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Letter before claim help

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Good evening,

I now have a further issue with Gladstone Solicitors after a truly disgraceful parking ticket.

I was displaying a valid parking permit in my apartment complex and I was given a ticket still – their rationale was that it was not 100% visible. I have the pictures they shared with me and in a worst case scenario, you can see 75/80% of the permit. Despite this, I was given a ticket and then the usual pattern followed – letters back and forth and then a long period of silence.

I very recently got a letter before claim from them and the dates on it were obviously massively wrong – i.e. the letter was dated 3 weeks after it actually arrived.

My question is how do I proceed? I have about 14 days to get back to them as I got an extra 30 days via the SAR request? How do I get it to go away at this stage?

I really feel the claim is disgraceful given my pass was visible but guidance would be appreciated.

Thanks
«13

Comments

  • Umkomaas
    Umkomaas Posts: 43,410 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    How do I get it to go away at this stage?
    Pay them what they want! That's the only escape route if you want this resolved 'at this stage'.

    Otherwise, you'll have to jump over all the hurdles placed in front of you to get this closer and closer to a court hearing. While it's dangerous to predict the next move of a predator, I think they'll push you close to the wire before they slink away. No guarantees, however.

    But you'll have to continue play the game that they dictate at this stage!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • hiphop99
    hiphop99 Posts: 146 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    wait what? I thought there was a specific process/fightback in this situation?


    I am willing to go toe to toe with them because I feel completely wronged and this is a shakedown.



    I meant is there any precedent for this scenario to prevent it having to go to court etc?
  • Umkomaas
    Umkomaas Posts: 43,410 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I meant is there any precedent for this scenario to prevent it having to go to court etc?
    Nope. This is a totally unregulated skimdustry. They make the rules up to suit themselves. You are simply a medium through which they enrich themselves. They use the courts too as part of their enrichment process.

    Follow advice on how to deal with a court claim in the NEWBIES FAQ sticky, post #2.

    You've much to learn.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    hiphop99 wrote: »
    wait what? I thought there was a specific process/fightback in this situation?
    There is.

    Prepare yourself to defend a court claim by following the guidance offered in post #2 of the NEWBIES thread.
  • hiphop99
    hiphop99 Posts: 146 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    So I should now just let it go to court and fight it there?


    Should I not respond to them therefore by the 30 day deadline?
  • Umkomaas
    Umkomaas Posts: 43,410 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    hiphop99 wrote: »
    So I should now just let it go to court and fight it there?


    Should I not respond to them therefore by the 30 day deadline?
    Have you read the NEWBIES FAQ sticky, post #2 ?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 152,434 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes you need to respond.

    Please read the NEWBIES thread for how to fight this and win in court.
    How do I get it to go away at this stage?
    You can't. You will likely win in court though. And it's fun!

    You can't magically 'make it go away without court' unless you pay (don't) or get the landowner/Managing Agents to cancel it NOW.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • hiphop99
    hiphop99 Posts: 146 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    edited 5 January 2020 at 6:59PM
    Coupon-mad,


    How am I responding now? I got a 30 day extension to 7th January and I have still not heard from UKCPM DPO.


    The letter from Gladstone's included this:


    [FONT=&quot]"We will however extend the Pre Action Protocol period by 30 days to 7th January 2020. Please pay or reply by that date. Any reply received outside of the 30 day period may not be considered as legal proceedings are likely to have been issued"[/FONT]

    [FONT=&quot]What is for me to do? I feel I have a robust defence but I think I understand that no matter what I do, they are going to proceed further?[/FONT]
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    hiphop99 wrote: »
    What is for me to do? I feel I have a robust defence but I think I understand that no matter what I do, they are going to proceed further?
    Of course they are.

    Wait patiently for a County Court Claim Form to drop through your letterbox.

    Whilst waiting you could start thinking about creating a Defence.
  • hiphop99
    hiphop99 Posts: 146 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    So nothing other to send whilst I wait?


    I will start to put my defence together and share with the squad on here.


    When they said pay or reply, what did they expect me to reply?
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