Gladstones LBC letter

Avol

Hi all,

I would like to post my case here , if possible - I know that I might attract some criticism that I have not read the Newbies post, which I did but I still find it unclear in my case. I have received a LBC from Gladstones, it was regarding an alleged breach of contracts by parking for approximately 1hr at my mate's residential flat when visited him last year. The issue is that it was around 21:00-22:00 at night as far as I remember and did not have any idea that a resident permit was required, my mate did not inform me on it either as he probably didn't know at the time since he just moved in the area. I have received the PCN on my screen and was surprised at the time, however on the next occasion when I visited him, he managed to get me a visitor permit. Honestly I have ignored the PCN as didn't seem reasonable to pay for it, firstly because I assumed that even though there might be residential permit only ,but that would not apply during night time.  There are also some boards displaying the requirements but they are sparingly placed (and only noticed them on a different occasion)
 I am ready to send a SAR to CPM and also inform Gladstones about it, but from your experience/knowledge what is the likelihood to be able to defend this, should it get to the court claim stage?
I ma also currently reading different threads in advance on how to prepare your case and honestly I find it overwhelming as I have never had to deal with any kind of court actions and I'm not so confident, especially reading conflicting advices on this forum, but at the same time, it just seems a rip off from these private companies, especially in my case as it was not with the intention of breaching any contract.. it simply wasn't very clear for me if a permit was required that late in the evening.

Again.. I apologise in advance if this has been discussed before but there are maybe hundreds if not more, of posts and it is not very easy to follow especially if your time is limited.

Fruitcake

Please confirm the name of the PPC as there are several with the same or similar initials.

If you haven't already, tell them that whilst you deny the debt, you are seeking debt advice and require them to put your case on hold for 30 days.

Get your mate to dig out his lease/AST to see what it says about parking, permits, PPCs, PCNs, paying PCNs, and court.
What it doesn't say is just as important.

Get him to complain to the landowner an management company, asking them to cancel your charge. Include the PCN number with the complaint.

Complain to your MP.

Get pics of the site and signage.

Follow the guide to court written by bargepole that you will find in the second post of the NEWBIES.

Avol

@Fruitcake many thanks for your swift reply.
On the Letter before Claim it says that they acting on behalf of Car Park Management Ltd.
I will get my friend to provide the above, however not sure how successful his complaint will be.
Regarding the guide to court element, this is the aspect I am more reluctant about.

Fruitcake

Is there a "UK" in front of the name?

Avol

Sorry, my mistake, the full name is UK Car Park Management Ltd.

Fruitcake

The advice has not changed. A landowner cancellation is always Plan A.

Deny the debt and request a 30 day hold while you obtain debt advice.

Send the SAR.

Get a copy of the lease/AST to see what it says, or doesn't say about visitor parking.

Get photos of the site and signage in the same light conditions without using flash.

Complain to your MP.

Coupon-mad

All of the above is as per the NEWBIES thread 2nd post about what to do at LBC stage.

You can also tell the solicitor to do one, as regards the banned added £70 fake costs:

https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework/p1

Avol

Thanks for the advice, however I have just realised I have made a confusion..I have actually received two letters for 2 separate PCN's. The one I have mentioned above - from Gladstones solicitors -  it is from my gym, for more than a year ago. They have issued a ticket while I have allegedly ocuppied one of the bays which was not designated for the gym. Utterly idiots , as my gym's parking bays are from 1-6 (I did not know at the time) and I have actually parked in bay 7 which is on the same row. I have asked one of the gym's managers if they can address this confusion with the relevant company, but was told to ignore it and bin all the letters..so not sure what to do...

Regarding the PCN I have received at my mate's flat, as described in the initial post, the letter I have received is not from Gladstones but from Debt Recovery Plus..however I read on different threads of this forum that they don't have any power to actually take you to court, how plausible is this?

KeithP

Avol said:

Regarding the PCN I have received at my mate's flat, as described in the initial post, the letter I have received is not from Gladstones but from Debt Recovery Plus..however I read on different threads of this forum that they don't have any power to actually take you to court, how plausible is this?

If you are asking... "is it true that DRPlus have no power to actually do anything", then yes it is true.

You can confirm that by reading the fourth post of the NEWBIES thread.

Avol

Thanks @KeithP. Just red the Newbies post and the relevant threads and it seems clear to me that DRP are just a hoax like many other...although I am still to make a decision regarding my other LBC from Gladstone. It is just frustrating having to deal with these non sense issues..like we don't have enough worries as it is..

Fruitcake

Ignore DRP

Don't ignore a PCN
Don't ignore a LoC/LBC