Parking fine, NOW RECEIVED A LBC - PLEASE HELP

deansmith105

Hi, 
I have been receiving letters from Gladstones Solicitors since 30th June 2020 regarding a parking fine on a car which I sold two and a half years ago. I do vividly remember getting a PCN all that time ago but due to the time gap I cannot remember the specific details surrounding it. The first letter stated I needed to pay £145. The second letter dated end of July then threatened me with court action if I didn't pay. The third letter in early September is a letter before claim saying I have 30 days to pay the fine or else there client reserves their rights to commence court proceedings. 

I should have done my research much sooner, however I ignored the letters in the hope of them going away as this is what I read elsewhere before doing more extensive research. I have read that by going to court even if I do lose (which i feel is likely if I can't even remember the details surrounding the fine) I can pay the full amount of the CCJ within 30 days then It will not show on my credit report. However, I am taking out my first mortgage within the next year and I have read that although the CCJ will not show on a credit report the defaults that led to the lender initiating court action will still show on the report and that can affect your credit score. 

Please can someone advise the best way forward for me. 

Any help is much appreciated.

Umkomaas

Please read the NEWBIES FAQ sticky, second post, which covers the court process from the point at which you are now. 

Stop worrying about a CCJ affecting credit records. It will only occur if this goes to court, you lose, and you don't pay the amount awarded against you by the deadline set by the Judge. It is entirely in your own hands. There is no record of proceedings being started, only when they are concluded. 

Which parking firm is involved?

deansmith105

I have read the NEWBIES FAQ, however some things I was still unsure of, like the fact I can't even remember the details surrounding the ticket. The parking firm is "Local Parking Security Limited"
Your reply is much greatly appreciated.

Redx

Email a SAR to LPS then , attaching a copy of your V5C as proof of I D under the GDPR law

No need to remember , or to guess , the newbies FAQ sticky thread makes it quite clear that a SAR should be sent to get all your documents , pictures and data , so why are you speculating about it ??  What is unclear about that newbies advice regarding an LBC ?

We know people cannot remember , I cannot remember what I did last week , never mind 2 years ago

Email the SAR , today

Umkomaas

deansmith105 said:

I have read the NEWBIES FAQ, however some things I was still unsure of, like the fact I can't even remember the details surrounding the ticket. The parking firm is "Local Parking Security Limited"
Your reply is much greatly appreciated.

But the post I pointed you to includes the advice to send a SAR to the PPC's DPO which will elicit all communications they have sent you, then you'll have everything you need. 

Local Parking Security are not recognised as litigious (no court claims last year), but there are no guarantees in this game and you must jump through every hoop rolled in front of you and work on the basis that this will result in a court hearing. But .... often the issue of the Letter of Claim (what you seem to have just received) and subsequent court claim via the Northampton CCBC are used for leverage ... but not a time for complacency. 

deansmith105

I will send the SAR to local parking security as well as an email to Gladstones stating that I have sent LPS a SAR as well as that I am seeking legal advice, as per advice from the newbies thread.

deansmith105

I have sent the SAR as well as an email to Gladstones stating I am seeking legal advice etc. Should I wait for a reply or should I go down the route of fighting back the LBC with the practice direction as stated in the newbie thread?

deansmith105

I meant to say the LBC fight back thread.

Le_Kirk

As you no longer own the car, you cannot use the V5C as proof of ID, so you'll have to use something else like council tax or utility bill if you still get them - do not send driving licence or passport.  Be aware that you do not ask for the case to be put on hold because you have submitted a SAR but because, although you deny any debt exists, you are seeking debt advice, so, in line with the pre-action protocol for debt claims you require them to put the case on hold for 30 days.

Umkomaas

deansmith105 said:

I meant to say the LBC fight back thread.

Do you mean the one by zzzlazydaisy?  That's ancient.  I pointed you to the thread you need to follow in my first posting:

Please read the NEWBIES FAQ sticky, second post, which covers the court process from the point at which you are now. 

For what purpose did you send this to Gladstones?

as well as an email to Gladstones stating I am seeking legal advice etc.

deansmith105

I was reading both threads, I will ensure to stick to the one that pointed me towards. I sent it to gladstones due to what it says on the thread......

 A SAR is free. Ask for (as a minimum):
- ALL photos taken
- all letters/emails sent and received, including any appeal correspondence earlier
- if the car park was Pay and Display, ALWAYS ask for a PDT machine record from that day, of payments made (VRNs can be partially redacted but insist on getting this and follow it up if they refuse).
- all data held, all evidence they will rely on, and a full copy of the PCN, NTK
- and a list of all PCNs they say are outstanding against you and/or this VRN, and remind them that any claim must be for all PCNs in one claim, not several separate claims.

As well as the SAR to the parking firm's DPO, also write another email, if they are using Gladstones, DCLegal, BW Legal or other solicitor.
Your email tells the solicitor:
(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
(b) I have sent your client a SAR
(c) also confirm your correct 'address for service' if you've moved and the PPC has two addresses.