Gladstone Solicitors - Letter Before Claim

Oli2019

Hi all

In June 2018 I became embroiled in two parking charge disputes with GS Car Park (Elite Management (Midlands) LTD). The car park provided free parking for gym members through the use of a number plate entry system upon entering the gym.

From the two disputes, only oneNotice to Driver/Hirer letter was received. As this was received in good time I was able to successfully appeal to POPLA - hxxps://forums.moneysavingexpert.com/showthread.php?p=76113851

However, the first letter received for the other dispute was already at the stage of "balance owed is £170 and now includes late payment and recovery charges", I was outside the window of making a POPLA appeal. I believe the initial letter may have been sent to the elsewhere as vehicle was on lease although I can't be certain.

At the time I received a number of letters pressuring me to pay£170 with threats of CCJs and so forth. These came from ZZPS and QDR Solicitors. I responded to all with :

Good afternoon

I’ve received three letters alleging a debt owed to Elite Management (Midlands) LTD. I’ve felt unable to respond to these letters as I’ve received no letter from Elite Management giving notice or evidence of any dispute. By not receiving a PCN in the post, I have not had the opportunity to appeal.

If it transpires that Elite Management claim I have breached a contract, then I presume this is in relation to my using the parking concession VRM system in attending “The Gym Group” gym to which I’m a member. In anticipation, I’ve attached an email from the manager of the gym confirming time of entry and exit which should establish fair use in relation to my parking. I hope that this, along with a recently upheld appeal through POPLA that GS Car Park signage is insufficient in relation to concessionary procedure, is enough information to conclude that the operator has incorrectly issued the parking charge (not including the insufficient notice given).

Thank you for your careful consideration of this case and I look forward to your correspondence.

Now almost a year later, I recently received a text from Gladstone Solicitors stating payment was due. Having verified it wasn't spam, I called the number and it transpires they had sent a letter to my old address (correct at the time of the incident but I moved in November 2018 and updated DVLA & Electoral Register etc.).

They forwarded the letter to my new address. The amount they are seeking is now £120. The letter states "we have now been instructed to commence legal action against you to recover the amount due above, as you have failed to settle the debts that are now owing, or provide a valid reason for non-payment".

The covering letter adds "if we fail to receive payment in full within the next 14 days, we are instructed to commence legal proceedings against you without further notice. Proceedings will be served on you at the address in the attached Letter Before Claim".

They have my new address but are threatening not to use it!! I've since responded with:

Hi

Thank you for forwarding the letter dated 14th June 2019 to my new address. I can see that on the forwarding letter dated 25/07/2019 (received today 02/08/2019) you state “if we fail to receive full payment within the next 14 days, we are instructed to commence legal proceedings against you without further notice. Proceedings will be served on you at the address in the attached Letter Before Claim.”

Please be mindful that choosing to pursue legal proceedings without further notice to my new address and having such proceedings served at an address you are aware I no longer reside at will not give me the opportunity to defend any case put forward. This will also lead to unnecessary use of the court’s time in correcting any decisions made in light of not receiving notice.

Thanks for your understanding. Look forward to hearing from you.

Is there anything I can pro-actively do to make sure I'm notified? On a plus note, there is confirmation from the gym manager of time of entry and exit from the gym which confirms the car park was used appropriately. Would this be a suitable defence?

Sorry for the ramble. There's a part of me that wants to pay the £120 for piece of mind but then I think of the principle of the matter and the scaremongering psychology used in the letters; and I really don't want such a business model to be rewarded. Thanks in advance for any insights into how best to proceed.


Oli

Quentin

Also write to the PPC with your correct address for service and ask them to amend their records

Throughout here you are advised never to reveal who was driving

You need to edit your post to remove details of who was driving

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

brewdog

fight it in court- use the recent case against BW LEGAL that got dismissed by Judge Taylor in southampton court case no F0DP201T For abuse of process (added £60) that they cant claim for ,its worth a try

Oli2019

Thanks Quentin, I've made a few subtle amendments although was planning on refuting the PCN on the basis that I had concessionary parking for free (I can evidence this), I have a POPLA decision that states signage was insufficient for concessionary parking instructions and I was not given sufficient notification of the PCN within 28 days. Querying the driver at the time in addition to the above appears to conflict but I'll do my best to resolve it.

Oli2019

Hi brewdog


I get the impression it will go to court regardless of what I do now. I've had a quick browse of the case and will incorporate it in any defence made.


I can see there's useful information from h**ps://forums.moneysavingexpert.com/showthread.php?t=5910821
but now that I'm passed that "30 days to reply" from GS is it still worth me sending them a reply of some sort?

The_Deep

This is the abuse of process decision to which brewdog refers.

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.

Oli2019

The_Deep wrote: »

This is the abuse of process decision to which brewdog refers.

h**ps://forums.moneysavingexpert.com/showthread.php?t=6014081

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

h**p://w**.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.

I've had a read and will incorporate it if it gets to that. The current request for £120 also appears to breach POFA2012.


Does anyone know if Elite Management initially claiming for £170 makes a difference to the case and is there a suitable defence I can put forward regarding not receiving the initial letter?


Finally, although I'm looking forward to seeing justice done - I'll definitely put in the time and will look to bill them for it - I'm also open to offering a small sum without prejudice to save everyone time. Does anyone know if this is something I can or should consider? Thanks.