Gladstones Letter Before Claim (New Generation Parking)

raserfabi

Hi Everyone,

I've followed the usual recommendations of reading the *NEWBIES* thread and searching for similar cases. However, I can't seem to find any cases which appear similar to my current situation - therefore I've started my own thread in the hope of getting some more specific guidance.

Background

My girlfriend and I moved into a flat in June 2018. As part of our contract, we were allocated a garage to the rear of our apartment block which can fit one car. All was well and good until we went to collect our apartment keys and the estate agent told us that the previous occupants had failed to return the garage key. However, the estate agent told us that they should have a replacement key within the next few days, and we should just park in the car park (permit holders only) at the front of the apartment. Unsurprisingly, approximately 6 weeks went by before we got a replacement garage key. After this, we then ran into more problems as we found that there was a gate on the lane to the garages which was locked occasionally and, of course, we didn't have a key for that either :mad:! Another couple of weeks went by until we got a key for the gate. Just to clarify, we were very proactive with the estate agents and called multiple times asking for the keys.

During this 8-ish week period, we received numerous PCNs from New Generation Parking. After tearing up the tickets and ignoring the "invoices", my girlfriend and I then received numerous 'Notice to Owner/Keeper/Hirer' letters through the post. Again, we ignored them thinking that was the right thing to do (I have since learnt that the advice is to appeal via POPLA). For some but not all of the parking charges, we then received a 'FINAL REMINDER - Notice to Owner/Keeper/Hirer'. Again, these letters were ignored.

Current Situation

We have now received a 'Letter Before Claim' form Gladstones solicitors stating that they have been instructed to commence legal action against us to recover an amount of £160 as we have failed to provide a valid reason for non-payment. FYI - We were not sent a final warning for this PCN reference number, is this normal or have they broken a rule there?

Although Gladstones state at the start of their letter that they have been instructed to commence legal proceedings, they then go on to say that legal proceedings will only commence if the outstanding debts are not repaid?? The letter also says that if we believe there is a valid reason for non-payment we are able to reply pursuant to Paragraph 4 of the Pre-Action Protocol for Debt Claims under the Civil Procedure Rules 1998.

Next Steps...?

I feel slightly out of my depth now that solicitors are involved and they are quoting protocols that I am completely unfamiliar with. However, I feel that although we were parking without a permit we were doing so as per the estate agent's advice. As a result, we have now had over 15 PCNs issued to us - at £160 each, this is an extortionate amount that we simply can't afford to pay.

My first thought was to call up the estate agent tomorrow and explain the situation in the hope of them getting our PCNs cancelled. Is this the right thing to do?
Also, what shall I do if the estate agent palms me off and says they can't help? Do I reply to the letter from Gladstones?

I'd really appreciate any help you guys could give!

Cheers

Coupon-mad

We were not sent a final warning for this PCN reference number, is this normal or have they broken a rule there?

Normal - forget it. you binned the letters which will have included all sorts of daft demands, and there are no such rules.

Do you own the flat, as you talk about an estate agent? Or tenancy/letting agent?

Was the place the car was parked each time, a secure area, or a designated parking area, or not?

The Defendant (you, or your girlfriend?) needs to send (online*) a SAR to the parking firm (not Gladstones) asking their Data Protection Officer (DPO) for all letters sent, all photos taken and a summary of all PCNs that they consider outstanding and ask them why they have paid no regard to the residents' primacy of contract, and the rights and easements that allow residents to park in that area.

Send a copy to Gladstones. Demand that they revert to thair client in view of your primacy of contract as a resident with lease rights.

Attach (for both) a copy of anything from your lease/tenancy that grants you unfettered RIGHTS to park, or talks about a grant or easement, or peaceful enjoyment without interruption by the landlord, etc.

Do not use the Royal Mail, both these contacts should be by email and you can easily find umpteen Gladstones emails by searching this forum!



* find the DPO's email or address, from the parking firm's Privacy page.




P.S. your case is like all the other residential cases! 99% won at court.

