Defence Systems Ltd Park Watch Gladstones Letter Before Claim

betman

In 2018 I had a PCN from Park Watch. I did not say who the driver was. My appeal lost and I had the usual DRP letters including one saying they were Gladstones. Gladstones did not reply as to why DRP were impersonating them when I asked and ignored me. Now in 2022 I receive from Gladstones a LBC. How can this be just as my original defence which was on an old laptop has long gone along with any letters6. I remember the details of the day but my defence on the signage, trees on the private site,  etc has been changed on the site over the years so how can this be argued now. They have bumped the amount due to £170 which I can challenge ref the Judge Taylor case. Can you advise my next steps please. Would a judge think this is a waste of court time as how can you recall events some 4 years ago.

KeithP

Guidance on how to respond to a Letter of Claim is in the first few paragraphs of the second post of the NEWBIES thread.

No need for a link to the NEWBIES thread - you have been there before.

Here is a link to your earlier thread on this matter...

PCN Park Watch Antelope Park Southampton

betman

Thank you for your reply Keith. I have read the earlier thread where you said that should I need further assistance to post again ( 10th Aug 2018 ) Also that thread is now closed. So perhaps someone could advise as I have read newbies thread as suggested but do I now send a SAR? Yes /No

 As my original defence which was on an old laptop has long gone along with any letters. I remember the details of the day but my defence on the signage, trees on the private site,  etc has been changed on the site over the years so how can this be argued now by them. Can you advise if after this time I should ignore this letter. Would a judge think this is a waste of court time as how can you be expected to recall events some 4 years ago

Redx

Yes email a SAR to the DPO at park watch

Do not ignore an LBC 

Email Gladstone's with a 30 days hold notice whilst you seek debt management advice

Pm soolin or savvy and ask them to reopen your old thread and merge this new thread into it , for continuity

A judge will judge a case on the facts , even after 4 to 6 years , the time lag is typical of the cases we see on here

Coupon-mad

The SAR will include your appeal.

They have bumped the amount due to £170 which I can challenge ref the Judge Taylor case.

Nope, old news.  The Southampton case isn 't used any more and it's pointless asking Gladstones about the false added price fix.

D_P_Dance

. They have bumped the amount due to £170 

They have added what appears to be an extra unlawful amount of £70 for debt collection.

This amounts to double recovery and Judges all over the country are dismissing these spurious additions. Indeed some judges have dismissed entire claims because of this. Read this and complain to Trading Standards and 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

However, VCS appealed this so it may not apply in all cases, read this

https://www.dropbox.com/s/ntksx9g7177ahyg/VCS v Percy v1 Amendments (2).pdf?dl=0Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

Also consider complaining to The SRA about the solicitor, if one is involved They are fully aware of the unlawful nature of most of thse additions yet persist in adding them..

https://www.sra.org.uk/consumers/problems/

betman

 
Thank you all for your help so far. Being very senior in age please forgive me if I am not up to modern tech etc. I am not looking to be spoon feed but the timings and what to put in the correspondence does confuse me and I don't want to be late or miss out anything important. Similarly, I don't want to put anything in that will harm the case. I will post here what I am sending first.

I am trying to follow by threads ( mainly newbies thread )  The order in which to send things.  I am doing my research by reading the newbie thread over and over again and over the last days I have from the threads got information on how to base my defence of which I have made notes to put together and compose.

This is not easy for me with my knowledge. It took a day to learn how to transfer to a PDF file without paying. Hopefully this will work when I compile the defence and then transfer.

This is my action so far:

 I have emailed the managing agents of the Antelope Park site. After much research and for others this is crichardson@shw.co.uk.  l complained advising the driver had stopped not parked due to an engine breakdown and also advised about lack/size of signs..I will advise reply.

Emailed complaints to the retailers on the site about the matter.

Will email SAR to Defence Systems Limited t/a Park Watch as follows:

                                                                  ..........................................................................


Defence Systems t/a Park Watch
Chester

CH1 9FY

Dear Sir or Madam
Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) ) My name/ address
Please supply the data about me that I am entitled to under data protection law relating to myself.
Reference PCN xxxxx relating to broken down vehicle stopped on land Antelope Park Southampton SW1A 1HD

    All photos taken
    All letters/emails sent and received including any appeal correspondence earlier
    All Data held
    All evidence you will rely on
    A full copy of the PCN parking charge notice
    A full copy of the Notice to Keeper

    A list of all PCN's outstanding against me and/or this VRN. I would remind you that any claim must be for all PCN's not several separate claims

I have attached two utility bills as the immobilised vehicle is not any longer kept by myself. If you need any more data from me to confirm my identity, please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.
If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.
Yours faithfully,
                                                         ....................................................................................
Emailed Gladstones as follows:
Dear Sirs,
Re xxxxxxx
Vehicle broken down Antelope Park Southampton 18 05 2018
a) 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.
(b) I have sent your client a SAR
Yours faithfully.


                                                    ...................................................................................................

I now believe I just now wait for 30 days or the County Court Claim to arrive...is that correct please?

I will now draft up my defence so it is ready to go.

