Letter Before Claim

Scorpion84

Hi, wonder if I can get some really good advice as I am not sure which option will be the best in my circumstances.

In September 2017 I received PCN from Gemini Parking Solutions. Apparently my vehicle was parked in breach of the terms of parking at Beckenham Gym. The letter was addressed to the keeper and it seemed it followed all the guidelines. That particular day my child had his birthday party at Gambado, a company that is using the same car park. The signage says 3 hours free parking and my car was parked for 03:53. I found out later, through a research,that Gambado customers can stay longer as long as they enter their registration number on some special iPads at Gambado. I was never informed about that. We arrived a bit earlier to welcome the guests and get things ready. When the party finished kids wanted to stay a bit longer and the party host was ok with that. He also gave us a voucher entitling us to free entry for a month. Again, nobody reminded us about extending the parking. After receiving the PCN, I spoke to the Gamabado’s manager and he sent a letter to Gemini to cancel the charge. I thought that will solve the issue. Little did I know that they tend not to respond. I then kept receiving letters from DRP, Zenith Collections and finally Gladstones. All of them I ignored hoping they would give up after a while. They haven’t though. In October this year I received Letter Before Claim from Gladstones. It does look like a robo-claim and does not even explain what the debts are for. They ask for £160. Even the £60 they asked initially on the PCN I found as a huge rip off. I already spent £359 for that party plus extra on the day. I have read tens of threads on this forum but still not sure what to do.

Gladstones stated in their letter:
“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.”

Is there any point to do that or will it make my situation worse? Shall I just wait for the court letter and then act?

I know that writing to Gambado will not solve anything as on the other forums I saw their managers’ responses saying that they had nothing to do with the parking and that there was a clear signage. However, I thought maybe it would be a good idea to write directly to the Managing Director and make him aware that it is a frequent problem and their company should do much more for their customers that spend hundreds of pounds in there.

Also, has anybody ever tried one of those companies like: Parking Ticket Appeals or fair-parking. I know it is to late to appeal but they claim to help out at any stage.

The last option I thought of is contacting the landlord who hires Gemini directly but not sure whether that’s a good idea neither.

I would really apply our suggestions.

Coupon-mad

You will love this thread:

https://forums.moneysavingexpert.com/discussion/5740036/gemini-gladstones-small-claim

Also, has anybody ever tried one of those companies like: Parking Ticket Appeals or fair-parking. I know it is to late to appeal but they claim to help out at any stage.

NONONONONONO AND MORE NO.

One is a regurgitated phoenix of another firm (same people...) with the worst TrustPilot reviews we've ever seen.

Do not even think about it, we not only do not recommend them - but we give people fair warning against them, due to the TrustPilot reviews.

Scorpion84

Thanks for the warning and the link. Do you suggest then to wait for the court letter and start to get my defence ready?

Coupon-mad

No, I suggest you send a pm to that other poster and ask for the evidence they used in court if they are willing to share, and for their claim number and date and Judge...

...if you get that info from that poster (if they still check MSE and/or get notifications of pm's) then use it to reply to the threataogram letter telling them that a contact of yours has already beaten Gemini in xxxxxx court about a scam ticket at Gambado - claim no xxxxxxx on xx/xx/18 in front of DJ xxxxxx- and you have their evidence photos and emails they used, that expose the PCN as a punitive con, unsupported by the retailer.

Given there is no legitimate interest excuse and they've already lost a case when it was properly defended, you suggest they cut their losses and cancel the parking charge instead of paying for a claim expecting to get a different result than in claim number xxxxxxx.

Scorpion84

That sounds good to me. I will try to get in touch with the other poster and see if can get any more info. Thanks for the advice.

System

I will try to get in touch with the other poster and see if can get any more info.

If you can't just follow what they did. There is clearly an implicit term there for customers to have a longer period - a term that cannot be overridden by a sign.

System

I'd put in any defence, the point that the Claimant knows or ought to have known that those parking outside the play area are likely to have an extended period of parking. Add that such a term will be in their letter of authority and they should produce the same at the earliest opportunity.

Continuing with a claim when they know or ought to have known that those parking outside the play area are likely to have an extended period of parking, is unreasonable.

The_Deep

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.

Parking Eye, CPM, 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. It has even been suggested that some of these companies have links with organised ccrime.

Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)

and complain in the most robust terms to your MP. With a fair wind they will be out of business by early in the New Year.

Scorpion84

Thank you. I didn’t know such term actually exists and is considered in court. Will definitely add that. Would actually suggest to fill in that reply form on Gladstones website and put that as a reason?

Ralph-y

please follow all the exelent advice above ......


"After receiving the PCN, I spoke to the Gamabado’s manager and he sent a letter to Gemini to cancel the charge."


have you any proof of this ?


Ralph:cool:

Coupon-mad

Scorpion84 wrote: »

Thank you. I didn’t know such term actually exists and is considered in court. Will definitely add that. Would actually suggest to fill in that reply form on Gladstones website and put that as a reason?

No, we don't use their forms.