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LBC from Gladstone's for Multiple tickets outside my own house

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  • Sam1324
    Sam1324 Posts: 17 Forumite
    So iv emailed Gladstones and asked them if they would be willing to send the case back to District Enforcement if I provide the name and address of the driver.

    If the case is sent back to DE I know I can get it cancelled as the office for the estate I live in processes the appeals and they have told me they would accept this.

    However, they told me they would only send the case back to DE if the driver I acknowledge was DIFFERENT to the registerd keeper. This may sound stupid, but could I put down a different variation of my name, or the name of one of my flatmates (who do sometimes use my car, so legitamately could have used it on the day of the tickets)?
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    The identity of the driver is far less important in "own space" cases than in others. You are likely to win this on contract. Can they offer you anything that you do nor already have? Read post 93 et seq here,

    [FONT=Times New Roman, serif]https://forums.moneysavingexpert.com/showthread.php?t=5969018&highlight=jestershoe&page=5[/FONT]

    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 130,603
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    Why didn't you do what Fruitcake said in post #5, which was CLEARLY the way forward?
    My first question is: is there anyway I can get these tickets moved back to the stage where the parking company (District enforcement) is trying to enforce it. If this happens I have been advised that the landowner will revoke the tickets (as they are outside my own house!).
    Yes - do what Fruitcake said, using the words he said - and threaten to add the Managing Agents to the claim if DE proceed, as the lack of permit was a misleading omission and a material fact that THEY should have communicated to DE to exempt your vehicle in the meantime, as a new resident.
    Secondly, if not, am I screwed? I know that people have a lot of success defending theses cases, but does the fact that there are five at once make my case a lot weaker?
    No, it looks like harassment of a resident, to me.
    Also note, there are NO signs about parking on the road whatsoever, or on nearby roads in the estate. There is one sign as you drive in on the main entrance but not on some secondary entrances. I feel this would give me a very strong defense should it come to it.
    Agreed, DE signs are terrible. They infest a car park near me by the beach and their signs are diabolical.

    Stop asking Gs to cancel and instead, draft a robust email to the MA, based on Fruitcake's words, telling them you will be summonsing them if a claim continues, and that the case being a pre-court solicitor stage HAS NOT cost District Enforcement a penny, so if they are being led up the garden path by DE pretending it's too late to cancel, then DE are lying.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Sam1324
    Sam1324 Posts: 17 Forumite
    Coupon-mad wrote: »
    Why didn't you do what Fruitcake said in post #5, which was CLEARLY the way forward?

    Yes - do what Fruitcake said, using the words he said - and threaten to add the Managing Agents to the claim if DE proceed, as the lack of permit was a misleading omission and a material fact that THEY should have communicated to DE to exempt your vehicle in the meantime, as a new resident.

    No, it looks like harassment of a resident, to me.

    Agreed, DE signs are terrible. They infest a car park near me by the beach and their signs are diabolical.

    Stop asking Gs to cancel and instead, draft a robust email to the MA, based on Fruitcake's words, telling them you will be summonsing them if a claim continues, and that the case being a pre-court solicitor stage HAS NOT cost District Enforcement a penny, so if they are being led up the garden path by DE pretending it's too late to cancel, then DE are lying.

    Thanks for that and all the other replies. I have drafted up an email to send to the MA. Any feedback would be appreciated.

    To Whom it may concern,

    I am a resident of XXX in the XXX and have lived here for two years.
    I have recently been made aware that Gladstones Solicitors are intending to take me to court for a total of 700 pounds for parking in the space directly abutting my flat. The tickets were given to me in XXX last year while I was awaiting a parking permit.
    I have been in contact with XXX in the XXX Office, who has informed me that because the case has been raised from District Enforcement to Gladstones Solicitors, they are unable to request the tickets be removed. After doing some research myself, I have concluded that this is not the case.
    District Enforcement and therefore Gladstones Solicitors are acting on behalf of XXX as agents to enforce parking on XXX roads. Gladstones have communicated to me that if District Enforcement request the case be cancelled, they will cancel it. I am therefore again requesting that you contact District Enforcement, and request they revoke the tickets against me as I am a resident ofXXX. There are several other reasons as to why the case is completely illegitimate which I can go into in more detail if required.
    No costs have been incurred by District Enforcement or Gladsones as the case is currently at the pre-court stage, therefore there is no reason, legal or financial, why the case cannot be immediately cancelled.
    If you refuse to do this and the case goes to court, (which it will as I have no intention or legal obligation to pay this obscenely high fee) I will be summoning XXX Ltd as a witness in the case. I will also be making a separate claim against XXX due to the fact that they did not communicate to District Enforcement that I was a genuine resident awaiting a permit therefore allowing illegitimate tickets to be continually placed on my car.

