Letter before court (Gladstones)

Ladybird150

I would appreciate guidance and advice please.

My husband received a parking ticket on a private right of way where our business is based. We and other owners of adjoining land and our visitors should benefit from uninterrupted right of way at any time.

A property developer bought this right of way as well as other land and employed UKCPM to issue parking tickets on the right of way land.

The developers started building residential flats last summer and one day when my husband arrived to work, there was a massive lorry blocking access to our business premises. He parked on the side without interrupting anyone and went to deal with his work. When the lorry left, he went to move the car but about a week later he received a parking charge notice from UKCPM. Someone must have taken a picture on their mobile phone and sent it to UKCPM who then started harassing us.

He wrote an appeal letter stating that access to our business premises was blocked by the owner of the right of way and his builders and that they were in breach of our right of way by not allowing us access to our premises. He also sent pictures of developer’s trucks blocking the access on various dates after the original PCN was issued and showing the building works that were going on etc. Unfortunately my husband didn’t take pictures on the day PCN was issued because he didn’t know he was going to get a PCN.

We never heard back from them but received another demand. We wrote back with original letter and proof of postage and UKPCM then wrote claiming they did respond (we never received a letter) and that we can engage with IAS non-standard appeal service where we had to pay to do so.

We decided there was no point in appealing and paying to appeal as this was all a big scam and we ignored all subsequent letters.

We have now received a letter before court and we will reply to this using the temples suggested on the forum. However is it certain that this will end up in the court and shall we start preparing our defence straight away?

My husband worded his letter of appeal in such a way that he admitted that he was the driver. This was obviously a very silly thing to do but he thought the PCN was going to be cancelled because our right of way was blocked by the owner so they were in breach of our rights. We are not in good relationship with the owner of the right of way and his building works and constant blockages of right of way with trucks have caused us business interruption and loss of business.

Two of CPN demands for payment letters are showing same reference number and same picture of our car but information for time issued is different. They made an obvious mistake. Will this be rejected in the court on technical terms, ie mistakes on their letters?

We will go to court and fight this unfair PCN and have no intention of paying up. He could not get to our premises and could do nothing else but to park until the truck left.

I will post our response to letter before claim for comments but would appreciate if someone can answer my above questions.

Thank you in advance.

Quentin

No-one can predict, but expect a claim to follow a LBCCA


(Don't return their forms they enclose with the LBCCA)

Ladybird150

Thank you Quentin. I have spent hours yesterday reading through other Gladstones cases and it seems that all letters before claim do end up in the court and win.

beamerguy

Ladybird150 wrote: »

Thank you Quentin. I have spent hours yesterday reading through other Gladstones cases and it seems that all letters before claim do end up in the court and win.

Where did you see that ???

Did you see this

https://parking-prankster.blogspot.com/search?q=gladstones

Gladstones are a highly incompetent solicitor who invented the great IPC scam to which UKCPM are members of

With regards to UKCPM, again read this
https://parking-prankster.blogspot.com/search?q=UKCPM

The_Deep

In my opinion, the parking ticket is the lesser of your worries. Your problem lies with your neighbour. If I was in your position I would seek an injunction granting you unfettered access to your place of work.

If this went to court I think that the PPC would struggle. The judge would surely recognise that the antisocial behaviour of your neighbour, his contractors, and agents, caused this very minor breach of contract, which is a scam anyway. Read about the game you have now been co-opted into.

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..

Ladybird150

Apologies I didn't phrase this correctly. I meant to say that all Defendants win, not Gladstones. This gives me hope that we have a big chance of winning if this goes to court.

I have requested the title for the right of way land from the Land Registry and it clearly says that ...subject to the rights of the owners and occupiers of adjoining and neighbouring premises and their servants or visitors and all others having the like rights to pass and repass with or without horses carts carriages and other vehicles and on foot at all reasonable times...

My husband couldn't get to his premises whilst they were unloading the building materials and hence had no other choice but to park the car until they moved their vehicle.

We will defend this but I'm just angry that we have to waste days of our time to defend this stupid claim.

beamerguy

Ladybird150 wrote: »

Apologies I didn't phrase this correctly. I meant to say that all Defendants win, not Gladstones. This gives me hope that we have a big chance of winning if this goes to court.

That all depends on the advice given, Gladstones do win but only when the defendant fails themselves.

You must remember that Gladstones, just like all the other dodgy legals, have nothing new to say, it's the same old rubbish time after time and that's what they are beaten on. Couple this to the courts getting sick to death with them .... they are on a loser

On this forum there are some very smart people, REAL solicitors giving their time for free, people who can knock spots of these dodgy legals ... and they do

Follow everything on here from respected members

Ladybird150

Thank you Beamerguy.

Ladybird150

I've got my letter response to Gladstones ready. I've used the templated from the in Newbies thread. Do I only quote Gladstone's reference or do I also quote PCN Number and car registration number? The template only allows for Gladstone's reference. Thank you.

beamerguy

Ladybird150 wrote: »

I've got my letter response to Gladstones ready. I've used the templated from the in Newbies thread. Do I only quote Gladstone's reference or do I also quote PCN Number and car registration number? The template only allows for Gladstone's reference. Thank you.

Their reference number should tell them the rest of the info.

Ladybird150

Thank you.