LBC Smart Parking LTD - HELP PLEASE

LanaDN

So today I received a LBC from Gladstones Solicitors. Apparently they've sent letters to a previous address advising that they are instructed to commence legal action to recover 5 lots of £160 parking charges in B&M car park.

The letter says pay or reply before 18th April, and that any reply after this date may not be considered and legal proceedings will likely have to be issued. Payment is to be made to the DRP.

Any advice on how to deal with this?

Quentin

Self help is the way to understand this and how to deal with it!


Read up on this in the Newbies FAQ thread


If it's a proper letter before claim, then #2 of the FAQ covers court claims from receipt of the LBC to the hearing


If you have used your real name as your forum name then you need to get MSE to change it to something anonymous


The ppcs monitor this forum and can use posts in your thread against you

Coupon-mad

Why not just search & find the other Gladstones Smart case that is currently at the same stage? It's all been said there, and you can fight this.

LanaDN

My real name hasn't been used, thanks.

LanaDN

I don't understand the Newbies section or what I need to do next

The_Deep

Read what Pete Wishert MP said in the House of Commons recently about Smart Parking.

"I am sick and tired of receiving emails from people complaining about the behaviour of parking companies, telling me that they will never again visit Perth city centre because of the negative experience they had when they had the misfortune to end up in a car park operated by one of these companies. I have received more complaints about one car park in the city of Perth than about any other issue. That car park is operated by the lone ranger of the parking cowboys: the hated and appalling Smart Parking—I see that many other Members are unfortunate enough to have Smart Parking operating in their constituencies. It has reached the stage where one member of my staff now spends a good part of each day just helping my constituents and visitors to my constituency to navigate the appeals process.
…
The BPA does not have the ability to regulate these companies and has shown no sign whatsoever that it is trying to get on top of some of the sharper practices. The BPA gives a veneer of legitimacy to some of the more outlandish rogue operators by including them in their membership, allowing them to continue to operate. The Bill will oblige operators such as Smart Parking to amend their practices."


I can't imagine how I could have gone over that).

Get your MP on board, they are totally on your side.

On 15th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

They are scammers, they could be lying, get your MP on side.

On 15th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Le_Kirk

Are you saying you did not receive ANY letters from the PPC, solicitor or Debt Recovery companies before this LBC? Did you receive 5 x PCNs? Is the LBC a proper one, i.e. does it give you thirty days to pay, does it include financial forms (do not fill them in by the way). Have you recently moved and failed to update your V5C with the DVLA?
If the LBC is a proper one then you need to look at the NEWBIE thread post # 2 and look at this bit: -

If you have a real 'Letter of claim' or Letter Before Claim (LBC), a claim IS likely. I don't mean one asking you to pay a debt collector, I mean a 'real' LBC like here, which you can tell due to the 30 day deadline and mention of reply forms:

https://forums.moneysavingexpert.com/discussion/comment/75406142#Comment_75406142

This is a chance to see the parking firm's hand - to send them (NOT their solicitor, if they are using one) a Subject Access Request 'SAR' listing what you want to see by way of data they hold about you:

https://legalbeagles.info/library/guides_and_letters/court/subject-access-request/

You can find out where to send the SAR (usually by email) by looking on the Parking firm's PRIVACY webpage, telling you where to send a SAR or any 'data concerns' to their Data Protection Officer. You should NOT have to supply intrusive ID like your driving licence or Passport, that's excessive - and if they are sending a LBC then they already hold sufficient data to ID you!

A SAR is free. Ask for (as a minimum):

- ALL photos taken
- all letters/emails sent and received, including any appeal correspondence earlier
- if the car park was Pay and Display, ALWAYS ask for a PDT machine record from that day, of payments made (VRNs can be partially redacted but insist on getting this and follow it up if they refuse).
- all data held, all evidence they will rely on, and a full copy of the PCN, NTK
- and a list of all PCNs they consider are outstanding against you and/or this VRN, and remind them that any claim must be for all PCNs in one claim, not several separate claims.

Coupon-mad

LanaDN wrote: »

I don't understand the Newbies section or what I need to do next

Then you will lose. Not joking. YOU CANNOT JUST BE HELPLESS LIKE THIS.

Get someone to read it with you, and NOT on a phone.

I didn't actually point you to read that...I told you what to search for.

LanaDN

The letters went to my old address and they've traced it to find my new one.

I don't know if it's a proper letter but it's on Gladstones paper and they're asking for payment to be made to the DRP.

It gives until the 18th of April to pay, but they've attached a letter that they sent to my old address last month giving 30 days to pay.

LanaDN

Hi again. Sorry to ask further questions but I'm just trying to get things straight...

I'm using the template in the Newbies section to send in the first appeal. When it refers to the appeal box what does it mean? The letter says that if there is a valid reason for non-payment then the reply form on the Gladstones website should be used - is this correct?

Coupon-mad

I'm using the template in the Newbies section to send in the first appeal.

No, you most certainly are NOT.

Please just read the second post of the NEWBIES thread, not the first about appeals.
You are not at appeal stage.

LanaDN wrote: »

I don't know if it's a proper letter but it's on Gladstones paper and they're asking me to contact DRP to make a payment.

That is not a real one, but the previous letter to the wrong address (giving 30 days) sounds like it is.

You need to reply to confirm the correct address for service.

And as the NEWBIES thread tells you (SECOND POST) send a SAR by email to the PPC themselves, using the contact email they give on their privacy data webpage.

When emailing that SAR, I would also email the PPC a 'rectification notice' telling them to erase the old address immediately and that any court claim MUST come to xxxx xxx (new address).

That covers you and means you will not miss a claim to respond to.