LBC received from Gladstones on behalf of UKCPM

Bunnyman1

So I have received a LBC as stated in the title. I'll put the main things in bullet points to try and keep it concise.

- PCN given in March 2018 for not displaying permit
- Space was in the apartment complex I live in, I have a valid permit, it had fallen into the
passenger seat or footwell (can't fully remember) on this occasion
- I have pictures of the signage on site if you would like to see that
- The site has 3 different types of spaces with 3 different permits, this is not mentioned on the
signage, not directly related to my case but thought it could maybe help contesting bad
signage
- To date I have ignored all correspondence and have sent them no information or appeal

I'm reading from the newbie thread that I should ask for an SAR, send a response to the LBC and complain to the landowner. The SAR seems straightforward but I have no idea what to put in the LBC response. Should I just copy and paste something from another case or does it have to be specific to my case?

Any more info needed? Thanks in advance for any help

Coupon-mad

As it's a residential car park and you live there, you have primacy of contract.

Start discussing with BW Legal (not by phone, I don't mean verbally discussing!) the fact you live there and have rights & easements to park, under a lease that supersedes any attempt by a third party scum parking firm to add some jumped up contract to bolt onto your lease (clue - they can't, in most cases).

Read the Parking Cowboys page on residential parking, and search this forum for derogation from grant and primacy of contract. See all the cases exactly the same and crib from the best wins!

You need to write something robust, and you will find loads of examples by reading.

The_Deep

Read this

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

As this scum has no role in residential parking please complain to your MP. It is the will of Parliament that these scammers, (very often former clampers), 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.

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.

Bunnyman1

So I found this as a reply to the LBC on the forums, is this fine to send or should I alter it to the situation at all? Also is it acceptable to send it via email or does it have to be sent as a letter.?

Dear Sirs,

Thank you for your letter of 11th September 2018
You have sent a Letter Before Claim, however, your letter contains insufficient detail of the claim and, fails to provide photographic evidence. You state you have sufficient evidence to support this claim but your letter does not contain any mention of what evidence your client intends to rely on, or enclose copies of such evidence.

I require your client to comply with its obligations by sending me the following information/documents:

1. whether they are pursuing me as driver or keeper
2. whether they are relying on the provisions of Schedule 4 of POFA 2012
3. what the details of the claim are (where it is claimed the car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed)
4. a copy of the contract with the landowner under which they assert authority to bring the claim
5. a copy of any alleged contract with the driver
6. a plan showing where any signs were displayed
7. details of the signs displayed (size of sign, size of font, height at which displayed)
8. If they have added anything on to the original charge, what that represents and how it has been calculated.

I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).
Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

Yours faithfully

Also from reading other posts I'm not sure if its relevant at this stage but with regards to the lease all it says regarding parking is this:

Cars and Parking
- To park a private vehicle only at the Property.
- To park in the car parking space, garage or driveway allocated to the Property, if applicable.
- To keep any garage, driveway, or parking space free of oil and to pay for the removal and cleaning of
any spillage caused by a vehicle of the Tenant, his family, contractors or visitors.
-To remove all vehicles belonging to the Tenant, his family or visitors at the end of the Tenancy.
- Not to park any vehicle at the Property that is not in road worthy condition and fully taxed.

Does this give me primacy of contract or not?