Gladstones Letter Before Claim

ts6789

Hi,

I have received a Letter Before Claim letter from Gladstones. I have sent their client a SAR which they are currently processing. I also sent Gladstone's a letter requesting they put the case on hold for data processing however, as expected they have rejected. So i'm putting together a response to the LBC.

I would be grateful if someone could confirm if the following response is up to date and accurate? The Newbies thread links to a 2013 post which I assume is out of date. I found the following from a post in 2018.

Dear Sirs,

I am in receipt of your Letter Before Claim of [Date].

The letter that I received does not provide me with sufficient detail of the claim, nor does it provide any evidence that you stated in your letter that your client is relying on. Your client must come to understand that on 1st October 2017, a new protocol came into action regarding debt claims. Since the claim proceedings are taking place after this date, the new protocol must be adhered to.

The letter that I received from yourselves does not meet the requirements of the previously valid Practice Direction – Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d)), 5.1 and 5.2. As you and your client should be well aware, the previously used Practice Direction and the Protocol, which is applicable from 1st October 2017, are legally binding to all parties of any sized debt claim. It is in place so that prior to court proceedings, all parties understand the claim and their particular positions in relation to it, ensure that parties can take stock of their positions and also negotiate a settlement before the claim goes to court as to mitigate court costs and also valuable court time.

I am requesting all the documents/information that the new protocol state that your client has to produce. As a result of not providing this information from letter before claim, your client should not issue any proceedings without complying with the protocol requirements. I must also state that I reserve the right to bring to light any failure of the Claimant to obey with the protocol to the attention of the court, and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when any costs come to be considered.

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

1. An explanation of the cause of action
2. Whether they are pursuing me as driver or keeper
3. Whether they are relying on the provisions of Schedule 4 of POFA 2012
4. What the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. Is the claim for trespass? If so, provide details.
7. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 establishing yourself as the creditor.
8. A plan showing where any signs were displayed
9. Details of the signs displayed (size of sign, size of font, height at which displayed)
10. Provide details of the original charge and detail any interest and administrative or other charges added
11. Provide a copy of the Information Sheet and the Reply Form

If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

Lastly, I cannot properly respond to this claim filed against me, I am also unable to understand my position in relation to it until your client has fulfilled their responsibilities as the Claimant, by providing me with the sufficient information that is required of them to go forth with any court proceedings. If your client still proceeds without this information provided, I will seek immediate stay pursuant to paragraph 15(b) of the Practise Direction, and an order that this information is provided.


Yours faithfully

Coupon-mad

Not sure why you are trying to send that ancient 2017/18 'rebuttal' when the NEWBIES thread says not to use any such template?

The Newbies thread links to a 2013 post which I assume is out of date. I found the following from a post in 2018.

Surprisingly, no.

The sticky thread has relevant links (there are only a few things I really must edit/update, but the LBC and court process links are not among them).

ts6789

So at this stage is it best to not respond to Gladstones at all given I have submitted an SAR to their client UKCPM? I have until 2nd May to either respond or pay.

A bit of background on this ticket: there are two parking firms which operate in my residential estate as the estate is managed by two different housing associations. I parked on my side of the estate which is managed by Countrywide parking but I received a ticket from UKCPM who manage the other side. I assumed they just made a mistake and issued a ticket in the part of the estate where they're not allowed to. However, I've just realised they actually have a sign up right near where I parked. Right opposite that sign there is one from UKCMP so it's technically not clear who manages the space that I parked in. Would this work in my favour? Also, is there a way to check that they haven't wrongfully put their sign up in the wrong part of the estate?

See below an image of the sign from that day - assuming given it's rather unclear I can request a clearer picture?

hxxps://drive.google.com/file/d/1PQThoo-UkWxpmaNhZX8FwVrbwgMfvtBi/view?usp=sharing

The_Deep

As virtually all of these PNCs issued by PPCs are a scam I suggest that you enlist the support of your MP, they are well aware of the MO of these parasites and on 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.

Coupon-mad

ts6789 wrote: »

So at this stage is it best to not respond to Gladstones at all given I have submitted an SAR to their client UKCPM? I have until 2nd May to either respond or pay

One of my edits due to the NEWBIES thread is to tell people to tell BW Legal/Gladstones/SCS or whichever solicitor sent the LBC, that the Defendant is 'seeking debt advice' (which makes them put it on hold).

So email and say there is a SAR in with their client AND you are seeking debt advice so the case must be placed on hold.

A bit of background on this ticket: there are two parking firms which operate in my residential estate as the estate is managed by two different housing associations.

I parked on my side of the estate which is managed by Countrywide parking but I received a ticket from UKCPM who manage the other side. I assumed they just made a mistake and issued a ticket in the part of the estate where they're not allowed to.

However, I've just realised they actually have a sign up right near where I parked. Right opposite that sign there is one from UKCPM so it's technically not clear who manages the space that I parked in.

Would this work in my favour? Also, is there a way to check that they haven't wrongfully put their sign up in the wrong part of the estate?

See below an image of the sign from that day - assuming given it's rather unclear I can request a clearer picture?

hxxps://drive.google.com/file/d/1PQThoo-UkWxpmaNhZX8FwVrbwgMfvtBi/view?usp=sharing

https://drive.google.com/file/d/1PQThoo-UkWxpmaNhZX8FwVrbwgMfvtBi/view

Sounds like the boundary is not clear at all as to which PPC infests where.

Ask your HA for the parking map showing where their pet PPC can infest and where the other PPC can infest. Tell them it is needed for court evidence and is not protected data and it's perfectly reasonable for a resident to need to know this, so as time is of the essence you ask that they reply within 14 days.

The_Deep

If your HA is a registered charity, complain to HM Charity Commissioners, charities should not get into bed with these scammers.

ts6789

I have just received a court claim and unfortunately only have 1 day to respond - I haven't been at my residence for a while! I will likely complete the Acknowledgement of Service form however I am bit worried about my defence. I contacted my HA requesting a parking map however they have not responded which I think is a critical piece of evidence to show that the parking company did not have authorisation from the landowner to issue a ticket. What would be my best defence if I'm unable to retrieve such evidence?

KeithP

To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

That'll give you an extra fourteen days.

What is the Issue Date on your Claim Form?

ts6789

The issue date is 17th July so assuming deadline is tomorrow?

KeithP

ts6789 wrote: »

The issue date is 17th July so assuming deadline is tomorrow?

You are mistaken.

With a Claim Issue Date of 17th July, you have until Monday 5th August to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 19th August 2019 to file your Defence.

That's nearly three weeks away. Loads of time to produce a perfect Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

ts6789

Thank you. I have submitted my AOS and will get started on the defence. I'm assuming the following would be my main arguments but would be grateful for any views on whether this is the best strategy?

Primacy of contract:
- my tenancy agreement states that the following: "You, members of your household and your visitors will:
- only park in marked parking areas
- comply with any parking schemes running at the estate". However, the parking company which issued the ticket is not the one which has been contracted out by the housing association. It's the client of the other landlord which operates in the estate.

- The signage- there are two signs parallel to each other from two different parking companies so it is unclear which company operates where and who I have supposedly made a contract with