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Gladstones solicitors "Letter Before Claim"

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Comments

  • Le_Kirk said:
    chrobakx said:
    Le_Kirk said:
    Yours faithfully is the correct salutation when closing a business letter that starts Dear Sir.  But none of those papers are a N1 claim form from CCBC.
    So Do I need to contact the Gladstones and request the form? Or is their duty to send me one? 
    You will receive the N1 claim form pack from CCB in Northampton; I would not be prompting anyone to send me one sooner than due process.
    Thanks, I'm still waiting for the response email from Gladstones. Today is 7th day.
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They probably have more pressing matters to deal with.

    https://www.sra.org.uk/consumers/register/organisation/?sraNumber=559050
    You never know how far you can go until you go too far.
  • Hello again

    Some progress has been made.

    In the 30 days period I responded to the LBC with following letter:

    Dear Gladstones Solicitors


    Reference xxx

    Date 26.11.2021

    Vehicle reg number xxx


    I refer to your “Letter Before Claim” dated 1st November 2021. 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.


    I dispute the debt because I paid the ticket for parking and displayed it inside the windscreen. I can prove it with a copy of the bank statement.  Nowhere on the sign behind the ticket machine was stated I had to input the car registration number. The ticket machine let me pay and printed the ticket without asking for a car registration number. 


    I would like to request the following information: 


    1.I request evidence as to who is the owner of the car park.

    2.Written copy of the contract between the landowner and your client, this need to show that authority was given by the owner to operate and issue parking charge notices on the date of the alleged contravention.

    3.Copies of signage geo stamped at time of alleged contravention, including where the signs are situated.

    4.Boundary site markings showing the area your client manages.


    Should this matter reach the court, I will bring all the above matters to the Judges attention.


    Yours faithfully 

    xxx registered keeper.


    Date


    Today I received following email from Gladstones:


    Good Morning

    We acknowledge receipt of your recent correspondence.   

      

    Whilst we have noted the content, your representations do not amount to a defence.  

     

    An obligation of yours, pursuant to the contract (the signs at the site), was to ensure that you entered your correct vehicle registration so the payment would reconcile. On this occasion you didn't and therefore incurred the charge. 

     

    It is an integral part of the parking scheme that a valid registration is entered as otherwise the scheme would be unmanageable. If our Client were to waive one charge based on your argument it would open the floodgates to the waiver of many more charges making the parking management process that has been put in place entirely redundant. 

     

    Find attached a photograph of the sign that is on display at the site. 

     

    Due to it containing comercially sensitive information, we are not able to provide a copy of the landowner agreement at this stage.

    Our Client is therefore satisfied the case against you should proceed unless the debt owing is discharged in full.  

      

    To ensure no further action is taken, you should make payment no later than 14 days from the date of this correspondence. 

      

    In the event we do not receive payment within the time scale specified, our Client reserves all its rights including the right to commence Court proceedings, without further reference to you. 

      

    You can make payment using the following methods: 

     

    Online 

    Visit www.gladstonessolicitors.co.uk 

      

    Over the Phone  

    Call 0333 0230 049 

      

    Via Bank Transfer 

    Name: Gladstones Solicitors Limited 

    Account Number: xxx 

    Sort Code: xxx

     

    You must include your reference xxx when making payment. If you fail to do so, we may be unable to allocate your payment. This may result in further costs being incurred, for which you will be liable.

       

    Kind regards, 


    Joshua 

    Legal Assistant

    This is the sign from the fence around the car park with very small letters.


    - I'm correct to think they have to send me the N1 claim form pack before commence Court proceedings, without further reference to me? 

    Thanks.

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Where's the picture of the sign that they claim to have sent you with that reply?


    Sending you a County Court Claim Form marks the start of court proceedings.
    They do not have to send you anything further before doing that.
  • KeithP said:
    Where's the picture of the sign that they claim to have sent you with that reply?


    Sending you a County Court Claim Form marks the start of court proceedings.
    They do not have to send you anything further before doing that.
    Picture is attached on the bottom of my previous post.

    So they are trying to scare me and want me to pay?


    I'll wait for their next step.
  • patient_dream
    patient_dream Posts: 3,932 Forumite
    1,000 Posts Fourth Anniversary Photogenic Name Dropper
    edited 15 December 2021 at 8:49PM
    chrobakx

    OH WOW, Joshua ..Legal Assistant has totally ignored what you said.

    The boss John Davies has more pressing problems at the moment.  Gladstones are incompetent at the best of times let alone leaving it to a "Legal Assistant" to feed you rubbish

    It's the sort of rubbish the courts enjoy, especially coming from Gladstones

    And, that sign, it's meaningless unless your are Superman/Superwoman with specail vision

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    chrobakx said:
    KeithP said:
    Where's the picture of the sign that they claim to have sent you with that reply?
    Picture is attached on the bottom of my previous post.
    Oh, of course I saw that picture but you annotated it as "This is the sign from the fence around the car park with very small letters" indicating (to me at least) that it was some other picture.

    No mention on that sign of their accredited trade association (the IPC).

    It is mentioned, but it's difficult to see the £100.
    Compare that with the prominence of the £85 on the Beavis sign...

  • Keith is 100% correct,

    Even the Parking Eye signs are rubbish ..... but 1000% better than that sign.

    Gladstones as usual are scratching at straws but that is no surprise
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