lease car LBC

hels75

I have until the 30th to respond so any help greatly received.

i drive a lease car that has a virtual permit attached to the registration that allows me as a community nurse to park in resident zones, i was issued a ticket by link parking for parking in a permit space. they know i was the driver and all correspondence is being sent to me directly, i have logged onto there page and it shows me photos of my car parked in the said space, ive sent them letters explaining that i have a permit and was parked in a permit space visiting a patient but they have instructed gladstones and they have now sent me a LBC can someone please help me with a response. thank you in advance.

nosferatu1001

Your permit is likely only valid on PUBLIC roads, yes? ASsuming it is council issued?

Have you found the NEWBIES thread?

Coupon-mad

LBC stage is covered in the 2nd post of the NEWBIES thread. Council permits do not cover you for private car parks, but you would still have a good case to defend when they try a scummy court claim.

hels75

yes it is a council issue which allows me to park in residents parking. i was parked in a residents parking space but unknown to me this is ran by a private company which then gave me the ticket

hels75

thank you coupon mad, i have now sent the letter that i found on that thread, hopefully they will leave me alone but i dont hold out much hope

The_Deep

Have you complained to the Managing agents of the residential complex where you were parked. If you do not know who they are one of the residents will be able to tell you. Also, complain to your MP and the authority with whom you are employed. These companies are scammers.

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

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. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially 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.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

hels75

hi thank you so much for your help so far, im trying my best not to bother people for a response but there is so much on this site i am finding it hard to find the next response i need for this letter that i received via email.

Our Reference: 103806.038//JH
21st January 2019

Re : Our Client : Link Parking LTD
Amount Due : £160.00

Dear Ms....

Thank you for your correspondence, our reply to which is set out below.

We write with reference to the above outstanding charge detailed in our letter before claim dated 29 November 2018.

We confirm receipt of your correspondence dated 22 November 2018; we apologise for the delay in our correspondence but as no further action has been taken we trust you agree no prejudice has been suffered as result.

The driver accepted our Clients charge for parking as that entered into a unilateral contract, whereby upon parking the driver entered into the contract by performance.

The Protection of Freedoms Act 2012, Sched 4 (para 2) states that; the “keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper.

In the alternative, if the Court is not able to infer that the Defendant was, in fact, the driver then the Defendant is pursued as the Registered Keeper of the vehicle pursuant to Schedule 4 (4)(1) of the Protection of Freedoms Act 2012 (‘the Act’) which states:

“The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.”

A means of alternative dispute resolution (‘ADR’) is offered by our Client as standard practice, i.e. via their internal appeals procedure and via an independent appeals service. In this regard, if these avenues of ADR were unsuccessful we now invite you to expand upon your position pursuant to the pre-action protocol for debt claims as a means of narrowing the issues in dispute and potentially settling this matter.

In parking otherwise than in accordance with the conditions (i.e. by not displaying a permit), the driver contractually agreed to pay the price for this privilege, initially set at a rate of £100.00. This contract was breached after a failure to make payment within 28 days, we confirm this forms the cause of action against you. The £60 additional charge is sought as both a damage and is an amount approved by our Client’s accredited trade association, the International Parking Community as a fixed sum which may be sought should the matter remain unpaid.

In view of the above it is our Client's position that the sum of £160 remains outstanding within 30 days from the date of this email. In the event that neither a substantive response nor payment is made within this time-frame our Client may elect to issue legal proceedings without further notice.


Payment can be made by calling our payment line on 0333 0230 049 or on our website .gladstonessolicitors.co.uk

Alternatively, you can make payment via bank transfer. Our bank details are as follows;

Account Number: 33028712

Sort Code: 20-24-09

When making payment using any of the above methods please quote our reference 103806.038


Yours sincerely,


Gladstones Solicitors

any help greatly appreciated, just want to know which response to use next or do i just pay
kind regards
Hels75

KeithP

You would be wise to remove your full name from your latest post - both your surname and first name.

hels75

@couponmad please can you help with the next stage ? thanks in adavance

KeithP

So you've had a Letter of Claim and responded to it.

You have now come to the easy bit...

Wait patiently for a Claim Form to drop through your letter-box.


While waiting you might want to re-read post #2 of the NEWBIES thread to find out what to do with it when it arrives.

hels75

many thanks keith,i'lll wait then.