UK Car Parking Ltd - Gladstone - LBC

NanakiSco

Hi all,

Big fan. Thanks to all of you for your amazing work and contributions to shutting these guys down.

So my story is this.

I'm from Scotland and my vehicle is registered in Scotland but the alleged offence took place in England.

The vehicle was parked in a layby at the side of a road in a residential estate area in Dorset. The vehicle was parked at night and there was little to no street lighting in the area. The driver of the vehicle saw no signs giving a reason they couldn't park along the wall beside the layby or on a post in the pavement beside the layby.

Following morning there was a PCN on the windscreen from UK Car Parking Ltd for not displaying the correct permit. Usual £60 if payed within 14 days and increasing to £100. As it happends the permit that is on display in the vehicle is for my employers car park and just stays on the windscreen permanently.

Based on what I have read I now believe I was foolish to not challenge this when the NTK came through but I can't change the past. I also no longer have a copy of NTK which again was stupid. I was sure I kept it but I can't find it in my paperwork. At the time I did login to see their photographic evidence (not sure if that was a good or bad idea) and I remember thinking their photographs wern't the best as they were taken at night and very grainy. I have daytime photographs showing there is no sign near the layby and that the sign that the driver was supposed to see is behind a different set of bays and unlit meaning there would be no way the driver could be expected to see it during the day never mind at night. The pavement also does not go past this sign so it is unlikely that any person walking past would see it.

Fastforward to 10/08/2019 and I get my LBC from Gladstone dated 05/08/2019. It is a real one and not a fake one. They would now like £160.

Yesterday (13/08/2019) I sent by email my SAR to UK Car Parking Ltd based on the #2 post in the newbies thread and an acknowledgement email to Gladstone asking them to stop processing my data and informed them that I am seeking debt advice at this time. (Saw that last bit on some recent Coupon-mad posts but it isn't in the newbies thread that I can see.)

Today Gladstone have replied refusing my request which was to be expected but it also says they are extending the Pre Action Protocol by 30 days to 13/09/2018 and have made it my new deadline to pay or reply.

So yeah now we wait on the details from the SAR and the follow up email tennis and then the inevitable day in court. I really don't have a lot of money and frankly this whole thing is rather terrifying but I firmly believe they are in the wrong and I do not wish to cave. Must have spent about 8 hours reading posts over the last couple of evenings and I have a lot more reading and research to do.

Will keep you updated as it progresses. If anyone can think of something I'm missing it would be appreciated. Thanks as always for everything you all do.

Coupon-mad

Fastforward to 10/08/2019 and I get my LBC from Gladstone dated 05/08/2019. It is a real one and not a fake one. They would now like £160.

I'm from Scotland and my vehicle is registered in Scotland but the alleged offence took place in England.

Reply again by email and point out that you stay in Scotland and that you will contest jurisdiction if they file a claim and will seek your £100 fee back from their client.

Tell them that the County Court procedures do not apply to people living in Scotland and to do one.

The_Deep

and then the inevitable day in court.

But in which country? Have you read the stickies? Things are conducted differently when the motorist lives in Scotland.

NanakiSco

Hi both. I have read the stickies. My concern is if they choose to use the county court to file an out of jurisdiction request againt me under Civil Procedure 6.32 (Service of the claim form where the permission of the court is not required – Scotland and Northern Ireland) which I believe still allows them to take me to County Court.

From reading around I can't find any examples where people have confirmed cases have been dropped using the Scottish defense. A few have mentioned it and then gone quiet which can be incredibly frustrating. I just don't want to be caught of guard.

Happy to have my day in Sherrif or County Court but experience around here tends to follow County Court procedures. I'm also not sure if I can contest jurisdiction and their claim transferred to a Sherrif Court as the alleged offence took place in England so I believe English law would apply. Happy to be told I'm wrong though.

I have some time now so I shall wait on the SAR coming back and research more into jurisdiction claims to see if that is a viable path to go down.