LCB from Gladstones - UKPS

PeterParkingParker

Hello everyone,



Please forgive me as I realise new threads on this are overwhelmingingly common but I really have tried to fish out the information best I can myself and I'm still quite lost.


So my case is for a PCN obtained in November 2018 from UKPS


At the time I thought the best way to deal with private owned car parks PCN's was to ignore and I've had success with that in the past. I realise now I should have appealed via POPLA! But this is clearly far too late now.



So after not recieving any new debt recovery threats for many months, I now have a "Letter Before Claim" from Gladstones Solicitors stating I need to pay £160. It seems genuine with a 30 day deadline and noting "reply forms" I can fill out on the website (which I apparently don't do unless from ParkingEye).


So at this point do I issue an SAR to UKPS?

Or

Do I send a response to Gladstones about this LBC?


Or both?


I have a draft I typed up of a response to Gladstones asking for the information I'm entitled to according to "Pre-Action Protocol for Debt Claims". And I'm sure I'll be able to draft up an SAR too to send to UKPS if needed.



Any guidance on the next steps to take would be greatly appreciated!






IF you would like more info on the specifics of the case, please read on:


So the case is regarding a private owned car park outside a library. I contacted them but they say it doesnt belong to them, I've heard conflicting information to this online but I don't know what else to do if they're refusing it's anything to do with them?


I was in a meeting using their meeting rooms and the meeting ran slightly over. The car had a ticket in the window and it was something like 9 or 11mins over the time when the PCN was issued which I'm sure is well within the grace period.


The ticket was £100! £60 if paid early which I thought was shocking. I simply ignored all contact, thought I realise now that was silly I should have appealed and will in future should I get another charge in future.


I haven't been back to the place since to check the signage etc but its almost a year on so I'm sure it won't be beneficial to do so anyway.


Thanks for reading, and thanks so much in advance for any responses I get to this post. Everyone on here giving their time and energy to people in these situations are honestly so kind it's so nice to see this rallying together to fight back against these awful people, and I will be sure to pass any learnings on to anyone else I know who ends up in similar situations!!:A


PS. Real name is not Peter Parker

The_Deep

I now have a "Letter Before Claim" from Gladstones Solicitors stating I need to pay £160.

You owe nothing unless a judge so orders it. They are trying to charge for monies in excess of that which the law allows, read this,

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

[FONT=Times New Roman, serif]Nine times out of ten of these tickets are scams so consider complaining to your MP, it can cause the scammer extra work.

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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]

Coupon-mad

I have a draft I typed up of a response to Gladstones asking for the information I'm entitled to according to "Pre-Action Protocol for Debt Claims". And I'm sure I'll be able to draft up an SAR too to send to UKPS if needed.

Do both.

Don't send that really waffly long rebuttal about the 2017 PAP to the solicitors though, please - this is why it is NOT linked in the NEWBIES thread, it's old and pointless IMHO. No using the reply forms either.

Send a copy of the relevant AOS CoP about Grace Periods to the solicitors and ask why their client is breaching the Code and that you deny any debt but that you are 'seeking debt advice'.

Send a SAR by email to the parking firm's DPO.

PeterParkingParker

Thank you both very much, I'll draft up the SAR email to UKPS now too.


Can I post them here in the thread to be looked at before sending them off?

PeterParkingParker

Oh god, Everytime I read another thread my plan changes lol, apologies this can get so confusing.


So I've just read that I don't respond to Gladstones asking them for all the information in the Pre-Action Protocol, and to simply notify them that I have sent a SAR to the DPO of UKPS and so not to process my information for at least 25 days after I have recieved a response from the DPO.



Is that right?

Fruitcake

PeterParkingParker wrote: »

Oh god, Everytime I read another thread my plan changes lol, apologies this can get so confusing.


So I've just read that I don't respond to Gladstones asking them for all the information in the Pre-Action Protocol, and to simply notify them that I have sent a SAR to the DPO of UKPS and so not to process my information for at least 25 days after I have recieved a response from the DPO.



Is that right?

They are not obliged to stop processing your claim because you sent an SAR to the scammers.

You should instead tell them that although you deny the debt you are seeking debt advice and therefore they must put the case on hold.

Please tell us which UKPS you are dealing with as I believe there are at least two and possibly three.

You should also read beamerguy's "abuse of process" thread about the fake add on £60 charge.

Le_Kirk

You inform them that you are seeking debt advice, even though all and any debts are denied and, in line with the pre-action protocol for debt claims (Paragraph 4.2), you require them to stop processing the claim for 30 days.

BrownTrout

Is it the one below?
UKPS Ltd
Appeals Department
Central Office
The Hangars
Harbury Lane
Leamington Spa
CV33 9SA

PeterParkingParker

Ah blimey, glad I asked, thank you for clarifying!



On the letters it just states UKPS Ltd. I live in the SouthWest. Does that identify the right people? I have Richard Houston as the DPO for UKPS which I found on the website, I suppose I really need to get that clarified before sending my SAR!


The Logo looks familiar so I think that's right, Unfortunately over the past year I must have chucked most of what I recieved from them including the initial PCN. I never had a window sticker in the first place also.



And yes I did read through that Abuse of Process thread late last night. If I mention this, who do I mention this to, the DPO of UKPS or GS?



Despite spending the past 2 weeks looking through all this I still feel so clueless, I had to create an account and start this thread in the end and I'm glad I did! Thank you very much for your help in this!

PeterParkingParker

BrownTrout wrote: »

Is it the one below?
UKPS Ltd
Appeals Department
Central Office
The Hangars
Harbury Lane
Leamington Spa
CV33 9SA

Yes BrownTrout I believe that is correct! I have a Richard Houston as DPO, would you agree with that?