Letter Before Claim - Gladstones

CJames7

Hello, first time post looking for some advice!

I have received an LBC from Gladstones for their client UK Car Park mgmt LTD

I work away from home for months on end and unfortunately this letter has been found only now, dated 6th of Nov 2019.

All correspondence has been ignored up until this point.

The vehicle in question was left in what was assumed free space outside of a retail block. The car had been left there for many years (over a decade) on and off with no problems. After the keeper of the vehicle received a PCN via post in January 2019, I returned to the site and sure enough managed to find some incredibly small signs had been erected approximately 14ft up in the air above the premises in question. These were barely legible, even when stood directly underneath with my 20/20 vision. Fortunately I still have a copy of the photographs taken of the site and the very poor signage. It reeked more of entrapment than enforcement.

The retail site in subsequent months has removed all signage and no longer appears to be operating with parking enforcement to this date.

Please any help or advice would be greatly appreciated.

Many thanks

Coupon-mad

Have you received a court claim since then? Might have been one last month, a lot were dated 6th January, AFAIK. You urgently need to check all post and be sure, and then make sure that a family member opens your post in your absence on at least a weekly basis, if you are away again!

Or, email Gs and reply and say you are seeking debt advice and you could give a new address for service of court papers (could be the address of a trusted friend who understands that there is no risk to their credit rating - or yours) as long as they open the post and you deal with it on time once court action starts.

CJames7

Thanks for the speedy response -

I do have someone opening any brown envelopes for me, but anything else gets left in a pile.

I'm going to triple check, but as far as I can see, there's been no follow up mail from the LBC.

Would I be right in assuming that a follow up (assuming it would be an actual court claim at that point), would have arrived in a brown envelope??

Many thanks

Coupon-mad

No I don't think they do...

You need to respond as I suggested, saying you are seeking debt advice and were away. You could add you have not been served with any claim form. That will flush out a reply!

CJames7

Thank you -

I've opened everything now and don't see any claim forms.

Should I respond (as suggested in their LBC) via the online PAP/Reply Form, or do I email them direct quoting the letter ref?? Just don't want to make any mistakes at this juncture, as I'm aware I'm now on thin ice!

Thanks again

Coupon-mad

You will know when you read post #2 of the NEWBIES thread not to use the forms.

You are not on thin ice. You stand strong, and 99% of people here win in court.

CJames7

Thanks -
I've just browsed over the post you suggested and emailed Gladstone, informing them I've been away and that i'm in the process of seeking debt advice & that I haven't as yet been served a claim form.

Do I also contact the PPC as suggested, or should I leave that now I'm outside of the 30 day period??

Thanks again!

nosferatu1001

SAR the PPC so you get ALL their documents. ALways worth seeing what photos they have,

CJames7

Thanks - I'll get on that and contact the PPC as per the guide in the sticky... Just wasn't sure if I was able to after 30 days of the LBC or not!

Will update as soon as I hear something, really appreciate the time and energy you guys and girls put into helping people out. These PPC's are crooks!

CJames7

Just a quick update - I contacted Gladstone in February as per the sticky. 

I haven’t had any response to the SAR request. 

I did receive a response from Gladstone who said the case is on hold whilst they give me time to search for legal advice. 

The rest is copy pasted below

”Payment of the charge has not been forthcoming within the relevant timeframe and as such the contract between yourself and our Client has now been breached. Our Client has incurred further costs as a direct result of the breach in taking steps to recover the outstanding debt.

 

In view of the above it is our Client's position that the sum of £160.00 remains outstanding within 30 days from the date of this email. In the event that payment is not made nor do we receive a substantive response  within this time-frame our Client may elect to issue legal proceedings without further notice to you”

Redx

did the SAR go to the DPO at UKCPM ?

if yes , email another one , reminding them that one was sent on xx/xx/xxxx and the GDPR dicates they must respond within 30 days , so you are giving them a further 7 days to respond or you will report them to the ICO

if they fail the new deadline , report them to the ICO

keep copies of all correspondence

read the recent threads on here with the judgment that rubbishes the addon £60 as abuse of process, read the judgment and the larger one with the reasons for dismissal , even though its not Gladrags, the issues are the same and gladrags know this