LBC recieved from Gladstones Solicitors

Winston19

Hi everyone, looking for some advice so thank you in advance for reading!

In March 2020 the RK recieved a PCN for parking on a private access road which is monitored by UK Car Park Management. The car was there a mere couple of minutes. The ticket was appealed on the basis that the ticket was issued 44 seconds after the car was first witnessed; leaving no grace period or even enough time for the driver to fully read the parking restrictions sign. 
Obviously the appeal was rejected and then came the onslaught of threatening letters from DRP which were all ignored. The RK has since recieve a LBC from Gladestones Solictors chasing payment for this PCN (plus the added £60 for 'resources') and another which was apparently recieved in November 2019 although no PCN was issued or correspondence was ever recieved in relation to this PCN.

Following the NEWBIES thread advice I have written to UK CPM with a SAR and I have emailed Gladstones informing them I am seeking debt advice although deny any debt and requested the case be put on hold for 30 days. 

My query is how likely is it that this case can be won? I am working full time on the NHS front line and the thought of dealing with a court case as well is making me question whether the added stress is worth it. Any and all advice for future steps will be gratefully received, thank you all.

Coupon-mad

Did you miss the stat in the NEWBIES thread that we see wins 99% of the time?  Have done since 2016. 

Your case is a winner, if they only took photos over a period of seconds.  More than likely, when they see a decent defence and witness statement they'll probably discontinue before any hearing.  They are looking for scared victims who wrongly panic that they will get an automatic CCJ.   That is not possible as long as you follow our advice.

Winston19

OK thank you very much for your reply. Shall I still use the 2020 template defence with #2 and #3 edited with my case details? 

Umkomaas

Winston19 said:

OK thank you very much for your reply. Shall I still use the 2020 template defence with #2 and #3 edited with my case details? 

Is there another you've spotted?

Winston19

Umkomaas said:

Winston19 said:

OK thank you very much for your reply. Shall I still use the 2020 template defence with #2 and #3 edited with my case details? 

Is there another you've spotted?

Il take that as a yes then, thank you. 
Based on the signage would I also have a case that it is prohibitive rather than contractual? (Picture attached)

D_P_Dance

Is that sign at ankle level?

Have they added the usual unlawful £60?  If so complain to your MP and  read this

Excel v Wilkinson

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 copy the correspondence to the SRA, it is time they put a stop to this deception by an officers of the court. .

https://www.sra.org.uk/consumers/instructing/your-right-to-complain/

Fruitcake

Card payment charges and premium rate 'phone numbers have been prohibited for years. You should complain to the BPA about that.

Winston19

Yes the sign is at ankle level and they have added the £60.
I will write to my MP and complain to BPA, thank you both. 

D_P_Dance

Also to Trading Standards

Winston19

Can I use the fact it is an ankle level sign within my defence? 

D_P_Dance

Of course, big it up.