DO NOT BE STEERED INTO A COUNTER CLAIM BY A NEWER POSTER.

raserfabi

Thanks a lot for the reply Coupon_mad.

- No we do not own the flat, the 'estate agent' I am referring to is the letting agent we rent from.

- I don't think the car park is 'secure' as such because there are no gates or anything to get into the carpark, however there are signs saying that it is for permit-holders only. So I'm assuming that would be classed as a designated parking area?

-

...they have paid no regard to the residents' primacy of contract, and the rights and easements that allow residents to park in that area.

- sorry to sound dumb, but what do you mean by this? Is there something within the tenancy agreement I should be looking to quote? Or is this a 'known right' within the parking community?

- Within our tenancy agreement, it definitely mentions we are allocated a garage space but I'm not even sure if they mention the front carpark - could this be an argument as they do not state we cannot park there? (seems like I'm clutching at straws because there are loads of signs saying permit holders only but hey ho!)

- Do you advise against contacting our letting agents then and going straight to Gladstones/New Generation? Or shall I pursue both avenues?

Thanks again for your quick reply, I'm already feeling less anxious about this whole process!

Coupon-mad

But you were told you could park there, by your letting agent, why? On what basis did he/she give you that instruction/permission? Yes have a go at the estate agent, but also:

You cannot hang about, you will be sued anyway (and most people do win, no risk, no CCJ, nowt bad!) so do the SAR to both, online/by email now, like I said. Attach anything in your tenancy or the advert, etc that tells you that you can park or have rights of way by vehicle (which you clearly MUST have, to access the garage and it makes little sense to me that you only have a garage).

raserfabi

Thanks a lot for your help.

Do you recommend a template I should use when contacting New Generation/Gladstones?

Or shall I write it myself?

Cheers

Coupon-mad

Write it based on my post #2.

I DETEST TEMPLATES! No idea why people ever want them.

NeilCr

Coupon-mad wrote: »

But you were told you could park there, by your letting agent, why? On what basis did he/she give you that instruction/permission? Yes have a go at the estate agent,

).

This. Absolutely this.

On our estate we often find that letting agents are cavalier with the facts. You might also want to see if they are prepared to put in writing that they said you could park in the car park.

The letting agent won't be able to cancel the tickets (unless they are the freeholder/landlord of the block). At that end it will be whoever has the contract with New Generation. Do you/your landlord know who owns the freehold? Is there a Managing Agent for the development?

C_M. I know what you mean about the garage. But, a while ago I viewed a house on a smallish development. Some had garages only - others (like the one I looked at) had designated spaces and there were a few visitors spaces. I hadn't seen it before. Best guess they stuck up some garages to add a few thousand to the price of the more expensive properties!

raserfabi

Hello again everyone,

Thanks for your advice so far, it's been really helpful.

I followed the instruction given by @Coupon_mad to send a SAR to New Generation parking LTD. I also managed to get hold of my letting agreement which states I am allocated a garage space. I emailed this to Gladstones stating primacy of contract etc.

I am yet to get a reply back from either party and NGP have not completed the SAR.

I also recieved two county court claim forms in the post on Monday. NGP are asking for a total of £800 for four counts of "breaching the terms of parking on the land".

I'm now becoming quite concerned and anxious about the prospect of court cases, CCJs etc.
I don't even know where to start in producing my defence in terms of formatting and using language that's suitable for the court. Also, the two claim forms only mention 4 instances of when they issued a PCN, however I probably received about 20 over the space of the 6 weeks we were forced to use the car park. Is it likely that I will have to fight every single PCN or are they unlikely to pursue them if I win these two cases? To add insult to injury, the court address on the letter is in Northampton which is 200miles from my home address. Would I have to physically attend that court or is the defence process just submitting the defence form and waiting for the court to make a judgement?

I guess the main question that I'm asking is 'What do I do next?'.

Castle

If you do go to court you get to choose which one, (so probably your local one); Northampton is just the processing centre for the paperwork.

KeithP

What is the Issue Date on each of your Claim Forms?

raserfabi

The issue date is 10/12/18 on both