Gladstone Solicitors - Letter Before Claim - Euro Parking Services

ezio1

Hi all,

I have read the NEWBIES!! PRIVATE PARKING TICKET in some depth. It seems to be quite overwhelming and something simple as the SAR seems to confuse me. Part of me feels I should just pay the fine as it seems to just be too much for me.

I parked within a carpark where I could not see any immediate notices. I received a parking notice through the post on 25/02/2020 which I was told to ignore.

I then received a LETTER BEFORE CLAIM from Gladstones Solicitors for £160 on 22nd April 2021.

I created an account with Gladstones Solicitors (picture attached) but am actually quite stuck as to what to do next. I am a disabled badge holder but do not know if this holds any weight in this regards.. Do i dispute the claim on the grounds I hold a disabled badge? or that the notices are inadequate?

Thank you in advance - sorry if the answer is clear in other forums but I have spent hours looking for a solution..

Coupon-mad

It's not a fine.

No-one here pays these scam parking charges.  What was it issued for, what alleged 'contravention'?

Le_Kirk

ezio1 said:

I have read the NEWBIES!! PRIVATE PARKING TICKET in some depth. It seems to be quite overwhelming and something simple as the SAR seems to confuse me. Part of me feels I should just pay the fine as it seems to just be too much for me.

I parked within a carpark where I could not see any immediate notices. I received a parking notice through the post on 25/02/2020 which I was told to ignore.

I then received a LETTER BEFORE CLAIM from Gladstones Solicitors for £160 on 22nd April 2021.

I created an account with Gladstones Solicitors (picture attached) but am actually quite stuck as to what to do next. I am a disabled badge holder but do not know if this holds any weight in this regards.. Do i dispute the claim on the grounds I hold a disabled badge? or that the notices are inadequate?

Thank you in advance - sorry if the answer is clear in other forums but I have spent hours looking for a solution..

Who told you to ignore it?  Maybe you should ask them to sort it for you!  As you ignored the original PCN you have passed the point at where you can appeal. In some ways this makes it easier when reading the NEWBIE sticky as you can ignore the first post and go to second post and just read about letter before/of claim (LOC).  It quite clearly tells you not to fill in the solicitors financial forms.  You can acknowledge the LOC by e-mail or letter (no forms) and say that, whilst you deny the debt, you are seeking debt advice and require them - in line with the pre-action protocol for debt claims - to put this account on hold for thirty days. 
In that time, you can get your head around what might be coming next.  Have you considered complaining to the landowner and asking for the PCN to be cancelled on the basis that you were caught out by the lack of signage.  Have a read of some other threads, maybe about the same car park or the same PPC and see what others have done.  Have a read of the template defence and see what you might put as paragraphs 2 & 3 in your defence.  Since you appear to have all the paperwork and the photos, there is probably no point/need in submitting a SAR, which will only give you what you already have.  Of course, it would cause them some extra work!

Redx

It says parked without displaying a valid permit , so was it a permit only car park and if so why did the driver not display one ? Why did the driver believe that they could park there ? Did the driver have permission from the landowner to park there ?

A blue badge does not allow the owner to park anywhere , anytime , for free

What do the signs say about blue badge parking ? Or do the say nothing at all ?

Most blue badge infringements are due to the driver not reading and complying with the signs , believing that the blue badge allows free parking wherever they like ?

So more information please

Coupon-mad

Maybe they only briefly stopped.  Euro PS sites are renowned for a lack of signs as well.

ezio1

Thank you for all your input, it is greatly appreciated. I called the landowner and it is a very unusual case. Half of the carpark was for restaurant use (which is why I parked there) and the other half, a permit is required. There is no immediate indication whatsoever of the boundaries. in fact, there isnt even any marking on the floor..

I parked there all the time previously to go to the restaurant with no issues.. I have yet to respond to the Letter Before Claim and don't quite know my next step, despite spending hours on the forums.

1505grandad

Parking time seems to be less than 2.30 minutes.

Umkomaas

NtK is not PoFA-compliant. 

1. The warning as per Schedule 4, para 9(2)(f) is incorrect - 'date of issue' rather than the required 'given date'. 

2. NtK not delivered within PoFA timescale. 

@OP - the NEWBIES FAQ sticky should explain the why's of both the above. You will need to get a full understanding of how these work as you are likely to have to argue this defence point for the Judge. 

Both above contingent on the identity of the driver having not been given. 

D_P_Dance

I then received a LETTER BEFORE CLAIM from Gladstones Solicitors for £160 

£60 of which is almost certain to be unlawful, 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 this

https://uk.trustpilot.com/review/www.gladstonessolicitors.co.uk

Have you complained to your MP?

Coupon-mad

What did the landowner say and why didn't they cancel the PCN and admit that the lines & signs fail to delineate the car parking spaces fairly and clearly?

ezio1

I called the restaurant and they informed me that a portion of the land is theirs and customers often get confused as to where to park, as this is a back entrance to around 10 shops. There is definitely no clear signage to indicate multiple landowners for one car parking area. Thus, I can only conclude the vehicle was parked in a space that was not owned by the restaurant. Again, no marking on the floor or proper signage to indicate boundaries.