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LBC - Gladstones/UKPS

Loda
Loda Posts: 5 Forumite
edited 15 April 2019 at 12:13PM in Parking tickets, fines & parking
Hi,
We've received a Letter Before Action this week from Gladstones, working for UKPS Ltd. This is the 9th/10th letter after 9 months of threats/demands. We hadn't previously responded. I didn't find this website until the debt collector stage and duly followed the guidance of ignoring those letters but unfortunately didn't appeal so we've not make any contact yet.

As a new user I can't upload pics but the letter clearly states 'Letter before Claim' and the ref is formatted as 1#####.####. According to another user I read on a forum this indicates it's a legit LBC.

I've read in particular the 2nd post in the sticky re. LBCs although I'm still working my way through the attached links there (about halfway through). So apologies for not completely familiarising myself with this process but the reading is a bit heavy going (especially all these acronyms).

I expect this to progress further so initially I guess I just wanted to give a bit of background and create somewhere here to chronicle it and give myself a place to ask any more pertinent questions in future. I'm expecting the defence and witness statements are going to be the most taxing...

My only real question(s) at this stage is am I correct in thinking that the SAR request to UKPS should be my starting point from where I am now, accompanied by a request to Gladstones to delay proceedings (which they'll likely reject)? - I have these letters ready to be sent thanks to the template link provided here.

I've seen some people on this forum and another talk about referring to Beavis & another older case beginning with 'O' which I forget now, seemingly in response to the LBC but is this appropriate here or is the SAR sufficient for now?


FYI - we over-stayed our ticket by 10mins exactly within one of their car-parks (by a library) and that's the crux of our problems here but I've seen a few defences so far and feel I can draft a more elaborate defence thanks to the help here, especially re. grace periods. I take it that's needed further down the line though...

Thanks
«1

Comments

  • rachity
    rachity Posts: 133 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 15 April 2019 at 1:10PM
    Loda wrote: »


    FYI - we over-stayed our ticket by 10mins exactly within one of their car-parks (by a library) and that's the crux of our problems here but I've seen a few defences so far and feel I can draft a more elaborate defence thanks to the help here, especially re. grace periods. I take it that's needed further down the line though...


    Download IPC Code of Practice


    See grace periods
    CAVEAT LECTOR
  • Quentin
    Quentin Posts: 40,405 Forumite
    Acronym meanings are set out in #5 of the FAQ

    If you come across any not explained there then Google

    If you have used your real name in your post then edit it out.

    The ppcs monitor this forum and can use posts in your thread against you
  • Umkomaas
    Umkomaas Posts: 43,793 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    rachity wrote: »
    Download BPA Code of Practice.


    See 13.4....grace periods

    UKPS are IPC operators. @ OP - check out the IPC Code of Practice.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Le_Kirk
    Le_Kirk Posts: 25,120 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Loda wrote: »
    As a new user I can't upload pics but the letter clearly states 'Letter before Claim' and the ref is formatted as 1#####.####. According to another user I read on a forum this indicates it's a legit LBC.
    Other factors determine if it is a genuine LBC, such as; did they give you 30 days to respond; did they include financial forms (which of course you do not fill in) and did they include the POC, with all the evidence they are going to rely on if/when it goes to court?
  • Quentin
    Quentin Posts: 40,405 Forumite
    Kk
    rachity wrote: »
    Download BPA Code of Practice.


    See 13.4....grace periods

    See Poster's Sig

    Caveat Lector = READER BEWARE

    (BPA COP is irrelevant when dealing with an IPC member company)
  • rachity
    rachity Posts: 133 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Umkomaas wrote: »
    UKPS are IPC operators. @ OP - check out the IPC Code of Practice.


    Cheers for the fix, Umkomaas.
    https://theipc.info/downloads
    CAVEAT LECTOR
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Ten minutes is well within the grace periods to find a parking space, queue to pay, read their voluminous T&C, and queue to leave , they are trying to scam you. IMO, if the were daft enough to take this to court they would crash and burn.

    If they have sent you 9/19 threatening letters, consider a counter claim for harassment, and get your MP on side, they are drawing up a new regulations to control these scammers.

    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.
    You never know how far you can go until you go too far.
  • Loda
    Loda Posts: 5 Forumite
    edited 15 April 2019 at 12:47PM
    Thanks everyone, there's a few things there I'll try and address concisely/update on:

    Quentin, Rachity & Umkomass - Thanks for the clarification and I did wonder if the operators checked these types of forums, it's ok the ticket's not in my name but I've followed your advice.

    I was already sitting on the IPC link which I can't post again (grace periods 15.2) but good to know I'm on the right lines.


    Le_Kirk - yes to the 30 day period to pay, no to the form to pay. In terms of the POC part (which I had to look up and I'm still not confident I really know what that is (POC = Particulars of Claim (the short paragraph on the left middle of a claim form, with very sparse facts)). There isn't really anything about the case just an opportunity to state if we think we shouldn't be charged. It does say they have been instructed to take legal action against us and any replies out of the 30 day period may not be consider due to legal proceedings being commenced. It is clearly titled LETTER BEFORE CLAIM in caps at the top but I'm none the wiser now to be totally honest...


    The Deep - Thanks, I will write to my MP. In terms of counter claims would I think about doing that straight away? I've seen links in the 2nd post of the FAQs re. this, is that a good place to start in terms of educating myself?


    I'll get those SAR letters posted today.
  • rachity
    rachity Posts: 133 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Apologies over the misstated AOS membership (IPC, not BPA).


    There are so many UKsummatorothers that it gets a bit confusing!


    (That & the fact that they're a bit stingy with the meds in here!) :D
    CAVEAT LECTOR
  • Loda
    Loda Posts: 5 Forumite
    edited 15 April 2019 at 1:06PM
    No worries I appreciate the engagement and as I say I already did a bit of digging on grace periods prior.. No harm done - if there was any doubt I would have likely got both anyway.
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