like an idiot?

TKP87

i have a timestamped iPhone photograph taken on my phone of my daughter in intensive care that was taken during the time i was supposed to be parked in the car park miles away. the car was with me in the hospital car park. is it worth sending them this picture or does that mean nothing in the eyes of the law? surely its down to them to prove me wrong not the other way round? i have no photographic evidence of my car in the hospital car park, they only keep cctv for 28 days, but they've only sent me the 1st entry and 2nd exit photos as proof - surely that can't be enough to win in court? the car wasn't there when they said it was - are the courts in favour of these scam artists like glad stones are?

TKP87

Update - thought id pay the landowner a visit today to remind them that CPM are acting on behalf of them. And Gladstones are acting on behalf of CPM. So if they instruct CPM to cancel the ticket then CPM can instruct Gladstones to cancel the claim. They sent an email to CPM and the ticket has been cancelled! I tried this 6 months ago with a different member of staff at the land owners and they told me it wasn't possible. I just went in, asked to speak to the most senior member of staff and was polite. Just waiting on the email confirming this in writing but as far as I am aware (have recorded the phone call!) the ticket should now be cancelled! Did i read somewhere I can now claim £750 from them for a breach of data use or something along those lines? the amount of stress and upset they've caused my family at an already difficult time deserves compensation