Gladstones Solicitors court threat

username54321

Hi all,

Received the above. Unsure how to proceed. The PCN is for something that happend in 2018. The parking space had no signage nor was there any markings on the floor. I had to physically get out of my car to walk to a tiny sign that was obscured by other parked cars. Definitely felt like entrapment as I have seen many people park there when i have since driven past. I no longer even own this car. I was probably there all of 2 mins (time taken to get out of the car and read the poorly placed sign which was impossible to read from the car). They are sending it to old main driver of the car, i was listed as a second driver. The old driver (a family member) is understandably upset too!

How do I proceed? I did not respond to anything previously, I think the last correspondence I received was about 2 or 3 years ago.

Please help! Thank you very much in advance!

nicestrawb

So you need to respond to this. You need to follow the advice in the newbies thread, but on the face of it sounds very winnable. Who is the client and where was the carpark? Let me guess.... £160...

username54321

nicestrawb said:

So you need to respond to this. You need to follow the advice in the newbies thread, but on the face of it sounds very winnable. Who is the client and where was the carpark? Let me guess.... £160...

Thank you for responding so quickly! It is £160. I also have photos of the area just to demonstrate how unfair this PCN is. I will look through my old photo album and post in a bit. The client is: Euro Parking Services Ltd. A bit weary of parking the name of the carpark, as it appears that people from these companies trawl these threads, but it was a car park in the West Midlands.

nicestrawb

If you follow the  newbies thread and submit an SAR, it should give you everything they are potentially going to rely on in court, so might save yourself some time trawling through your files. If you do have anything on top of what they're stating then of course it may be useful depending on the content. Have you tried contacting the land owner? Best tactic for starters.

username54321

nicestrawb said:

If you follow the  newbies thread and submit an SAR, it should give you everything they are potentially going to rely on in court, so might save yourself some time trawling through your files. If you do have anything on top of what they're stating then of course it may be useful depending on the content. Have you tried contacting the land owner? Best tactic for starters.

Hi,
Sorry if I am being very thick, but which is the newbies thread and what is a SAR?

KeithP

To find the NEWBIES thread go back to that screen where you found the New Thread button earlier.
One of the first five threads on the thread list found there is the NEWBIES thread - the thread with the word NEWBIES in capitals in the thread title.

The fourth post on the NEWBIES thread explains a lot of the acronyms and initialisms used here.

username54321

The letter says I have two choices: 1: Pay £160  2: Dispute the debt on their reply form. Is there a template I can use for the reply form?

D_P_Dance

 Is there a template I can use for the reply form?

Yes, read the newbies.

Le_Kirk

Write back and tell them that, whilst you dispute the debt, you are seeking debt advice and you require them to place the matter on hold for at least 30 days in line with the pre-action protocol for debt claims.  That will give you time to sort out a defence (in your mind) having read the NEWBIE sticky and be prepared for the claim form from CCBC, which cannot be ignored.

username54321

Thanks! I have scrolled through. I think this is the relevant part as the letter is a 'letter before claim'. According to this I should ignore their dispute form option?

SMALL CLAIM?
Pre-action stage:
If you have a 'Letter of claim' or Letter Before Claim (LBC), a claim IS likely. I mean a 'real' LBC with a 30 day deadline and reply forms.

DO NOT use the 'reply forms'. You do not have to declare your finances!

This is a chance to see the PPC's hand - so send them (NOT their solicitor!) a Subject Access Request 'SAR' listing what you want to see by way of data the PPC holds about you:

Find out where to send the SAR by email, by looking on the Parking firm's PRIVACY webpage, telling you where to send 'data concerns' to their Data Protection Officer (DPO).

You do NOT have to supply intrusive ID (intrusive = driving licence or Passport) so refuse that if they demand it, but you do have to show that you are the correct data subject. So attach a scan of your V5C if you still own the car, or if not, a utility bill to show your name and address.

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; 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 outstanding against you and/or this VRN, and remind them that any claim must be for all PCNs, 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.

KeithP

The first few lines of second post of the NEWBIES thread explains exactly how you should react upon receiving a Letter of Claim.

Amongst other things, It explains how to send a SAR and how to deal with the forms.