Gladstones letter after 3 years

MrJack2021

Hi newbie here.

I have just got a Gladstones "letter before claim" regarding a ticket from September 2018, so almost 3 years ago! First question are they allowed to keep chasing me for payment after so long? I thought AM parking had given up after I ignored everything they and other collection firms sent me for the first few months. Since then 2 and a half years of silence and now I get this letter from Gladstones.

The letter also states "Our client (AM parking) reserves the right to commence court proceedings without further reference to you should that prove necessary and appropriate." So second question are they really allowed to take a case to court without my inclusion and chance to defend myself in court?

If the case goes to court I'm confident I could win just because how ridiculous the ticket was, and I'm actually suprised it's gotten to this point. One would think someone working for AM would have some common sense. The ticket was for "parking in roadway". Basically I live in flats with a central shared car park, and this day someone had parked in my space. So I then parked safely, not in anybody elses space, but not in any actual bay. I was not blocking anyone else in or out of their space, nor obstructing other vehicles from passing, you could fit 3 or 4 more cars side to side in the space that was still there. My permit was displayed. Also the car that parked in my space did not even get a ticket (I checked several times) so ironically if I'd just been an inconsiderate so-so I could have parked in someone elses space and probably not gotten a ticket at all! Also, AM is the same firm that ticketed me on the first day I moved in here, before they'd even gave my the permit, that one was sorted thankfully.

Also, I approched my landlord about it (Hyde) but they just came back with "Hyde is not responsible for parking fines and this will need to be addressed with the Enforcement Company." Does anyone have insight into landlords obligations in these cases?

Advice on this one is welcomed.

Thank you for reading.

Redx

The claimant has 6 years to issue a court claim pack from the CCBC in Northampton in England and Wales , small claims has been that way since 1973 !! So yes they can chase up the outstanding invoice !!  Definitely 

If the a formal LBC giving 30 days notice and includes financial forms , then that it as one !!

Ignoring it means that they can issue a court claim pack from the CCBC in Northampton , MCOL , Google it , without contacting you further. The CCBC in Northampton will then issue the court claim pack by post to your address !!

Your lease or AST or similar will dictate what can or should be done

The landlord and tenant act also mentions the laws and rules too

MrJack2021

I should also add the ticket was a windscreen ticket, which I ignored, and I did not receive any letter until the NTK which arrived 121 days later, if that makes any difference.

Redx

I don't think that a m parking comply with POFA anyway. , Many don't ( it's not mandatory )

Le_Kirk

You should complain bitterly to the management (and I use that term loosely) company that the blood-sucking leeches (MPs terms) that they have employed are not carrying out their job properly if they allow other cars to be parked in your space without any comeback.  You need this rectified immediately and you require them to contact their sub-contractors to cancel the PCN.  Does your lease mention anything about parking?

D_P_Dance

Read these and complain to your MP.

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies 


http://parking-prankster.blogspot.com/2016/11/residential-parking.html

MrJack2021

Le_Kirk said:

You should complain bitterly to the management (and I use that term loosely) company that the blood-sucking leeches (MPs terms) that they have employed are not carrying out their job properly if they allow other cars to be parked in your space without any comeback.  You need this rectified immediately and you require them to contact their sub-contractors to cancel the PCN.  Does your lease mention anything about parking?

I couldn't tell you what's in my lease. I tried to read it but its about 20 pages of text, written and worded in a way needing a degree to understand. From what I can see though, I cannot see any mention of parking in there at all.

Coupon-mad

That's a good thing, if it is silent about any parking rules or permits, you realise that?

But you can read that lease.  I can read leases and I'm not legally trained.  I know they are in old antiquated language but it doesn't mean you need a degree (I don't have a degree).  We encourage you to look again.

20 pages is fairly short for a residential lease!

Read it slowly and look for any sections about your rights to peaceful enjoyment, or the word 'vehicle'.  Look at the Schedules as well if they are attached.

I have just got a Gladstones "letter before claim" 

You know what to do, from the NEWBIES thread section about LBC stage.  

MrJack2021

I have written to Hyde explaining the situation and asking if they can cancel the AM Parking ticket. However, and I was unaware of this, AM are no longer managing this site. So AM are chasing a ticket given 3 years ago when they were managing the site, and dispite me hearing nothing from them for 2 and a half years, are now chasing again even though they no longer manage the site. Hyde say "Unfortunately I’m not sure we can do anything for this ticket which goes back a few years."

Does anybody know if this will likely be the case? I would have thought landlords had the power to instruct parking firms to cancel tickets unfairly given to residents. Or does the fact they no longer manage this site make any difference?

Otherwise from what I understand, all I can do now is request a SAR from AM, and email Gladstones telling them I've done so and also "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."

One last thing, how do I know if my LBC is legit? Somebody above said about giving 30 days notice and includes financial forms, what do such forms look like?

KeithP

MrJack2021 said:

One last thing, how do I know if my LBC is legit? Somebody above said about giving 30 days notice and includes financial forms, what do such forms look like?

Well... does the suspect letter give you thirty days notice or not?

Does the suspect letter include financial forms - whatever they may look like?
If you really want to know what the forms should look like then have a look at 'the PAP for Debt Claims 2017' that you have mentioned.

MrJack2021

KeithP said:

MrJack2021 said:

One last thing, how do I know if my LBC is legit? Somebody above said about giving 30 days notice and includes financial forms, what do such forms look like?

Well... does the suspect letter give you thirty days notice or not?

Does the suspect letter include financial forms - whatever they may look like?
If you really want to know what the forms should look like then have a look at 'the PAP for Debt Claims 2017' that you have mentioned.

It does say I must take action within 30 days. But after looking at 'the PAP for Debt Claims 2017'  there are no forms actually present with this letter, instead it says the forms can be completed on their website (Gladstones), once I have created a login. There is the option to request a paper version using a small form with a tickbox and space to sign and date. If allowed, I can post images of the letter with personal detailed blacked out?