    I hope we can come to a reasonable conclusion here,

    Regards,
  • Half_way
    Half_way Posts: 7,029
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    It you have no requirement to display a permit, then you should remove any instance of waiting for a permit to be sent to you.
    You should also change requesting to cancel to instructing you to cancel
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Coupon-mad
    Coupon-mad Posts: 130,603
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    edited 4 December 2019 at 1:35PM
    For the Urgent Attention of the Manager, Mr xxxxxxx


    Dear Mr xxxxxxxx

    Warning of court summons for your Director and your company's liability for my costs/loss regarding an avoidable court claim


    I am a resident of XXX in the XXX and have lived here for two years and I have a serious grievance regarding a private nuisance you have allowed to occur, which appears to be leading towards a court case. If this happens and you fail to prevent it now, you must take this email as a warning that I intend to summons your Managing Director(s) and may issue a county court moneyclaim, such that you will be held liable for my costs and any loss.

    As you know, I have recently been made aware that the ex-clamper aggressive company that you have inflicted on residents, namely District Enforcement, [STRIKE]Gladstones Solicitors[/STRIKE] are intending to take me to court for a ludicrous and unjustified £700 sum for parking in the designated space directly abutting my flat.

    Their 'private parking charges' were given to me in XXX last year while I was awaiting a parking permit. The delay was unjustified and your failure to put in place a system to exempt new residents while the permit was processed, which would have involved a simple 'white list' email to District Enforcement, is wholly unreasonable and has caused serious distress.

    I have been in contact with XXX in the XXX Office, who has informed me that because the case has been raised from District Enforcement to Gladstones Solicitors, they are unable to request the tickets be removed. After doing some research myself, I have concluded that this is not the case. This is still in the pre-action phase and it is perfectly possible to cancel private parking charges at no cost. Gladstones offer their dubious services at Letter before Claim stage, free of charge, to the likes of your parking agent. If they have told you otherwise they are misleading you, which is shocking but not surprising, given their Director is an individual who is known to be ex-Police and who has (allegedly, by all accounts) shown disregard for the lives of residents, people's homes and possessions and indeed the court system, as was most recently reported in the link below.

    This is the level of the agent you are supporting against residents:


    http://www.bargee-traveller.org.uk/district-enforcement-the-emperor-has-no-clothes/

    [STRIKE]District Enforcement and therefore Gladstones Solicitors are acting on behalf of XXX as agents to enforce parking on XXX roads. [/STRIKE]

    Gladstones have communicated to me that if District Enforcement request the case be cancelled, they will cancel it. I am therefore again requesting that you contact District Enforcement, and request they revoke the tickets against me as I am a resident of XXX. There are several other reasons as to why the case is completely illegitimate which I can go into in more detail if required.

    [STRIKE]No costs have been incurred by District Enforcement or Gladsones as the case is currently at the pre-court stage, therefore there is no reason, legal or financial, why the case cannot be immediately cancelled.[/STRIKE]

    If you refuse to do this and the case goes to court, (which it will as I have no intention or legal obligation to pay this obscenely high fee) I will be summoning XXX Ltd as a witness in the case. I will also be making a separate claim against XXX due to the fact that they did not communicate to District Enforcement that I was a genuine resident awaiting a permit therefore allowing illegitimate tickets to be continually placed on my car.

    I hope we can come to a reasonable conclusion here. I will not be paying any sum to your agent, and will not hesitate to summons your Managing Director to explain the delay in getting a permit to new residents on the one hand, yet allowing a litigious ex-clamper firm to threaten and demand money from me for this failure on your/their part, on the other hand. They cannot gain from their own errors or omissions and you have failed to put a system in place to protect new residents, which is wholly unreasonable and has resulted in an unlawful and unwarranted course of harassment by that notorious firm.

    Going forward, I will be speaking to other residents regarding the private nuisance that District Enforcement are causing on your behalf, giving rise to an actionable situation for all affected, and certainly grounds to complain to the relevant Ombudsman about this situation.

    The simplest resolution will be to tell your agent to cancel the PCNs, and to then give them notice to cease the contract, and if that causes a liability for some cost on your part then that is not my concern but will of course be offset by avoiding your company being dragged into court cases from aggrieved residents, who I will be speaking to about this situation so that no-one goes through the distress that I have had to endure thus far, wrecking my right to peaceful enjoyment of the property.

    There is no need for any private parking firm ruining residents' lives at this location and I am informed that even if you wanted to introduce such a regime, you would have needed to obtain a consensus of not less than 75% of leaseholders actively agreeing, and no more than 10% dissenting, before varying the leases to take away existing parking easements. It is highly unlikely that this would be accepted and you cannot merely impose it, and even if your 'contract' pre-dates new residents moving in dates, the regime has no legal effect due to a breach of the Landlord & Tenant Act and a derogation from grant.


    Yours sincerely,[/QUOTE]

    As above, I suggest.

    Good stuff, be brave and refuse to pay any money. The MA need to remove the PCN and then be pushed by a group of residents (get some together) to remove DE from the site altogether in 2020.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Fruitcake
    Fruitcake Posts: 58,154
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    Please also mention the tenancy being mis-sold because there is a hidden clause that is not included in the lease/AST.
    I married my cousin. I had to...
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  • Le_Kirk
    Le_Kirk Posts: 22,157
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    Oh, come on C-m don't hold back!!
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Fruitcake wrote: »
    Please also mention the tenancy being mis-sold because there is a hidden clause that is not included in the lease/AST.

    If the clause is not in the AST it does not bind the tenant.
    You never know how far you can go until you go too far.
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