RedX,  Thank you for your advice and guidence

Coupon-Mad, Thank you I have deleted reference to Southampton case ( Lets hope I get the same DJ ) and will now cite Excel v Wilkinson , thanks to D_P_Dance for the information

Again thanks for any help

Umkomaas

If you need any more data from me to confirm my identity, please let me know as soon as possible.

Nope, don't give them that opportunity to delay matters and give you further work to do in the process. Copies of a couple of redacted utility bill and a copy of your V5C (logbook) is more than sufficient.  You definitely do not send anything that contains a photo of you, or any document bearing your signature. 

betman

Thanks Umkomaas, I will delete that sentence. The car in question has been sold so no V5C

Coupon-mad

Looking good.

Stick around here a couple of times a week and check the forum, as we suspect the new statutory code of practice is perhaps imminently due to come out from Government, according to this answer to an MP this past week:

https://www.theyworkforyou.com/wrans/?id=2022-01-19.107565.h

The point is, if the DLUHC get it right and crackdown on PPCs' dodgy conduct as promised, the new Code might give you some more ammo to fire at the solicitors to try to head off any claim.

Don't disappear until March then tell us you just got a claim.  Stick around and read threads; we will post if anything comes out from the DLUHC that's useful on this subject.

betman

Thanks for that coupon mad. I'm not going anywhere. Although I might not be a wizz kid on the computer and get confused, I have a business background at senior level and have vast experience of dealing with people and situations. I am not one for just receiving and want to be helping and supporting you guys.

 I am writing to the SRA to report Gladstones and DRP for impersonation of a solicitor.

I am a fighter and behind the scenes not in the public domain I can assure you that there are some actions I am taking to fight this which I will post upon winning this.

However I can advise actions I have implemented.

 Gladstones the recently fined solicitors allow DRP to impersonate by sending letters on Gladstones stationery.
So lets send SAR's to both which will be interesting and give them some work to do:

Gladstones

Your ref  xxxxxx

Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR)

 Please supply the data about me that I am entitled to under data protection law relating to myself. 

Reference xxxxx relating to broken down vehicle stopped on land Antelope Park Southampton SW1A 1HD

All letters sent and received including any appeal correspondence earlier
All emails sent and received including any appeal correspondence earlier
All Data held

All evidence you will rely on

Yours faithfully
                                    .....................................
 Debt Recovery Plus

Dear Sir or Madam 

Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) ) 

 Please supply the data about me that I am entitled to under data protection law relating to myself. 

 Reference xxxxx relating to broken down vehicle stopped on land Antelope Park Southampton SW1A 1HD

All letters/emails sent and received including any appeal correspondence earlier
All letters sent by yourselves on Gladstones Solicitors headed paper
All Data held

All evidence you will rely on

yours faithfully

                                                      .................................................

Another line of action. Jewsons had to put up their own warning signs due to their customers being preyed upon. the vehicle was stopped outside their premises.

 So a letter to the CEO. ( For information a list of CEO's phone numbers and emails can be freely sourced which in my line of work I access often from www.!!!!!! )

Dear Mr Lawrence,

I write to complain very strongly about the actions of Defence Systems who manage your car park outside your premises at Antelope Park Bursledon Southampton.

On the 18th May 2018 a driver of a car who I am the registered keeper limped a car onto Gavan Street where it lost engine power and therefore was broken down. The driver went for supplies and to call breakdown assistance from The Range. The driver reported to the service desk what had happened. The staff were wonderful at the time..or so it was thought.

On return the driver managed to start the car after several attempts and somehow managed to exit the retail park before the car gave up completely.

Now some four years later after challenging a Parking Charge Notice No xxxx by Defence Systems to which I had thought common-sense had prevailed, I have received a claim from Gladstones Solicitors threatening court action. As a senior citizen this is causing me much stress and worry.

I shall be vigorously be defending this both in the courts and involving the media but now feel very let down by The Range and the Park who promised at the time they would notify the parking company or the predator person patrolling the park who took a picture.

Since 2018 I have visited Jewsons for supplies and was told when I mentioned my plight to your Manager that you continuously have run ins with this parking company and that your customers have received many parking notices.

 So much so that in the end you had to put a warning sign up as the signs by Parking Watch were not large, clear or positioned enough.

I was very impressed with your manager and his empathy and decided that as I was having a large build to direct my builders to you as they came out of the area. Your service, prices and delivery were fantastic and whenever I have need building supplies, I have now used you spending a great deal of money over the years.

Another large project is imminent this year but having received this court action I am very reluctant to put my custom with a company who allows its customers to be penalised in this unjust way.

I believe following research that as customers of Defence Systems you have the empowerment under "exception process" such as a car breakdown to request that this parking notice be cancelled.

I therefore respectively request that you might intervene as I really would like to still direct my custom and my network of friends to your store.

Should this come to court stage and because of the circumstances I would be contacting the press which would harm the park and the retailers, the latter who have been helpful and should not be tarred with the bad press especially when retailers are struggling for customers in these current times.

I hope Mr Lawrence I can rely on your intervention and support of which I would then be pleased to network as a compliment rather than a complaint of the park retailers who allow customers to be hounded and preyed upon.

Yours faithfully

                                                          ......................................................................

I also added to SAR sent to Park Watch to confirm that the ticket issued was by a PW employee or self ticketer and the time in and out be provided.

Thanks coupon mad for your kind assistance.