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Brittania parking/BW legal taking me to court

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  • Umkomaas
    Umkomaas Posts: 43,379 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    More needs to be done to regulate them ! 
    It is being done.
    I hope so soon! 
    Some of us have put a lot of our lives into it!  Words come easy, actions take much more. 
    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
  • Umkomaas said:
    More needs to be done to regulate them ! 
    It is being done.
    I hope so soon! 
    Some of us have put a lot of our lives into it!  Words come easy, actions take much more. 
    And I for one am very greatful right now! Frustrating for you guys and very scary for the lay person like myself; I have never had to go to court before so to have to go and defend myself is literally terrifying! Life is hard enough these days 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Regarding the so called Gladstone's letter , it may be from drp and not Gladstone's , so check the address and who it says to pay , it's it's gslcollections and a knutsford golf club address , with 30 days notice , reply as per an LBC , plus email a SAR to the DPO at the PPC involved (which PPC ? )

    If it's from drpl with a gal letterhead , ignore it

    As for this live Britannia court claim , concentrate on your Defence , we haven't seen paragraphs 2 and 3 yet !! (Plus ensure your AOS is done , the MCOL claim history will tell you)

    You can worry about the greater good after the DQ stage has been filed , for now , concentrate on the here and now , regardless of what Britannia reply with , your defence does not rely on the SAR reply , with or without that reply slip you sent


  • bluegoldie
    bluegoldie Posts: 84 Forumite
    Sixth Anniversary 10 Posts Combo Breaker Name Dropper
    edited 21 February 2021 at 3:45PM
    Redx said:
    Regarding the so called Gladstone's letter , it may be from drp and not Gladstone's , so check the address and who it says to pay , it's it's gslcollections and a knutsford golf club address , with 30 days notice , reply as per an LBC , plus email a SAR to the DPO at the PPC involved (which PPC ? )

    If it's from drpl with a gal letterhead , ignore it

    As for this live Britannia court claim , concentrate on your Defence , we haven't seen paragraphs 2 and 3 yet !! (Plus ensure your AOS is done , the MCOL claim history will tell you)

    You can worry about the greater good after the DQ stage has been filed , for now , concentrate on the here and now , regardless of what Britannia reply with , your defence does not rely on the SAR reply , with or without that reply slip you sent


    It is the golf club one with a 14 day notice to pay 160 pounds by the 1st of march. PPC is new generation parking from 2018 
  • The facts as known to the Defendant?
    2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied as the defendant was definitely not the driver.
     
    3.1 the defendant  was first made aware of the alleged breach of contract on the 27th of August 2020. The defendant was not the driver at the time of the alleged offence and was confident that the photos sent were  proof of this. As a consequence the defendant completed the transfer of liability section on the letter providing full details and a serviceable address for the driver, and this was returned via first class post on the 13th of September; the defendant would therefore like to acknowledge that this  was compliant with the responsibility to POFA.
    3.2 No appeal was made to the claimant for liability within the 28 days due to the defendant complying with the request set out in the transfer of liability.
    3.3 following harassment and the level of distress caused the defendant emailed the claimants representative on the 3rd of December to dispute the debt and requested that liability for the debt was proven to be the defendants responsibility as per the financial conduct authority under section 7. 
    3.4 A response was received on the 9th of December 2020,  this response only contained the original PCN (copy) from the 27th of August 2020 and the subsequent final letter dated the 14th of September 2020. There was no attempt made to establish with the defendant the basis of the dispute nor did it attempt to rectify the concerns raised. 
    3.6 The defendant maintains that they have not withheld information in regards to the identity of the driver thus fulfilling their responsibility as registered keeper


    My defence statement so far
  • Coupon-mad
    Coupon-mad Posts: 152,019 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 February 2021 at 4:03PM
     It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied.   as the  The Defendant was definitely not the driver and transferred liability to the driver in accordance with the Protection of Freedoms Act 2012, Schedule 4.  At that point, the Defendant's potential for any liability (which is not admitted because it is not automatic) ended.

