Gladstones is unfairly chasing me for $170

awdaad

On June 2020 I drove to my local Aldi store for shopping and parked my car at Newbury Retail Park on Horns Road, Ilford. My shopping took about 20min. After returning to my car it failed to start. I called RAC who after a short wait arrived and replaced my dead battery. As I knew I had overstayed the car park, I asked the RAC mechanic to give me a report for the work he had done. 

As expected, after few weeks I got a Parking Charge Notice(PCN) of £70 from Premier Park Ltd. I made an appeal against the PCN on the ground that the car had broken down

and to be fixed by RAC. I included my RAC customer assistance report in my appeal.

On  Aug 2020, Premier Park Ltd rejected my appeal giving the reason “Your vehicle exceeded the maximum stay period of 2 hours by 1 hour and 34 minutes. We note the comments made and the evidence provided, however, we must advise that this does not authorise your vehicle to remain on site in excess of the maximum stay period.”

Out of nowhere, yesterday 14 Feb 2020, I got a threating letter from Gladstones Solicitors threating me to pay £170 or they will take a legal proceeding against me.

I have today contacted to Aldi for this unfair PCN from Premier Park Ltd, their retail park management and the stress and anxiety that I suffered. They were helpful and asked me to forward the details and documents.

So, what I can do so Gladstone solicitors to cancel this unfair PCN?

KeithP

It won't help you this time, but a couple of years ago something similar happened to me.

I did my shopping in Tesco and upon returning to my car it wouldn't start.

I knew it would be several hours before I could get help so sought guidance at the customer services desk.

The lady there typed my vehicle's registration number into the terminal on her desk and announced "You now have permission to park for twenty four hours. Please speak to me again if that's not long enough".

go-on-then

Have you read the ' Newbies' thread for step by step guide on what to do,  what to expect and when.

Fruitcake

Tell Gladstones and the PPC that although you deny the debt, you are seeking debt advice, therefore you require the case to be put on hold for 30 days.

Do this first to give you time to get a landowner/store cancellation. You should be doing that at store manager and CEO level. Also complain to the landowner and/or retail management company if different from Aldi.

Follow the guide to court written by bargepole you will find in the second post of the sticky Announcement for NEWBIES. This is a step by step guide from LBC to the court hearing. Follow it to the letter.

You should also complain to your MP.

patient_dream

awdaad ......  The letter before claim is so flawed as usual.

They claim costs for recovery which they wrongly think is covered by the code of practice.
The code of practice they refer to is from an unregulated ATA who make things up as they go.
There is simply no legal athority from an unregulated ATA

What is legal authority is the new code of practice to which government has banned the fake add-ons
THAT IS LEGAL AUTHORITY

YOU REPLY TO THEM....
1: You deny any debt debt
2: You advise them that you are taking debt advice and require a further 30 days
(The letter is dated 10/02/22 so send the reply by email on day 27)

And the most important part ..
3: Ask them for proof of the costs they claim for recovery.
If they chose to fake this as well they have a problem. We know that debt collectors used by parking companies offer a "no win no feee" service so for them to say their clients had recovery costs is a fabrication

That's all you have to do for the moment.  They will either reply or not.
If they reply, let the forum know.
If they don't reply and issue a claim in court you can advise the court that they cannot explain the add-on
PLUS a court claim must be signed by them as a statement of truth and lying to the court is contempt

awdaad

go-on-then said:

Have you read the ' Newbies' thread for step by step guide on what to do,  what to expect and when.

No, I haven't. I will search for it and read. Thank you.

awdaad

patient_dream said:

awdaad ......  The letter before claim is so flawed as usual.

They claim costs for recovery which they wrongly think is covered by the code of practice.
The code of practice they refer to is from an unregulated ATA who make things up as they go.
There is simply no legal athority from an unregulated ATA

What is legal authority is the new code of practice to which government has banned the fake add-ons
THAT IS LEGAL AUTHORITY

YOU REPLY TO THEM....
1: You deny any debt debt
2: You advise them that you are taking debt advice and require a further 30 days
(The letter is dated 10/02/22 so send the reply by email on day 27)

And the most important part ..
3: Ask them for proof of the costs they claim for recovery.
If they chose to fake this as well they have a problem. We know that debt collectors used by parking companies offer a "no win no feee" service so for them to say their clients had recovery costs is a fabrication

That's all you have to do for the moment.  They will either reply or not.
If they reply, let the forum know.
If they don't reply and issue a claim in court you can advise the court that they cannot explain the add-on
PLUS a court claim must be signed by them as a statement of truth and lying to the court is contempt

Thank you for your response. Should I deny the debt on the grounds that my car had broken down in the car park and was attended by RAC who replaced the battery? The problem is I was planning to take a long planned career break in the next few weeks and move outside UK. I am not sure if someone can to participate county court proceeding remotely via Zoom etc. Time isn't my side and I can't delay it further.

Fruitcake

You don't need to tell them why you deny the debt at this stage. The important thing is just tell them that although you deny the debt, you are seeking debt advice, therefore you require the case to be put on hold for 30 days.
However, you have been given 30 days from the date of issue on the LBC, so I suggest you wait another couple of weeks before you send the, Whilst I deny the l debt ..." instruction.

That gives you several weeks to sort out your landowner complaint before the claim form arrives.

If you are going to be overseas, then you will be outside the jurisdiction of the UK courts, but it will depend on when you are planning to leave and for how long. (Do not tell us, or anyone else the latter part).

Did you get a PoPLA code with your initial appeal rejection? If so, did you appeal?

Either way, you should complain to the BPA, and remind them that they told their members today that parking companies should already be applying the requirements of the new mandatory government code of practice, which includes consideration of mitigating circumstances.
If you didn't get a PoPLA code, then make a complaint to the BPA about that.