HX Parking Fine - Gladstone Letter Before Claim Recieved. Please Help a Stressed Out New Mum.

ParkingNightmares

I have read the Newbies thread but in my current haze with having a very new baby and a keyworker husband out on the front line unsurprisingly none of the advice is sinking in and I don't know what to do next. I think I need to ask for a SAR from HX and respond to Gladstones' letter before claim?

The story so far. A ticket was received in September 2019 for non payment of parking. This was disputed as parking was paid for using the car parks online payment system however unbeknown to the person paying they selected their old registration details when paying. 
Payment was made for this car which at the time had been scrapped and was therefore physically incapable of being in the carpark. Evidence was submitted showing payment made for this vehicle just after the time the actual car was shown entering the car park via ANPR. Evidence was also submitted showing the old vehicle used to belong to the person who had paid for this ticket and no longer did. This week the Registered Keeper of the vehicle has received a Letter before claim saying they have 14 days to respond. This letter is a single piece of paper which also includes a copy of a letter they claim to have sent in February which the RK never received. It shows 4 payment options to pay a balance of £160 to Gladstones.

What is the next step here? I'm expecting it will result in a letter to go to court? 

Additional points:
1. I cannot be sure if it was admitted who was the driver at the time.
2. This fine comes just a few months after the RK received another fine for non payment from the same company and the same carpark which was disputed and that HX 'kindly' rescinded after the RK sent a photo of the ticket purchased. 

Any words of support or signposting on what happens next would be grateful I am understandably a little high on the hormone scale right now and this is just not helping matters,

nosferatu1001

Thats what a SAR will flush out - the exact appeal. 
Yes. SAR to te parking company
Respond denying the debt to Gladstoners, requiring them to suspend processing data for 30 days at least. 

ParkingNightmares

Ok so a SAR to HX. I'm assuming I can find a rough template on how to ask and there is the list on the newbies thread on what to ask for although some of it might not be relevant as the machine was not actually used for payment.

With regards to Gladstone does the RK literally just say they deny that they owe them the debt if so I'll have a look a standard format for responding, I'm assuming a response via their online reply form is fine as its then not able to get lost in the post. The letter states they have been "instructed to commence legal action against you to recover a private parking charge (or charges)." The letter also says they refer the RK to Paragraph 2.1(c) of the PAP which obliges the parties to act reasonably and proportionally, does this just mean the RK needs to respond in the given time limit? Sorry for all the probably amateur questions but foggy baby brain is making this process a heck of a lot harder to comprehend.

beamerguy

This week the Registered Keeper of the vehicle has received a Letter before claim saying they have 14 days to respond. This letter is a single piece of paper which also includes a copy of a letter they claim to have sent in February which the RK never received. It shows 4 payment options to pay a balance of £160 to Gladstones.

Gladstones are simply money bandits and are not fit to call themselves solicitors.  A Letter before claim must give 30 days to respond  (PAP = Pre action protocol) that's the law ?   NOT 14 DAYS
Did the letter include proof of their claim and forms to complete ???  If not it is a debt collection letter TO IGNORE

The £160 is FAKE and a SCAM which they have added and is unlawful.

Gladstones have been spanked by the courts for adding unlawful amounts as you will see by reading the two threads below.

ABUSE OF PROCESS
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1

ABUSE OF PROCESS PART 2
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

If you wish you can reply by asking "On what Legal Authority do they have to add £60"
They don't have the authority so they have no option but to lie to you.

If they proceed to court then they must explain their lie to a judge.  However, they have one further problem and that is as from 6th April 2020, there is a new Civil Procedure which says ...

For witness statements, the statement of truth’s wording will be as follows:
I believe that the facts stated in this witness statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

So, you can see that by adding fake amounts they open themselves to another severe court spanking and possibly contempt of court ...... 

Just ask them ...... "On what Legal Authority do they have to add £60"

Le_Kirk

With 14 days to pay, that is not a proper letter of/before claim.  More like a threatogram debt collector type missive.

Umkomaas

This week the Registered Keeper of the vehicle has received a Letter before claim saying they have 14 days to respond. 

If they have only given 14 days to respond, then this is not a formal 'Letter of Claim' which would provide 30 days to respond and include a number of attachments including a financial questionnaire (sometimes Gladstones just provide internet links to the documents instead of hard copies). 

How is the letter you've received headed?  Does it tell you to pay the £160 to Gs or to Debt Recovery Plus?  

You don't need to do anything with this letter, so hold off for the moment. That's not to say that a court claim won't follow, but that's for another day, and under the current circumstances you don't know what might happen - nor do we, but life as the PPCs have known it is changing, so that might be beneficial to you. But don't down tools and breathe a sigh of relief, you have breathing space to do some more reading without being in such a panic. 

Now the figure of £160 has been used, you should have a read of these threads - to defend against that figure has become quite easy, certainly the paperwork side of things. 

https://forums.moneysavingexpert.com/discussion/6101413/abuse-of-process-thread#latest

https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2#latest

Umkomaas

Faster typing fingers than mine have beaten me to it - but you've got a consistent message from three independent regular forum contributors. 

D_P_Dance

They are claiming for an unlawful amount, read this

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

and complain to the SRA, this could see them being 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.

ParkingNightmares

A Letter before claim must give 30 days to respond  (PAP = Pre action protocol) that's the law ?   NOT 14 DAYS
Did the letter include proof of their claim and forms to complete ???  If not it is a debt collection letter TO IGNORE

The letter is dated the 31st March and says respond by 14th April so it does appear not to be an actual Letter before Claim despite it being headed with that exact phrase. There is no proof of claim or forms. The letter has 4 ways to pay and all of them are payment to Gladstones.

I will continue to read through replies and threads posted for more information and respond where possible. Thank you so much for all the advice so far. I would have honestly hoped they had better things to do in the current situation. I will certainly ask what justification they have for adding the £60 extra as all they have done so far is sent 2 letters, one of which never actually arrived.

Also with your support I know that if this requires going to court then the RK is absolutely willing to go that far. HX have not lost out any money and the fact they now want the RK to pay £160 is just not going to happen.

Umkomaas

Also with your support I know that if this requires going to court then the RK is absolutely willing to go that far. HX have not lost out any money and the fact they now want the RK to pay £160 is just not going to happen.

That's the spiky attitude towards these parasites we like to see. Great stuff. 👍

zhonguonuren

Hello OP.  Congratulations on the new baby and very sorry you are being harassed and especially at this difficult time.  A massive thank you to your partner (and all other key workers).  

Please do send an email of complaint to the SRA.  I am in regular touch and I believe we can get this outfit stopped.  The actual email address is

report@sra.org.uk

The experts on here will help with the process on the PCN but I am concerned about the harassment element.  I have already notified the SRA about it and an email from those in the same circumstances would help.  If you follow the advice and get the PCN cancelled or Gladstones discontinue your claim, please come back and tell us.  

Wishing you all the best.  Zhong