E S P LTD & Gladstones Letter Before Claim

Disgruntled4051

Hi folks, I appreciate all the work you have put into the stickies and I have found out some really interesting and relevant information. You are all amazing for helping us out and previously you helped me get a POPLA win on landowner authority grounds against a company who was BPA compliant so many thanks for that!

With regard to the driver’s current situation, the driver has recently moved back home to Northern Ireland (due to covid) but received an LBC 3 days ago for a date several months ago when the driver lived in England. It was for a privately rented flat with fobbed access and was the driver’s private space. The company have stated they could not see the parking permit. The driver is unaware how residing in NI again affects the usual processes that you advise other people in the same position. Probably a stupid question but is the driver expected to go to court in England?

 The driver is aware that this might be their only case in NI and they scan posts so the driver is reluctant to say any more only the SAR has been sent and Gallstones have been notified.

 Many thanks for any and all support!

Coupon-mad

If the LBC didn't go to the NI address, immediately reply to the solicitor (if there is one) and the parking firm and tell them your new address for service in NI (in full) and to erase the old address.  And ask for evidence of the allegations to be sent to NI and to explain how they are planning to sue you there?  Attach proof of your address, such as utility bill - BUT NOT your driving licence or passport of course, too much info.

Disgruntled4051

Thanks Coupon. LBC was sent here after Experian check. Originals went to previous address. Is it fair enough to use the solicitors website ( i created an account there) or use my own email? I am currently living with parents so no bills. All I have is a JSA claim... life goals huh...

Coupon-mad

You need to confirm which address is correct or they'll take the silence to mean they can get you a secret CCJ at the old address behind your back.  YOU MUST tell them to erase the alternative address and confirm the right one.  Attach your JSA claim as evidence of address and explain you are living with your parents again and are permanently in NI.

It means you are safe but ONLY if you remove old addresses from their databases.

Yes you can use the solicitors' online contact but with that JSA proof.  Also tell the PPC's data protection officer.

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP, sometimes it can lead to cancellation., i

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, and darfts have beenopened for publc consulatation,

Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, under new legislation 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/

Please also read these and have your say

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

Disgruntled4051

Just a quick question. Are we still sending letters stipulating where they have failed to adhere to the standards set out by the practice direction or can I just respond to to the letter before claim on their website? I began a letter stating the points I thought they had failed to address but then realised that I had gone quite off track reading previous posts and clicking links that were similar to my case etc.

This is what it says on the response section:

YOU HAVE 30 DAYS FROM THE DATE AT THE TOP OF THE LETTER BEFORE CLAIM TO FILL IN THIS FORM. IF YOU DON'T, IT COULD RESULT IN COURT PROCEEDINGS.

Please ensure you read the Pre-Action Protocol for debt claims document before completing the form. You can read the document here.

Full Name:

Address:

Postcode:

Contact Number:

Email:

Reference:

That's all there is to their website response option so is it full blown letter or simply use this?

Many thanks!

Timeouts

What they say is a legal requirement .... whether or not they comply, it is after all the incompetent Gladstones you are dealing with.   

Take note of previous posts but, guess they added a fake £60 which as usual is their downfall which you can see here plus all the other legals.

"What's it all about Gladstones" ........ they have NO legal reason

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

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP, sometimes it can lead to cancellation.,

Coupon-mad

Your priority was to confirm the correct address, to remove the old one from their databases, and a couple of other sentences I fed you already. You were only meant to say what I told you to say on 23rd Sept on this thread.

Disgruntled4051

I did mention the extra £60 in the email as directed by Timeout but they ignored that aspect. I have since received the following correspondence.

Unfortunately, we cannot process your request to erasure your previous address because we can demonstrate compelling legitimate grounds for the processing of your data, which override the interests, rights and freedoms of you as an individual.

We will not erase your previous address that we wrote to, on the basis we require the address, as it forms an integral part of our file and history of trying to recover monies in relation to unpaid Parking Charge ____, on behalf of our client. Your previous address is contained within documents that show the steps we have taken in trying to contact you, should legal proceedings be brought in respect of the matter.

We can assure you that the above address, is the address held in our system as your current residential address, and where correspondence shall be sent to in relation to the aforementioned Parking Charge.

With regards to your request for a restriction of processing your personal data on the basis you have made an access request to our client; unfortunately, we cannot process your request to erasure your previous address because we can demonstrate compelling legitimate grounds for the processing of your data and which override the interests, rights and freedoms of you as an individual. We are instructed to recover monies on behalf of our client, albeit we will ensure that the Pre Action Protocol period will be extended by a further 30 days.

Disgruntled4051

Hi folks,
I have just recently got the photos that they took of my car. I kept my permit in the left hand window just in front of my wing mirror. I have just had a look a d noticed that the permit hadn't actually fallen like I thought - it is actually there. I can see it! However they have taken the photo so the details arent visible. Now it says on their signage that it must be on display in or on the windscreen. My question is can this be considered the windscreen and is it worthwhile phoning GS and arguing my point?
I have heard nothing since I asked for the 30 day extension for debt advice either. 
Thanks for any advice again.