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PCN Received - Gladstone chasing up - SAR Now Received with attachments.

colabootsgm
colabootsgm Posts: 13 Forumite
10 Posts
edited 10 August 2020 at 6:09PM in Parking tickets, fines & parking


UPDATE 10/08/20
Still no new angles of my car to show a ticket wasn't on passenger side.
No mention of the sign impersonating authority 'Excess Charge
Please find attached documents we hold in relation to the parking charge. The images provided are the only images taken at the time. The images taken are time stamped, which we believe is sufficient enough.

The charge sought is industry standard and is set at a rate so as to suitably satisfy our client's legitimate interest. In the case of ParkingEye v Beavis 2015 it was held that an £85.00 charge was neither extravagant nor unconscionable. The Accredited Trade Associations of which parking operators must be a member in order to apply for DVLA data prescribe a maximum charge of £100 and our client's charges are within this level.

The decision of the Supreme Court also made it clear that the charges are not penal nor do they have to be reflective of the parking operator's loss.

We trust we have explained our Client’s position in relation to why the debt is outstanding and in view of the evidence itself, it is our Client's position that the sum of £110.00 remains outstanding within 14 days from the date of this correspondence. In the event payment is not made within this time-frame our Client may elect to issue legal proceedings without further notice.

 
UPDATE 22/06/20:

I've now got a Subject Access Request from Local Parking Security for allegedly not displaying a parking ticket on a pub car park. (Now I know what they are referring to)

It was such a long time ago due to them sending to my old address, I can't remember the specifics. There are no time of entry stamps and grace periods detailed.

The car park in question now appears to be run by Euro Car Parks. I've attached the documents sent to me with some specifics edited out.

Should I ask them for grace period and time of entry proof?
On the photo evidence, I cannot see the other half of the passenger window, they may have missed it.
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Comments

  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 7 April 2020 at 10:33AM
    Ignoring stopped being a viable approach for all PPCs in England and Wales some years ago.

    You need to be carefully reading the Newbies Sticky at the top of this forum. This will bring you up to date with the most current information and lay-out what you need to do now.
  • Le_Kirk
    Le_Kirk Posts: 26,174 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You need to submit a SAR to the parking company and ask for all and any data they hold on you and/or your vehicle with the VRM AB12CDE and submit a scan of your V5C as proof of who you are.  For further help on SAR, please read the NEWBIE sticky second post.
  • Le_Kirk said:
    You need to submit a SAR to the parking company and ask for all and any data they hold on you and/or your vehicle with the VRM AB12CDE and submit a scan of your V5C as proof of who you are.  For further help on SAR, please read the NEWBIE sticky second post.
    Thank you, I will start with this and see how it goes.
  • Le_Kirk
    Le_Kirk Posts: 26,174 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Le_Kirk said:
    You need to submit a SAR to the parking company and ask for all and any data they hold on you and/or your vehicle with the VRM AB12CDE and submit a scan of your V5C as proof of who you are.  For further help on SAR, please read the NEWBIE sticky second post.
    Thank you, I will start with this and see how it goes.
    Got to the web site of the parking company and find the privacy page.  NORMALLY on there you can find the DPO who is the right person to whom to submit the SAR.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    The parking company (who is it) have 6 years to issue a court claim in England and Wales
    The ignore advice changed on here 7 years ago , hence that newbies thread

    Email the SAR to the DPO at the PPC , not to gladrags , to obtain all that missing paperwork and data
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 7 April 2020 at 11:04AM
    From what we see recently, nobody can take the incompetent Gladstones seriously.

    Forget the scam phone calls, just block them.   Before they can take you to court they must send you a letter before claim (make sure your V5 has your correct address and that was the address when the ticket was issued)

    Here is a clue of their incompetence ....... the letter of claim will include a fake add-on of £60 which gets them spanked in court as unlawful.  If you get a letter before claim then come back here


  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If they are asking for more than £100, (they usually bung on an unlawful £60), read this

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

    and report them to the SRA, you may get them struck off

    https://www.sra.org.uk/

    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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.





    You never know how far you can go until you go too far.
  • colabootsgm
    colabootsgm Posts: 13 Forumite
    10 Posts
    edited 7 April 2020 at 3:24PM
    They are asking for £160 now via a text message.

    Unfortunately I got rid of all the previous letters they sent me, so I'm not sure where I am in the chain. I do remember it going to another company for debt recovery and now to
    Gladstones who have sent me a text message 'You have not responded to our Pre-Action Letter'.

    With the last two replies, do I still request a Subject Access Request or continue to ignore?
  • Le_Kirk
    Le_Kirk Posts: 26,174 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    See my responses at 10.34 and 10.40 this morning.
  • colabootsgm
    colabootsgm Posts: 13 Forumite
    10 Posts
    I have sent the request.
    I did have a Pre-Action letter from Gladstone it seems from the text I got on my phone..
    Should I inform Gladstone that I have sent a SAR request?
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