Letter Before Claim - Gladstones/Link Parking

parkingresident

Good afternoon,


Looking for some advice after receiving a Letter before Claim from Gladstones.


Basics of the case are that the car I am the keeper of a car that received a PCN in May, despite the car being parked in the space allocated to the flat I live in. The permit had fallen out of the window as the car hadn't moved in three days (I had been ill).


Having gone through the lease on the flat, it mentions nothing about permit parking, only that the space can only be used for one vehicle that is taxed and in roadworthy condition (it was). The only issue I can find in the lease is that it gives the management company the covenant to 'make and enforce regulations (if any) as may be considered necessary and desirable in the interests of good estate management to enable all residents of the Estate to enjoy the Estate or to otherwise comply with the regulations and requirements of the Local Authority'. I wasn't sure if this enables them to vary the lease in any way?



In the meantime I appealed to the PPC (Link Parking), who denied, and then followed it up with IAS appeal, who also denied unsurprisingly. This was despite the fact that none of the pictures of the vehicle show anything other than the front half of the car, not even the space in which the car was parked!


Heard nothing until 5 days ago when a standard LBC from Gladstones appear in the mailbox. I've spent some time reading through the Newbies sticky and various cases where it seems similar to mine and written up the SAR to send to Link Parking with the following requests:

• · [FONT=&quot]Any and all photographs taken of above-mentioned vehicle[/FONT]
• · [FONT=&quot]A copy of all correspondence sent to the above address, via both letter and email, including a copy of the original Penalty Charge Notice and the Notice To Keeper[/FONT]
• · [FONT=&quot]A map of where you consider the vehicle was parked on the day the Penalty Charge Notice was placed upon the vehicle[/FONT]
• · [FONT=&quot]A copy of the contract from the landowner and/or managing agent that shows you have the right to act on their behalf in the area the Penalty Charge Notice was issued[/FONT]
• · [FONT=&quot]A copy of all whitelist data for the area in which the Parking Charge Notice was issued,[/FONT]
• · [FONT=&quot]A close-up photograph of any signage, taken on the date the Penalty Charge Notice was issued, and a map defining the exact positions they are placed throughout the development[/FONT]
• · [FONT=&quot]Any evidence relating towards any payments you have made to any external company regarding the recovery of any stated charge or a detailed breakdown of the costs you have incurred in doing so yourselves[/FONT]
• · [FONT=&quot]A list of any and all Penalty Charge Notices that you considering outstanding with either myself and/or the above VRN.[/FONT]

Is this enough information to ask for or is there something I missed? I have also typed a letter to send to Gladstones asking to hold the case once I have sent this SAR out.


Thanks in advance for any help

parkingresident

Just bumping this post up as I haven't seen any replies


Will be sending the SAR in the morning, along with the letter to Gladstones so any last minute advice is appreciated!

KeithP

You've mentioned the term Penalty Charge Notice five times in that list.

That will give them the opportunity to give you answers you are not expecting.

parkingresident

Thanks, I had overlooked that entirely



So I'm assuming that I need to change that to something such as invoice or shall I just omit it altogether?

KeithP

Parking Charge Notice would be appropriate.

The word Penalty implies a level of authority they simply do not have.

parkingresident

An excellent point! All amended now and sent off.


Have also written to both the management company and the landowner, will hopefully get somewhere with them as well.


Thanks, for your help Keith, much appreciated.


Will report back when I hear back from either