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Local Parking Security Limited, Gladstones and LBC

Dear all


An LBC has been served on my partner by Gladstones on behalf of the above. Background is that she had a windscreen PCN in 2015 for not displaying a ticket. Her reason was that she paid for a ticket, left the site before her time was up but then returned a little later as her 6 year old had left something behind. Essentially the brief park and quick return saw a PCN issued as no ticket was displayed. Unfortunately, she then appealed directly to LPS from the windscreen PCN and named the driver.

I have email evidence from my partner of her subsequent unsuccessful appeal before LPS issued a POPLA code. Based on outdated advice she ignored and has heard nothing until now.

Judging by the LBC correspondence from Gladstones, both they and possibly LPS have tried to contact her previously via her old address. She moved to her present address in 2016.

Two LBC’S have now been issued by Gladstones - one to her old address dated 17th December 2019 and the latest (sent to her ‘new’ address) dated 17th January 2020 and received 24th January 2020. Not sure how they obtained her ‘new’ address but in a way ‘glad’ they did as they could have undertaken the old backdoor CCJ trick. Both of these LBC’s were received in the same envelope at her 'new' address.

From reading this forum, I believe both LBC's to be non PAP compliant in the first instance (reference to PAP 1998 and no annex's and / or reply forms etc. - you will all, I'm sure, know exactly what I am referring to based on other threads here), and they have of course also artificially inflated the amount demanded. Unfortunately I cannot upload any links / pics of the LBC's as this site will not allow as of yet.

Action taken so far is to request the relevant data from the DVLA. A rebuttal and SAR will be sent to both LPS and Gladstones tomorrow as well as research on whether permissions for any signage has been obtained.

Would be grateful for any comments / thoughts in terms of any next steps.

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    DDWales wrote: »
    I believe both LBC's to be non PAP compliant in the first instance (reference to PAP 1998 and no annex's and / or reply forms etc. - you will all, I'm sure, know exactly what I am referring to based on other threads here)...
    A new Pre-Action Protocol for Debt Claims was introduced in 2017.
  • DDWales
    DDWales Posts: 10 Forumite
    Part of the Furniture First Post Combo Breaker
    Thank you KeithP. Yes, it's the familiar Glasstones template where they refer to the old PAP and not the 2017 PAP where they direct you to their website to create an account and download forms from there. A rebuttal informing them of this will be sent today. You'd think they would change their template after being reminded of this from forum users on here plus the many rebukes they've had from judges over the years....
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 27 January 2020 at 9:45AM
    For how much are they claiming? If they have added an unlawful £60 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/

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

    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][/FONT]
    You never know how far you can go until you go too far.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    DDWales wrote: »
    Thank you KeithP. Yes, it's the familiar Glasstones template where they refer to the old PAP and not the 2017 PAP where they direct you to their website to create an account and download forms from there. A rebuttal informing them of this will be sent today. You'd think they would change their template after being reminded of this from forum users on here plus the many rebukes they've had from judges over the years....

    ha, it is Gladstones after all ???

    You need hard copies

    Assume they have added their fake £60 ??? Ask them on what legal authority they have to add false figures

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

    Note the two Gladstones cases (failures) at the top of post #1
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