    Remove this and remove all your 'of' in the dates; it reads badly when you put the word 'of' in!
    ; the defendant would therefore like to acknowledge that this  was compliant with the responsibility to POFA.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 21 February 2021 at 9:17PM
    Redx said:
    Regarding the so called Gladstone's letter , it may be from drp and not Gladstone's , so check the address and who it says to pay , it's it's gslcollections and a knutsford golf club address , with 30 days notice , reply as per an LBC , plus email a SAR to the DPO at the PPC involved (which PPC ? )

    If it's from drpl with a gal letterhead , ignore it

    As for this live Britannia court claim , concentrate on your Defence , we haven't seen paragraphs 2 and 3 yet !! (Plus ensure your AOS is done , the MCOL claim history will tell you)

    You can worry about the greater good after the DQ stage has been filed , for now , concentrate on the here and now , regardless of what Britannia reply with , your defence does not rely on the SAR reply , with or without that reply slip you sent


    It is the golf club one with a 14 day notice to pay 160 pounds by the 1st of march. PPC is new generation parking from 2018 
    So 14 days is a debt collector letter , so can be ignored , but do the SAR anyway to ngpm , to their DPO , then await a real 30 day LBC from Gladrags 

    You didn't redact your name on that screenshot , please replace it

    Then make the changes recommended by Coupon mad and repost the 2 paragraphs again , below
  • Thank you for the continued support! And also in spotting my rookie error; much appreciated; here it is with the ammendments.
    facts as known to the Defendant?
    2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied.  The Defendant was definitely not the driver and transferred liability to the driver in accordance with the Protection of Freedoms Act 2012, Schedule 4.  At that point, the Defendant's potential for any liability (which is not admitted because it is not automatic) ended. 
    3.1 the defendant  was first made aware of the alleged breach of contract on the 27th August 2020. The defendant was not the driver at the time of the alleged offence and was confident that the photos sent were  proof of this. As a consequence the defendant completed the transfer of liability section on the letter providing full details and a serviceable address for the driver, and this was returned via first class post on the 13th September 2020.
    3.2 No appeal was made to the claimant for liability within the 28 days due to the defendant complying with the request set out in the transfer of liability.
    3.3 following harassment and the level of distress caused the defendant emailed the claimants representative on the 3rd December 2020  to dispute the debt and requested that liability for the debt was proven to be the defendants responsibility as per the financial conduct authority under section 7. 
    3.4 A response was received on the 9th December 2020,  this response only contained the original PCN (copy) from the 27th August 2020 and the subsequent final letter dated the 14th  September 2020. There was no attempt made to establish with the defendant the basis of the dispute nor did it attempt to rectify the concerns raised. 
    3.6 The defendant maintains that they have not withheld information in regards to the identity of the driver thus fulfilling their responsibility as registered keeper. 


  • Coupon-mad
    Coupon-mad Posts: 152,019 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It's not an offence, so change this:

    alleged offence parking event

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Umkomaas said:
    More needs to be done to regulate them ! 
    It is being done.
    I hope so soon! 
    Some of us have put a lot of our lives into it!  Words come easy, actions take much more. 
    And I for one am very greatful right now! Frustrating for you guys and very scary for the lay person like myself; I have never had to go to court before so to have to go and defend myself is literally terrifying! Life is hard enough these days 
    So you now know that the Gladstones letter is just a debt crawler ?
    A real letter before claim must give you 30 days

    It may come of a surprise to you but you and this forum are far smarter than Gladstones.

    If it comes to a court claim, by then you will have the perfect defence ready with the help of the forum.  Are Gladstones good in court = NO, they use "rent by the hour" legals who are normally clueless and useless.  Mind you, they often don't turn up at all or they discontinue before the court date because they know their case is rubbish.   Couple that with courts dismissing their claims for fakery, you would have a most enjoyable time


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