LBC What happens next

derby24

Hi. I've read the newbies thread and thank you for all the information you provide. I have an unclear signage case, the appeal was rejected and now a LBC from Gladstones beyond a year later. Morally i would like to fight it but i would like to know what i have in store.

1, What have been your experiences?
2. Did you seek / would you recommend legal help beyond forum advice?
3. Did all proceed to court after filling in the before court paperwork?
4. Were court costs greater than the fine?
5. How long did the process take, roughly.

It's for a one time fine

Thank you in advance

Coupon-mad

1, What have been your experiences?

We see 99% of defending posters win, when they follow the NEWBIES thread and do not ignore any court letters or deadlines, and take or advice at all stages.

2. Did you seek / would you recommend legal help beyond forum advice?

No.

3. Did all proceed to court after filling in the before court paperwork?

No, some are discontinued. Gladstones do discontinue sometimes as you will read if you search the forum for these keywords (and use advanced search, this forum only, SHOW POSTS):

ANOTHER ONE BITES THE DUST

Those words show all cases won or discontinued for a year or so...! Read some!

4. Were court costs greater than the fine?

Yes and no. The odd case lost is the PCN sum, plus about fifty quid or so. Therefore yes it's a little bit more than the PCN if you lose, but no, it's less than the stupid letters are demanding now!

5. How long did the process take, roughly.

About six months because Christmas will get in the way and slow it down.

Which parking firm?

Send the PPC (not Gladstones) a SAR for all photos, all letters, all data held. Then you can see their evidence in advance. There is a SAR example on the Legal Beagles website that's nice and concise.

The_Deep

Read about this game into which you have been co-opted.

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 crime.

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 in the not too distant future.

derby24

Thank you to you both. I want to defend my case. The stages set out by bargepole were really useful. I'm nervous about it but also feel strongly that this shouldn't continue. i'm reticent about posting too many details on a public form

Regarding your advice to write to an MP, I wrote to my MP, he couldn't remove the issue of course but highlighted the parliamentary debate. I wonder if this will be the next PPI? We can live in hope.

Questions I would like help with:

- Can you point me in the direction of any further successful signage cases?

- In the area this took place there are a few private parking firms operating, serving different parts of the estate i.e a supermarket carpark is run by a different firm to a residential car park. The other private parking operators , whilst not best in class, have clearer signage in comparison. Is it useful to mention this in either the defence or the witness statement

- The letter before claim from Gladstones states i have 30 days to reply. The PAP for Judicial review says a defendant should respond in 14 days. Which is correct? Have i lost before i've started. I received the letter 9 days ago

KeithP

I started to read that but it became too difficult.

Please can you edit that post to split it into paragraphs.

Help others to help you.

derby24

KeithP wrote: »

I started to read that but it became too difficult.

Please can you edit that post to split it into paragraphs.

Help others to help you.

Edited as advised

derby24

Ignore my last question regarding time to reply. I was looking at the pre-action protocol for judicial review, not for debt claims. I'm slowly becoming familiar with this awful process

derby24

Another question is: Us there any way at this stage to turn it on its head and take them to court? Has that been done before - i know it's more complicated.

They are taking me to court for an outstanding debt, but since their appeals process is knowingly flawed the real question is not whether i can pay the debt but whether it was fair for me ever to be charged from the outset

nosferatu1001

Well, in the US you cna ask for a declarative judgement that you have no liability, doubt we can do the same here.

If you can identify e.g. data misuse by the PPC, then you could launch a claim against them for that.

derby24

I spoke to the money advice service and i'm even angrier about the process. If i were to fight and lose the case in court and pay the fine, the CCJ would still be on my credit score. Only if i win would i be able to appeal the CCJ is taken off my credit record, a process i would need to appeal. I know there is high success on this forum but it's a huge risk

That means there is no fair way to appeal they have us between a rock and a hard place

Quentin

Looks like money advice centre as much use as the CAB

You haven't already got a ccj have you?

Assuming that you have not, then you can ignore their "advice"

You only get a CCJ if you lose in court or ignore a court claim

Even then it will only affect your credit status if you failed to pay it off in full within a month of the date of the judgement

So forget that advice.