Gladstones LBC help to prepare

Frozenfire

Good afternoon all.
So, after spending a lot of time reading similar cases and going through Newbies, I am now at the stage of starting a thread and setting up a defence.
(PCM UK LTD)

What happened-
My vehicle was parked xxx xxxx xxxxx x xx
It was there roughly 5 to 10 minutes for driver to sign in and ask the manager where to park to carry out work, the work involved would mean carrying heavy and dangerous items so naturally needed to park as close as possible. Driver had assumed the rear car park was for members with a key-code or card to gain entry.
There was a van parked in front of mine and consequently- was covering up the only parking sign that was nearby.(This is evident on one of their photos)
Apparently My vehicle had "parked within a restricted area" and should of used the 'clearly marked bays'(The 'bays' were full)
The bays are not clearly marked, just different coloured paving blocks.
My vehicle is parked to the right of said bays. Not blocking the road, not blocking other cars and not blocking pedestrians.
Cars park here all the time, so obviously a 'trap'
There is a sign on the way in to this area of retail park, the only thing possible to gather from this when driving passed is that you can park here, as the only thing big enough to read is the big green 'P'

Where I am at-
So got a letter, the usual, I have appealed to them to no avail etc etc.
Trace recovery- Ignored.
Gladstones LBC xdate removedx
xdate removedx I have emailed them telling them to put on hold until SAR is back from PCM.
SAR sent and returned by post Saturday xdate removedx (Dated as xremovedx by them)

The letter that came back with the SAR says-
"By parking you entered and agree to a contract for the use of the land. As part of these contractual obligations, you agreed to pay a charge and to pursue this debt, we processed your data. Photographic evidence was taken at the time of contravention in order to evidence this agreement and to comply with all relevant legislation"
They have sent copies of their letters with the two photos and a copy of my receipt I sent them to show I had to work at xremovedx. Also sent a copy of my original appeal and the DVLA data.

An odd thing to note- The charge went to £100 and then went back down to £60 when they sent my appeal rejection!
It is now sat at £160 with Gladstones.

Today- I need to send a reply to Gladstones, I have a reply form template so I am going to tick 'I dispute the debt' and nothing else then send as recorded delivery, is this right?

I am also struggling with reading all of these defence templates. and feel like I am in a muddle. I can only copy them and add what is relevant and delete what is not. But I feel this wont work.
Can anyone show me a simple defence with a few lines? Does it really have to go into massive paragraphs?
I am struggling with time (running a small business and getting my house safe for the family and juggling budgets), is it better to just pay these people? Or maybe try and email either PCM or Gladstones and try and settle back to the £60?
I have already had 3 arguments with the wife due to spending all this time researching something that I am so unfamiliar with. (I work in construction)
At the same time, I cannot stand scammers. If it were £30 I would of just paid it!

Any help will be greatly appreciated and I will endeavour to keep this thread updated with the final result.

Thanks In advance.

Quentin

You don't need to return their forms at all so don't! (What template are you intending to send them?)

See post #2 in the newbies FAQ thread near the top of the forum for advice on responding to a LBC

Await the claim from the court

Follow the advice in that thread on how to deal with a court claim if and when it comes

Frozenfire

Thank you Quentin, Just scanned it again and noticed I don't need to reply to Gladstones.
They haven't replied to my email so will wait it out I guess.

Can I win this case with the right defence?

Le_Kirk

Now I know you are not going to post anything, the advice is diluted but never send anything to a PPC (scammer) by any recorded or signed for service (or whatever it is called this week) as all they have to do is refuse delivery and they have proof it wasn't delivered!

Frozenfire

Good afternoon all,

Had a reply from Gladstones today dated xdate removedx
Replying to my request to halt processing my data while I have applied for the SAR from PCM.
Basically stating they are allowed to process my data.
They also say they have extended it for 30 days to 5th August!!:rotfl:

Now to wait for the actual claim!
Was thinking in the meantime about sending them an email to settle for £50.
I may be working in spain for a while so don't want to worry about attending court!
Would they accept? Maybe I can highlight their track record for court claims for PCM?

Frozenfire

Claim came today 7th Sept 2019.
I will send the AOS and prepare defense.
Anyone want to add any tips before I dig out some old defences from forum?

Many thanks.

Fruitcake

What did the gym manager say when you complained?
Have you suppled the gym with an itemised invoice for the work carried out, adding in the extra costs of the parking charge?

Don't use old defences, use the latest and most up to date.

Read the guide to court written by bargepole you will find in post 2 of the NEWBIES.
Do the AoS first, but put absolutely nothing in the defence box, not even a full stop.

Get pics of the site and signage.



Complain to your MP about this unregulated scam.

Umkomaas

Frozenfire wrote: »

Claim came today 7th Sept 2019.
I will send the AOS and prepare defense.
Anyone want to add any tips before I dig out some old defences from forum?

Many thanks.

Please give us the Date of Issue shown on the claim form, from which KeithP will give you all the correct deadlines to work to and some other helpful advice.

Frozenfire

Fruitcake- Gym Manager said they were powerless, told me to contact business park manager which I am still waiting a reply.

Umkomaas- Date of issue is 6-9-19, I have it in my calendar to submit defense by 11-10-19

I am currently preparing defence which I will post for you guys to have a laugh at.

Do I also need to prepare a WS for myself? Or is this just for 3rd parties?

Many thanks.

Le_Kirk

Witness Statement (WS) comes later in the process after you have submitted your defence and then received and submitted your DQ.

Umkomaas

Umkomaas- Date of issue is 6-9-19, I have it in my calendar to submit defense by 11-10-19

I am currently preparing defence which I will post for you guys to have a laugh at.

Do I also need to prepare a WS for myself? Or is this just for 3rd parties?

First priority is to send the AOS, but not until after 5 days of the date of issue, as the assumption is 5 days for service. Sending early will foreshorten your time to prepare your defence (note the correct spelling here in Blighty!).

The WS will be for yourself to give your account of the incident and also your opportunity to submit your evidence. But this stage is probably 6 weeks away and won't come until you've been allocated your court date and venue.