Gladstoned- letter before Claim

amylou2

Hello everyone, 

I have read the newbies thread and various other posts similar to mine but am still not sure and find it quite confusing with all the legal jargon , so please be kind.

I recieved a PCN  in 2019 from premier parking stating I did not pay for whole period of parking. The time I overlapped by was 15 minutes in total. This went to my old address and I recieved it from my previous landlord many months later, stupidly I ignored it .

I have just recieved a gladstones Letter before claim to my new address requesting I pay £170. 

So my question is, what is the correct move now. I do not believe I should pay as the time I overstayed was 15 minutes. 11 minutes before I purchased the ticked and 5 minutes once the ticket expired.  

I see it says not to fill in the online forms for gladstones. And not to.admit to being the driver.

Your help would be hugely appreciated  thankyou 

Coupon-mad

Please look again, who is the parking firm because it's not the name you gave above.

You next move is what the NEWBIES thread 2nd post tells you about LBC stage.  Plus tell the DPO of the PPC to ERASE your old address snd rectify their data to the new address, when you email the DPO for the SAR that the NEWBIES thread explains snd shows an example for.

All forum acronyms are explained in the 5th post of the sticky thread.  See my signature below if you don't know where the link back to page one is.

amylou2

Thankyou for your reply. The firm is Premier Park Limited. 

Not exactly sure what your advice is at present but will go back through the threads and try to find out the acronyms and understand a bit more.

Coupon-mad

You only need to read the two posts of the NEWBIES FAQS I mentioned, plus a load of other Premier Park threads would be useful for you to prepare and learn how to win.

amylou2

Yes I think I have found the threads that you suggested now and will send the emails as described. Thanks very much for your help.

D_P_Dance

I have just recieved a gladstones Letter before claim to my new address requesting I pay £170. 

They have added what appears to be an extra unlawful amount for debt collection. Judges have dismissed an entire claim because of this. 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''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

amylou2

Thankyou for the information. Sounds very similar to what they have sent me. £100 original parking charge and £70 which is supposedly  for time/ resources spent facilitating the recovery of the unpaid charge. Would that be considered unlawful? 

KeithP

amylou2 said:

Thankyou for the information. Sounds very similar to what they have sent me. £100 original parking charge and £70 which is supposedly  for time/ resources spent facilitating the recovery of the unpaid charge. Would that be considered unlawful? 

Yes.     

Coupon-mad

By many Judges, yes.  That's why the Template Defence thread already covers that, for all cases where the PPC has added money.