Letter Before Claim from Gladstones

GarageHermit

Hello

I have a LBC from Gladstones relating to an NTK from October last year, following two failed appeals. I have read the newbies thread and found it very helpful, I have just sent SAR to UKCPM and email to gladstones requesting to put the case on hold as per newbies thread.

I now have a question though, do I need to send off the slip on the LBC to request paper copies now or shall I wait for the inevitable refusal from gladstones? Also do I need to fill in their reply forms within the 30 days or they send separate court papers so i can us the normal responce with moneyclaims website? The last thing I want is to miss a deadline because I was waiting for an official court letter of claim.

Thanks in advance

Redx

No , fill nothing in , you have done all you need for now

The mcol won't come for a few weeks

The SAR reply should arrive in time , which is the main thing

The_Deep

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, many of whom are former clampers, 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

GarageHermit

Thanks everyone for your help so far.

What should I say when I write to my MP?

I have been issued a claim form as of 6/12/19. Have already acknowledged it though the money claims website so now need to start writing my defense. I am researching similar threads but if any of you have ideas of good defenses to include that would be very helpful. My main points of defense so far are:

-only one sign that can easily be blocked by a tall car.
-no clear separation between restricted area of the car park and the rest of the car park which is unrestricted.
-vehicle was parked for well within the typical grace period.
-PCN was issued using now banned mobile app by member of the public and not a member of UKCPM staff.
-no marked bays at all, making signage incorrect.

I filled out forms for SAR to UKCPM on 7th Oct however have not heard anything back since, I did refuse to send them a copy of my driving licence as I felt it was not relevant and excessive, quoting Principle 3 of the DPA. What is the next step if they do not respond within the 30 days they are obliged to?

Apologies for all the questions.

beamerguy

And has Gladstones added a fake £60 to their claim ??

GarageHermit

Of course they have, says its for contractual costs whatever that means plus a statutory interest of £14.04

The amount claimed is now £174.04
Court fee £25.00
Legal representatives costs £50.00
making the total now a ridiculous £249.04

The_Deep

What should I say when I write to my MP?


Tell him you have been issued with a PPC.


Tell him why you think it is unjust


Ask him/her to help get it cancelled..

Umkomaas

I filled out forms for SAR to UKCPM on 7th Oct however have not heard anything back since, I did refuse to send them a copy of my driving licence as I felt it was not relevant and excessive, quoting Principle 3 of the DPA. What is the next step if they do not respond within the 30 days they are obliged to?

If you didn't attach any form of identification (your vehicle's V5C is the usual recommendation), they have no idea of your authenticity. Without ID, it could be anyone asking for information linked to you personal data.

If the above is the case, I'm afraid they were right not to respond, they are (albeit not their true intention) protecting the data they have about you in not releasing it to anyone who cannot prove they are you.

KeithP

GarageHermit wrote: »

I have been issued a claim form as of 6/12/19. Have already acknowledged it though the money claims website so now need to start writing my defense.

With a Claim Issue Date of 6th December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 8th January 2020 to file your Defence.

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


When you are happy with the content, your Defence could 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. No need to do anything on MCOL, but do check it 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 trying to keep you under pressure. Just file it.
   
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.

TheOpportunist

I won a case against UK CPM this week. Don't be scared if it goes to court.

If they sent you a notice to keeper and didnt attach anything to your windscreen check out POFA paragraph 9 (2) (a) through to (i) and also check out 9 (4), 9 (5) and 9(6).

There is also a section on costs to but I dont know it from the top of my head.

The_Deep

making the total now a ridiculous £249.04

Ridiculous indeed, and probably unlawful, read this

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

and complain to the SRA

https://www.sra.org.uk/