2015 Gladstone Letter Before Claim

Coupon-mad

Who is up for winning in court later this year, you or Mum?

If this were me, I'd email Gladstones as Mum (NOT AS YOU!) and 'she' then names you and gives your postal address for service (EVEN IF IT IS THE SAME ADDRESS) and she says in the email that she wasn't driving and has taken advice. 

And that she is hereby transferring liability under the POFA 2012, and that their client has no cause of action against her. 

Then, you wait to get various letters to you, and reply to each one, then asking for a SAR (NOT YET!!).  String it out, ask about the grace period and landowner, ask whatever you want, slowly.  This will get you through the first few months of looking after your little family in peace and then when you get the claim it will be yours.

Any scope for also complaining to the landowner?  Is it a retail park or what?

beamerguy

So respond to the letter of claim

1: Deny any debt
2:  As Gladstones have added the fake £60 which they are not entitled to and is unlawful
Reply asking them "On what LEGAL AUTHORITY do they have to add £60"

They have no legal authority so any reply will be a lie.  If they do not reply then you can tell the judge you asked what authority they have. If they do reply then it will be a fabrication.

The fake £60 is ABUSE OF PROCESS and you can read about this in these two threads

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

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

You will see that the courts spank Gladstones so read about the cases

Then Gladstones will have to produce a witness statement and the new Civil procedure will cover lies

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.

HarryKobi

Thank you very much for all of your replies, it's much appreciated.
I have decided to follow coupon-mads advice, I have sent them an email stating all of those points to transfer liability to myself.
So, I am sitting tight for now and will ask for advice as and when.
Thanks again! 

nosferatu1001

Sit tight but dont forget it. 

HarryKobi

Having sent an email to Gladstones on 09/04/2020 requesting to transfer liability to myself, I have not heard back. This isn't surprising as it is a bank holiday weekend but I'm concerned that the letter before claim requested payment within 14 days, the letter was dated April 1st. 
Should I make further contact, perhaps via telephone followed up with an email, to confirm receipt of  transfer of liability? The last thing I want are court papers being sent to my mum!
Thanks

Coupon-mad

I hope you did as I said and emailed this 'as Mum'?    That was vital.  Keeper names driver.

If so, Mum could forward it again and ask for confirmation that they have infirmed their client that the keeper has transferred liability and will now be taking the matter up with HarryKobi, the driver.

HarryKobi

Yes it was written as though from mum, naming me as the driver. Good idea, I will do that now.

Thanks a lot.

HarryKobi

Its approaching 5 pm on deadline to pay day in accordance with the letter before claim and I still haven't received any acknowledgement of my transfer of liability email sent  on 9th or follow up email sent yesterday, 13th.
Is the fact that I have sent this email and a follow up email enough to stop my mother having any more bother now do you guys think? 

Redx

No , but it's good evidence that she complied with POFA by naming the actual driver before any court claim is issued

Given present circumstances , sit on your hands , the ball is in their half of the court , nothing for you to do

D_P_Dance

If they contact your Mum again complain to their ATA.