LBC Gladstones - Euro Parking Services Ltd

SlashDot

Hi everyone. You kindly helped me on a parking ticket last year that eventually got dropped by Gladstones
My partner received an LBC from Gladstones on behalf of Euro Parking Services Ltd dated 29th April 2021 for £160. This is the first correspondence he has had (no physical ticket) regarding a parking charge on his current vehicle he owns for a small retail site in Birmingham with multiple retailers - Tesco, Greggs, Coral (he was visiting Greggs) - on 19/9/20.
The letter starts, "We wrote to you on 22 April 2021 at an alternate address. We have since carried out an Experian trace, which has produced a new address for you." 
He is emailing GS and requesting a VAR from EPS, as per the newbie thread.
Regarding the landowner - I did a Land Registry search and found the owner is an Andrew Morrison (https://www.bizseek.co.uk/morrison-associates_3o-0121-608-9007), an architect also on the site from the looks of it. Should we complain to him or Greggs to see if they can cancel the ticket? 
Thanks all. 

D_P_Dance

My partner received an LBC from Gladstones on behalf of Euro Parking Services Ltd dated 29th April 2021 for £160. 
The added £60 is highly likely to be unlawful, read this and complain to your MP,

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''.

Fruitcake

I assume you meant SAR, not VAR. You will need to send proof of ID such as a copy of the vehicle V5C as long as it is up to date. (If not, get it done asap as that could result in a real £1000 charge. I believe it can now be done online.)
Alternatively, send copies of two redacted utility bills or bank/card statements, or one plus a copy of the LBC. Never send photo' ID.

Complain to anyone and everyone. A landowner cancellation is always best, but sometimes managers and/or CEOs of companies can get scamvoices cancelled that occurred on retail sites.

Also complain to your MP and ask them to contact the MP of the place where the alleged event took place.

Meanwhile, follow the guide to court in the second post of the NEWBIES. Note that everything must be done in the name of the defendant, but you can of course help.

D_P_Dance

Remember, you are not dealing with John Lewis,  read this.

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

Umkomaas

I assume you meant SAR, not VAR.

Maybe watching too much TV footie!

SlashDot

To be sent to GS :

I write in response to your letter dated 29th April 2021 and confirm I am indeed the registered keeper of this vehicle and can further confirm that this is the ONLY communication I have received regarding the alleged parking offence. 

You have failed to make it clear but it seems that your letter is merely a standard debt collector template and not a Letter before Claim.

You appear to be unaware that Euro Car Parking Services have not made ANY attempts to communicate with me in relation to this matter, this includes any parking ticket notification or any other form of correspondence in relation to this. Therefore, there is no lawful reason for me to need to respond. Without the POFA, I cannot be held liable for a private parking charge, as registered keeper.

It would have been practical for your client to have taken the matter up with the driver of the vehicle at the time of the alleged offence, in person. Therefore, your client has no cause of action. 

I note from the outlandish statement in your letter that "full details have been sent to you by our client". I can confirm, as previously stated, that NO communication has been received from your client in relation to this matter, or from yourselves to my address where my vehicle is registered. 

I further note, as stated in the same letter, that you "wrote to me on 22nd April at an alternate address" and you had to "carry out an Experian trace" in order to locate me. My vehicle is registered to my address as listed above, so I have no idea what you are talking about. It seems somewhat assinine to claim to have sent a letter to an 'alternate address' and then 7 days later send a 'Letter before claim' to another address after performing an experian check. 

Please feel free to provide strict proof of all previous communication sent to my actual address (at the head of this letter), as opposed to one you have imagined - and please include any recorded delivery information of yours and, or, your clients alleged communication in relation to this matter. 

I argue that if your client felt a charge was due during any period of parking last year, the charge (if any, e.g. a small tariff) notification should have been provided on the day, to avoid trying to penalise me, backed by no evidence and no commercial justification, some 8 months later.

Any response short of confirming cancellation of this claim, will be considered harassment of a party who has made their lack of legal liability clear. I will not hesitate to complain to the SRA about your unscrupulous conduct if you continue to pursue this matter.

Yours Sincerely,

Le_Kirk

Are you sure that the vehicle is and was (during the period of parking claimed) registered at your current address and the V5C is up-to-date?

SlashDot

Le_Kirk said:

Are you sure that the vehicle is and was (during the period of parking claimed) registered at your current address and the V5C is up-to-date?

To the best of his knowledge @Le_Kirk. But he's going to check. 

Fruitcake

The scammers only have the address where the vehicle was registered with the DVLA at the time of the alleged event. They aren't allowed to ask the DVLA again, which is why they used a tracing service after presumably getting no reply from the previous address obtained from the DVLA.

Forget the last two paragraphs. The Beavis case in 2015 gave them notional commercial justification to scam. As for harassment, sending a LBC on instructions from their client is perfectly allowable. Proving harassment is a very high bar to achieve. Mentioning it will get you nowhere, and may make you look unreasonable.

Coupon-mad

The letter starts, "We wrote to you on 22 April 2021 at an alternate address. We have since carried out an Experian trace, which has produced a new address for you." 
He is emailing GS and requesting a SAR from EPS, as per the newbie thread.

Right, so the MOST IMPORTANT thing to say to Gladstones and the PPC (both) is to erase that old address and note the correct address for service (don't assume they'll use the right one for the inevitable claim...that way lies potential disaster and a CCJ that the D won't know about until it's too late).

Fruitcake

Send the above as a rectification notice to the DPO of the scammers. For both this, he will need to include proof of ID such as a copy of the V5C if it is up to date, or copies of two redacted utility bills or bank/card statements, or one plus a copy of the LBC to the correct address.

Make sure the word, erase is used for the rectification notice. It has a specific meaning.