Gladstones letter before claim - £1600 of parking fines

milkyboy92

The recipient is no longer in post. The employee trusted the line manager and never imagined that it would get to this stage and didn't find the necessity for a statement.

The line manager was an experienced trainer and had been with the Business for 3 years at the time of when they had told the new employee that it was fine to park there.

Their response to the employee receiving the ticket was that "it happens all the time" and that the new employee "has nothing to worry about".

ampersand

Bonne ann!e, Bonne D!cennie Coupon-mad :-)
- all blessings in retirement, my goodness!
and now back to op :-)
#
Was the parking situation a factor in the recipient's departure?
You haven't answered the 2nd point.
I'd press the Line Mgr for something, even now. I have to say 'has nothing to worry about ' needed instant pouncing on+investigation, even then op.

Coupon-mad

I feel I should point out to those who might think me a bit ancient, I took early retirement and am still a spring chicken really...age comes to us all but it hasn't got to me yet!

:rotfl:

Redx

Coupon-mad wrote: »

I feel I should point out to those who might think me a bit ancient, I took early retirement and am still a spring chicken really...age comes to us all but it hasn't got to me yet!

:rotfl:

Ha ha , lol , #me too , not beholden to anyone and independent too

If you can , then do !!

NeilCr

Redx wrote: »

Ha ha , lol , #me too , not beholden to anyone and independent too

If you can , then do !!

Me, too, too! And yes if you can do it.

One of the best things I have ever done. I've had a great eleven years since retiring with (hopefully) quite a few more yet to come!

milkyboy92

Apologies ampersand.

The parking situation was not a factor in the departure. Unfortunately the line manager has also left the business and cannot be contacted for a WS. They were responsible for the employee at the time as the employee was undergoing training so therefore she would have been authorized to instruct the new employee.

However, as Coupon-mad has mentioned, this is a weak defence so I will be focusing on other areas of defence.

milkyboy92

I am planning on sending the below response to Gladstones once I have taken pictures of the car park signage tonight.

Please can you critique and let me know if you feel that it contains too much information?


Your ref: xxxxx/xxxx (PCN xxxxxxx - Local Parking Security dated xxxxxx)

I refer to your letter which is marked 'Letter Before Claim'.

You are well known serial litigant in the small claims court. As such, you ought to know that since 1st October 2017, a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with, not just vaguely referred to with a link or otherwise unfairly disregarded by expecting the recipient to find the specific information and reply form for themselves online, which may well not be possible for all consumers.

This paperwork remains your burden to supply, not mine to seek out.

Your letter contains insufficient detail of the claim and fails to provide copies of evidence that your client places reliance upon. Your letter lacks specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct, paragraphs 6(a) and 6 (c ), and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2).

Specifically, you are obliged to provide me with certain information and documentation relating to the alleged debt and you are to give me 30 days in which to reply. I demand for this case to be placed on hold until further notice as I will be seeking debt advice in relation to the contents of your letter.

If you wish to pursue this matter any further, please send me a letter which complies with the Protocol. Please treat this letter as a formal request for all of the documents and information that the protocol now requires your client to provide within 30 days, pursuant to paragraph 5.2. Your client must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.

As you (and your client) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is astounding that a firm of Solicitors are sending a consumer a vague 'Letter before Claim' completely ignoring the pre-existing Practice Direction and the new Protocol.

Nobody, including your client, is immune from the requirements and obligations of the Practice Direction and now the Protocol. I require your client to comply with its obligations by sending me the following information & documents:

1. An explanation of the cause of action.

2. Whether you are pursuing me as (a) driver or (b) keeper?

(a) If the former, please provide your rationale and/or evidence for the assumption.

(b) If the latter - pursuing me merely because I am the registered keeper - please answer these specific questions:

(i) is your client relying upon the POFA 2012 Schedule 4, and if so

(ii) do you contend that their Notice to Keeper is fully compliant and was served in time, and if not

(iii) on what basis are you/your client harassing me, given the fact that I am not liable under any applicable law?

3. What the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated.

4. Is the claim for a contractual breach? Copy of the contract and proof of breach is required.

5. Is the claim for trespass? Proof that your client is the landowner and the loss is required.

6. Provide details of the original charge, and detail any interest and administrative or other charges added.

7. On what authority do you have to add an additional £60 charge to the original debt?

8. Provide clear copies of all photographs taken including a close-up of the sign on the material date, and a close-up of the terms displayed at the pay and display machine (the point of sale).

9. Provide a copy of the Information Sheet and the Reply Form.

Should you proceed to issue proceedings against me without replying substantively to this letter and complying with your obligations, I will apply for an immediate stay pursuant to paragraph 7 of the Protocol and 15(b) of the Practice Direction and I will seek a costs order.

Yours faithfully,

Coupon-mad

There is a reason why that ancient template from 2017 is NOT linked in the NEWBIES thread. No-one tells anyone to send that in response to a LBC, and the NEWBIES thread post #2 covers what to do (SAR).

By all means show us photos of the signs, but were these all windscreen PCNs?

milkyboy92

Apologies, I have read countless threads in an attempt to compile a strong response to a LBC. Will a short email regarding seeking debt advice and their £60 charge suffice?

Yes, I believe they were windscreen PCNs. It's hard to recall when the PCNs were from nearly four years ago.

nosferatu1001

Do what is told in the current newbies thread. Not an ancient thread.

You can require them to provide documents. this makes Gladstones do some actual work, for the first time for this claim.