Letter before claim, SAR requested and response received. Advice please

MostlyHarmless_2

Hi,
I received a letter before claim from "G" solicitors in January. Previously I had received various letters asking for varying sums from others including One P Soltns. As suggested on the newbies thread I sent in a SAR request for all details including photos, machine reports, signage photos. The response I received was basically a generic summary of information, mainly on who the information providers were, rather than any detail on the actual event. The only detailed elements were the letters that this solicitor had sent and my SAR request.


So what to do now?


The original incident relates to my brother, who is resident in another country, staying for a few days around Xmas and borrorwing my vehicle. He stopped in the reported bay for a short period of time to collect his spouse. He stayed in the vehicle i understand because,

1) the location was a previously notorious clamping zone.
2) his spouse would be straight out.

He did not see the parking meter and could not make out any signs from memory. (the signs are still very difficult to see).


I previously wrote to the another letter before claim request from another company, stating I was not the driver and giving them my brothers details as I believed this the correct approach at the time, i received no response or acknowledgement to this letter, neither did my brother.


Any pointers would be appreciated.


Thanks,

Redx

I would send them another letter naming the driver and his address for service of papers and mentioning that you are no longer liable under POFA due to naming the driver , one to the parking company and one to the solicitors, with a free certificate of posting from the PO Counter for each letter

in the letter state that this is the second time the parking company has been informed about the drivers details and add any extra info about the first time it was done, like dates etc, plus add that you the keeper were NOT driving at the time

attach the certificate to a copy of the letter in each case, and keep these safe at home as evidence in case they take this further, so you have proof for the court that you have named the driver and are not liable

this needs to be done BEFORE a court claim arrives, so tomorrow, go to the post office, to the counter, no dropping in a letterbox (and no SIGNED FOR and no SPECIAL DELIVERY either)

so free certificates of posting, ask and pay for the stamps at the counter whilct asking for the certificates

this is so you have evidence of doing what you as keeper are asked to do in the original NTK and by POFA2012

MostlyHarmless_2

Thanks for the reply Redx, I will dig out the dates and forward a letter through. Can I just generate a simple letter based on your comments or do I need to use a template-y letter mentioning the I am excused based on a certain article of the POFA.



I think last time round i did a signed for or special delivery, did they somehow refuse acceptance of this communication which is why it is best avoided?


On the SAR response information, some of the details had been passed to the solicitors from Experian, is this likely to have affected my credit rating from Experian?


Thanks for your time.

Coupon-mad

NEVER use recorded or special delivery to to a PPC or their solicitors, it just lets them off receiving it by refusing to sign, then all you've paid for is proof of NON receipt!

A letter sent by ordinary 1st class post is deemed delivered (unless proven to the contrary) 2 working days later.

All you need is a free Certificate of Posting from the PO Counter - and keep it stapled to your copy of the letter giving your brother's name and address.

In your case I would state that you sent this information to transfer liability to the driver already, in a Special Delivery letter sent to xxxxxxx company, around xx/18 (date).

Tell them this time you have kept proof of posting so your transfer of liability is hereby served.

And why not email a copy of it to the parking firm, too.

If you're saying it's OPS, thus far they never sue anyone so are you sure the letter isn't just a fake one (borrowed letterheading from Gs) from DRP telling you to pay DRP?

MostlyHarmless_2

Thanks for the reply, and apologies for the delay in responding, I've had other family matters to attend to.


It looks like a formal letter from the G solicitors, and the SAR response that I had was from them (or from someone with access to similar email addresses!). I was surprised at the lack of detail in the SAR to be honest.



I've sent a letter to G solicitors and to OPS, stated that I'll keep proof of posting and advised of my brothers address overseas. Do they have any comeback from the fact that he is overseas ?

Umkomaas

It looks like a formal letter from the G solicitors, and the SAR response that I had was from them (or from someone with access to similar email addresses!). I was surprised at the lack of detail in the SAR to be honest.

The critical question relating to any letter received on a Gladstones letterhead is - to whom does the letter require you to pay? We're still not clear on that, can you confirm please?

The_Deep

If they continue to bother you complain to your MP.

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

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 Second Reading in the Lords this month, and, with a fair wind, will l become Law later this 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.

Fruitcake

MostlyHarmless wrote: »

Thanks for the reply Redx, I will dig out the dates and forward a letter through. Can I just generate a simple letter based on your comments or do I need to use a template-y letter mentioning the I am excused based on a certain article of the POFA.

I think last time round i did a signed for or special delivery, did they somehow refuse acceptance of this communication which is why it is best avoided?

On the SAR response information, some of the details had been passed to the solicitors from Experian, is this likely to have affected my credit rating from Experian?

Thanks for your time.

Just a simple letter. You quote the PCN number, VRN, and any other reference/claim numbers. You state who the driver of this vehicle was on the date of the alleged event, and give their overseas address for service. You state that this discharges your liability as keeper so they must now cease and desist all contact with you save to confirm they have received your letter and they will now delete all your personal data from their systems.

If the scammers solicitors try to hold the keeper liable afterwards you should complain to the SRA. If they say the address has to be in the UK, they are lying and this should also result in complaints.
Likewise complain to the DVLA if the scammers themselves tell similar lies or continue to harass the keeper.

Send an SAR about a month later to the scammers and their agents asking to know what data they hold about you. If they still have any, you complain to the ICO and the SRA.

We don't know if the scammers refused to sign for your previous contact, but if they did, then they have proof it was never received. That's why you should never use such a method.

Nothing should affect your credit rating unless you have something like an outstanding/unsatisfied CCJ. This involves losing in court and not paying the judgement.

Your best bet is to look at Experian to check your credit score. You could send them a SAR as well.

In addition to the above, you should complain to your MP about this unregulated scam. Ask how it can possibly be right that you should end up in court for something done by a person living in a foreign country? Ask how can it be right for someone who was not even in the car at the time of the alleged event can be held liable for the actions of someone else?

Umkomaas

some of the details had been passed to the solicitors from Experian

What details have Experian passed on? Did you provide them with permission to do so?

MostlyHarmless_2

Thank you everyone, and again apologies for the delay in replying.

Umkomaas - It is G solicitors who appear to be the recipient of any payments. The telephone number / account numbers are listed as G solicitors.
Experian provided Name, Address and date of birth to the solicitors. They didn't actually show the data they received from Experian, just tabulated the "categories of data" they hold which seemed to be a triplicated cross reference check of the Experian information from Patron Hallow Ltd and Paragon CC.

Fruitcake and The Deep - Thank you for suggesting I should contact my MP. I shall do this. Do I need to just refer to the particular case or should I copy any correspondence into the letter?

I like the idea of a SAR as a follow-up to see if G solicitors have logged my letter, but I must say I was disappointed about the level of detail they supplied on the initial contact. I assume legally they would have provided me everything that they have on file.

Half_way

G solicitors?
Gladstones?