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

24

Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    If you have a LBC, what does it tell you IN THE NEWBIES THREAD to do in response?
    Telling them you havea  SAR does nothing. Stating you are seeking debt advice and theyre required to hold processing for 30 days.
  • colabootsgm
    colabootsgm Posts: 13 Forumite
    10 Posts
    edited 9 April 2020 at 8:06AM
    I sent a SAR to the parking company and an advice of me doing so to Gladstone.

    I have now received a new letter from DCBL (Direct Collection Bailiffs Limited) - Pre Enforcement Letter asking for £160.

    I guess I ignore the debt collector ones?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Why guess? you always ignore debt collectors. 
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    £60 of which is unlawful, read this

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

    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.



    j
    You never know how far you can go until you go too far.
  • colabootsgm
    colabootsgm Posts: 13 Forumite
    10 Posts
    edited 17 April 2020 at 9:06PM
    I seem to have angered Gladstone. Since my Email advising them I have requested a SAR from the parking firm, they have now sent another letter saying 'We understand that you now reside at....." and to pay within 14days.. Maybe I should have kept quiet.

    Is it worth sending a quick Email to them saying the £160 is unlawful and I intend to fight the claim all the way?
    I've also learnt this claim is more than three years ago.

    I guess now I await the court claim and go through the template defence?
  • Coupon-mad
    Coupon-mad Posts: 161,014 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 17 April 2020 at 9:15PM
    Gladstones?  I thought your case was wih DCBL?
    I have now received a new letter from DCBL (Direct Collection Bailiffs Limited) - Pre Enforcement Letter asking for £160.

    Yet:

    I seem to have angered Gladstone. 

     Which is it?

    Since my Email advising them I have requested a SAR from the parking firm, they have now sent another letter saying 'We understand that you now reside at....." and to pay within 14days.. Maybe I should have kept quiet.

    Send an email confirming your address for service is indeed the one that have stated, and that they must 'erase' the old address from their database and tell their client to do the same immediately, or you will report any letters that are now sent to the old address regarding this matter, to the Information Commissioner.

    Is it worth sending a quick Email to them saying the £160 is unlawful and I intend to fight the claim all the way?

    Yes you can say that as well.  This has been written before in LOADS of threads, you can copy one but it won;t stop the court claim.  It is a good ida to engage though, because Judges prefer to see that you did.

    I guess now I await the court claim and go through the template defence?

    Yep.  

    As long as you have asked the PPC (not the solicitor) for a SAR, to get all the data, photos, etc., up front.  You need to see their hand before defending.


    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
  • colabootsgm
    colabootsgm Posts: 13 Forumite
    10 Posts
    edited 27 April 2020 at 10:20AM
    This one is definitely Gladstones.

    So they have refused my request for a Restriction of Processing of Data but are extending Pre Action Protocol for another 30 days. Just have to wait it out then.

    They keep sending me letterheads with a previous address on mind.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Your previous address?
    If so have you instructed them to update your address, and erase your old? 
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    This one is definitely Gladstones.

    So they have refused my request for a Restriction of Processing of Data but are extending Pre Action Protocol for another 30 days. Just have to wait it out then.

    They keep sending me letterheads with a previous address on mind.
    You must know by now that Gladstones are simply an incompetent firm, dealing with them is like dealing with wild animals. How the SRA allow these cowboys to be let loose on the public is beyond us 

    IN THIS THREAD .... there is a letter which I have adapted for you
    https://forums.moneysavingexpert.com/discussion/6129744/bwlegal-the-scam/p1?new=1

    Dear Sirs,

    I refer to XXX dated XXX  I am unsure that your claim is legitimate. I require that you advise me as to what legal authority you have to add an amount of £60 to your claim.  You clearly already know that this is Abuse of Process and in a recent claim made by Gladstones in Worthing County Court, Claim number F0GF1K4A , D.J.Harvey clearly said .... this was ABUSE OF PROCESS and adding ....
    "Deliberate attempt to mislead the court"
    "In contempt of court"
    "Cut and paste witness statement with no attempt to address the defence"
    It was noted that you did not represent yourself in court and Judge Harvey awarded £293.02 costs against you.

    There are many other cases dismissed for Abuse of process and here we are again, Gladstones practicing abuse of process which you already know is unlawful.

    As I will reference this judgment (and many others where claims have been struck out), in any claim you make together with a copy of this letter, I ask you, on what LEGAL AUTHORITY do you have to add £60 to your claim ?  Any reply from you will be shown in court and if your reply states "without prejudice", I reserve the right to advise the court that you have replied not wanting the court to read it.

    This is now a very serious situation for you and I now give you the option to immediately discontinue all of your claim and you and your client bears their own costs.  In turn, I will not claim costs against your client.
    Please reply within 7 days from the date of this email with your intentions

    NOTE:  You are still sending letters to my previous address. Is this your method to issue a court claim without my knowledge so you can obtain a default judgement ?   You will now confirm by return that my correct address  is recorded. Failure to do this will result in a complaint to the ICO

    Yours faithfully
  • colabootsgm
    colabootsgm Posts: 13 Forumite
    10 Posts
    edited 22 June 2020 at 5:29PM
    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.

    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 on the first page with some specifics edited out.

    Should I ask them for grace period and time of entry proof?
    They also mention about that £160 overdue charge.
    I cannot see the other half of the passenger window, they may have missed it.
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