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ADVICE PLEASE gladstone solicitors

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please could i get some of your expert advice.
To summarise- my daughter has received a letter from GLADSTONE SOLICITORS dated 4.2.21.  It is a LETTER BEFORE CLAIM and relates to an unpaid parking charge notice from 3.3.20. The amount due is £160.
Without going into details my daughter claims she doesnt know what this is for and doesnt recall getting a letter about it before.she no longer owns the car that is applies to(was scrapped in sept 2020). She is not living at home anymore(although all post still comes to my address etc) and i certainly havent seen any letters in the past few months. Due to her suffering with mental illness there is a chance she has ignored a letter! but due to her illness she is not well enough at present to take this on board and i dont want it to be ignored.
What should i do?
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Comments

  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The process is explained iin the newbies, please read it and complain to her MP.  T
    You never know how far you can go until you go too far.
  • any letters regarding this would have been sent to the address shown on the cars v5 , back in 3.3.20., the initial letter would have either have been deliveered to the address AS SHOWN IN V5 , wither within 14 days if this was a anpr type ticket or between days 29 and 56 after incident ifa ticket was placed on the car 

    without you going into the details you are witholding you would need or not need to find out vwho the parking co was , and dependent on 
    the details you are witholding you would need or not need to contact the parking co and send a subject access request which may enlighten your daughter as to which location and at what time , and indeed the reason 
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    It is a LETTER BEFORE CLAIM and relates to an unpaid parking charge notice from 3.3.20. The amount due is £160

    Gladstones have added a fake unlawful £60 so their claim is unreliable.
    They already know this, many Judges have told them.  Read this .

    Abuse of Process thread 

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

    Whilst reading the thread, carefully read a judgement .. EXCEL v WILKINSON
    This was heard by DDJ Jackson, who has since been promoted to HHJ Jackson.  She is a very senior judge and her view of the fake £60 is that it is abuse of process and reason to strike out any claim that includes it.

    You need to reply to the LBA.  You (your daughter) denies any debt and requires their legal authority to add £60
  • apologies for not being clear. I can see the company was
    UK car park management Limited 
    The location was The Edition-130 colindale avenue london NW95HE
    ive attached the letters
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Your daughter needs to respond to that letter.

    The first few paragraphs of the second post of the NEWBIES thread offers good guidance on how to respond to a Letter of Claim.

    Your daughter should also send a Subject Access Request to the parking company so that she is armed with the full details of everything they are claiming. How to send a SAR is also in that second post of the NEWBIES thread.


  • Umkomaas
    Umkomaas Posts: 43,370 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You cannot do this 'on behalf' of your daughter, you must get her involved. You can do the background research and document drafting, but her name and signature goes on the top and bottom of final versions. 

    UKCPM are the most litigious PPC in the country and it's almost certain that the case will hurtle towards a court hearing which your daughter must attend, although you can act as her lay representative on the day (more further down road on that). What you must not do is take over everything as if this is your own case, it is not!

    I notice that we've helped you before, including a case involving Equita/ParkingEye, but you left us up in the air on that one with no feedback on how it progressed. I do hope that if we make the effort to help you and your daughter on this current case, we won't be forgotten so easily in future?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • apologies if i didnt put feedback on that previous post.i will go back and look at that.
    I will get her to sign the letter i draft and put her details. I would rather not be doing this at all but sadly i have no choice at the moment and realise that this will progress further if nothing is done, irrelevant of the fact she is too unwell at present.
  • Le_Kirk
    Le_Kirk Posts: 24,566 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If it is this thread: -
    https://forums.moneysavingexpert.com/discussion/5689671/parking-eye-county-court-letter-help/p8
    feedback has been given and the case was closed by PE.  The thread is closed so no more feedback an be added.
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    WRT the unlawful addition of £60 read this


    At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

    and complain to the SRA.  It is time they stopped these firms  from trying this on

    https://www.sra.org.uk/consumers/problems/report-solicitor/


    You never know how far you can go until you go too far.
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