Letter Before Claim - Parking

eddtheduck

My wife has received a Letter Before Claim from Gladstone Solicitors relating to a parking incident last year (2017).


We believe that she has a good defence to their claim relating to the status of the road on which the incident occurred. We have requested on numerous occasions that the Claimant (UK CPM Ltd) provide evidence to support their right to levy a charge, which thus far they have failed to do.



The letter suggests that my wife fills in a Reply Form online on the Gladstones website, pursuant to the Pre-Action Protocol for Debt Claims, if she wishes to defend the claim.



On this form, do we need to a) set out our process asking for their evidence or b) set out our whole case?
We are nervous of the latter as it feels as though we are giving Gladstones our case before they (or UK CPM Ltd) have responded to our queries.


Also, I see from the newbies thread that we should make a SAR to UK CPM Ltd for their evidence and write to Gladstones asking for a stay in the 30 days to respond to the Lettter Before Claim until UK CPM Ltd have provided this information - should we do this before filling in the Reply Form on the Gladstones website?

Pirate_Parker

If they haven't fully complied with the below then how are you supposed to respond? Tell them to give you a letter before claim that is compliant with the pre-action protocol so you may consider your position and respond accordingly. Once you have a compliant LBCCC respond in accordance with 6(b) below.

SAR: Send a one right now to the PPC, demand everything and inform Gladstones they must stay any proceedings until such time as the SAR has been complied with AND a compliant LBCCC is provided - the processing of your data without BOTH of these will be considered an offence under DPA 2018 / GDPR to which them as a data processor and their client as the data controller will both be liable.

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Steps before issuing a claim at court
6. Where there is a relevant pre-action protocol, the parties should comply with that protocol before commencing proceedings. Where there is no relevant pre-action protocol, the parties should exchange correspondence and information to comply with the objectives in paragraph 3, bearing in mind that compliance should be proportionate. The steps will usually include—

(a) the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;

(b) the defendant responding within a reasonable time - 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed and whether the defendant is making a counterclaim as well as providing details of any counterclaim; and

(c) the parties disclosing key documents relevant to the issues in dispute.

eddtheduck

Sent a SAR to the PPC and a request to Gladstones (yes, we did frame it as a request - that may have been a mistake) asking them to put the case on hold until such time as the PPC complied with the SAR.

No reply yet from the PPC, but got a letter back from Gladstones headed "Request for Restriction of Processing of Data" which said that they could not process our request because they could "demonstrate compelling legitimate grounds for the processing of your data".

Do we reply to this and if so what should we say?

eddtheduck

...Anyone?


Should also have said that they mention that we should complain to the ICO if we are not satisfied. Is that the next step?

nosferatu1001

Apologies if overnight noone got round to your request

respond back, pointing out htere is NO compelling reason to continue processing your data at this time, as they have sufficient time to start proceedings under the Limitations Act
If they disagree you require a full accounting, not this template response

eddtheduck

This seems to have gone a bit quiet. The last we heard was a letter from Gladstones at the end of January trying to refute our defence and threatening to start legal action unless we paid up within 30 days.

Since then, nothing, but postal deliveries can go astray in our area, so I was wondering if there was a way to check if proceedings had been opened against us (preferably without contacting Gladstones).

eddtheduck

OK, so we've now received court papers, have managed to submit the Acknowledgement of Service (and the MCOL website shows that we have done so). Sorry for causing confusion by starting another thread - details here: https://forums.moneysavingexpert.com/discussion/5983215/help-cant-respond-to-claim-on-mcol

We're now compiling the Defence. Part of it is that the vehicle was parked on a public road (according to the meaning set out in the Highways Act).

If this proves to be correct, has the parking company actually committed an offence by issuing a PCN and demanding payment, and if so, what?

Coupon-mad

Yes but they probably haven't. It's more likely to be unadopted private roads.

If you had anything important in that other thread ask for it to be merged, as no-one is going to have time to flick between both.

Send Crabman a pm to ask for your 2 threads to be merged.

KeithP

What is the Issue Date on your Claim Form?


Yes, very important stuff on that other thread.

What did the CCBC say when you asked them about the bar?
Did they give you a revised Issue Date?

eddtheduck

The issue date on the Claim Form was 13th March. We rang CCBC on 28th March and they agreed that we had until 1st April to submit the AoS, and suggested that we sent it via email, which we did on the same day.

They were unable to say why there was a bar on the claim.

On 29th March we got a letter from CCBC apologising that the Claim Form had not been sent out until 22nd March and giving us until 11th April to reply. However we had already emailed the AoS by then and it is showing as having been received on MCOL.
Also, there is no longer a bar on the claim.

Coupon-mad

They were unable to say why there was a bar on the claim.

There were bars on claims issued/dated that week, because we heard that the CCBC had a broken printer and/or technical issues, and were unable to issue on the date stated.

They must have done this for all of the cases affected:

On 29th March we got a letter from CCBC apologising that the Claim Form had not been sent out until 22nd March

Does it state in black and white, the date for your defence, where AOS is done first?