Help and advice needed Gladstone's response to LBC

Justicewanted

Hi All

I would really appreciate some advice? I received a letter before claim just before Christmas I followed the advice on the Newbie’s thread, wrote back to them and only now have I just received a response from them.

As follows:

Thank you for your email dated 06/12/2021 in relation to this charge. We apologise for the delay in our response, however as no further action has taken place we trust you agree no prejudice has been suffered.

 

We attach photographic evidence and original Parking Charge Notices which we believe are self-explanatory and clarify the points raised in your email.

 

By virtue of BPA Code of Practice ‘…a reasonable sum may be added for the debt recovery fees. This sum must not exceed £70’ 

 

Motorists can park on the site in accordance with the terms and conditions on the sign, without incurring a charge but to park without incurring a charge they may need to display a pay and display ticket. If a motorist wishes to park ‘as they please’ within reason, they can do so but pay a charge for this ‘privilege’, the charge is set out on the signs and by a motorist parking otherwise than in accordance with the signs they accept the charge at the point of parking and a valid contract is formed. The charge is due within 28 days of being incurred, if the charge remains unpaid after this date the contract the motorist entered into is breached and a debt is owed to our Client, they are then entitled to damages that have occurred as a result of the breach. The costs are a pre-determined and nominal contribution to the actual losses. They relate to the time our Client’s staff have spent and material facilitating the recovery of this debt. This time could have been better spent on other elements of their business.

 

In the view of the above the parking charge was issued correctly for which you remain liable.

 

We are still prepared to settle and therefore offer a without prejudice settlement of £130.00.

 

This offer is valid till the 1st of April 2022.

 

You can pay by one of these methods.

 

Online www.gladstonessolicitors.co.uk

Phone 0333 0230 049

Bank Transfer Name – Gladstones Solicitors Ltd 

Sort Code – 20-24-09

Account Number – 33028712

Justicewanted

What is the best course of action?

Le_Kirk

Nice of them.  It is disappointing to note that the offer is still more than they are lawfully allowed to charge.  They CANNOT add "debt management",  "admin" or any other type of fee.  It might state in their code of practice that they can but that code was written by them for them and you are not bound by it.  Also the Government have stepped in and stated in the Code of Practice (the one that really matters) published on 7 February 2022, that this practice must stop.  The ministerial foreword: -

Private firms issue roughly 22,000 parking tickets every day, often adopting a labyrinthine system of misleading and confusing signage, opaque appeals services, aggressive debt collection and unreasonable fees designed to extort money from motorists. 

Justicewanted

That’s great information thanks Le_Kirk. What steps shall I take next?

Le_Kirk

As you have received a letter before claim, you could read the second post of the NEWBIE sticky which is an announcement that you will find on the first post of the forum.  In that you will find information about submitting a SAR to the PPC to gain all the data they have on you and to write to the PPC requiring them to put the claim on hold for 30 days whilst you seek debt advice.

Coupon-mad

I replied to someone earlier this afternoon, telling them to reply again to the parasite legal firm, using certain phrases.  Read today's replies and copy.

Justicewanted

Thanks Le_Kirk 

I did follow that advice already before Christmas. I didn’t get a response for the SAR but I have now received the above response from Gladstones.

Justicewanted

Thanks Coupon-Mad

Was you referring to this?

Dear R Taylor (or CIS' computer template writer, if R Taylor doesn't actually exist),

No.  Please read the new Code of Practice and stop doing what DLUHC's Neil O'Brien MP described as issuing intimidating letters 'designed to extort money from motorists'.  You know, in the Foreword of the new Code of Practice which banned false 'debt recovery/admin fees'.  Did CIS miss the memo?

The alleged 'debt is robustly and genuinely disputed.  As such, you must stop work on it (please read the FCA Conc rules about disputed debts). Save CIS the postage and printing ink, hand the case back to your parking firm client and run along to find yourself a weaker victim.

cheers, 

patient_dream

Justicewanted said:

Hi All

By virtue of BPA Code of Practice ‘…a reasonable sum may be added for the debt recovery fees. This sum must not exceed £70’ 

Gladstones have been told many times from the courts about this fake add-on yet still try to hoodwink the public and judges ?  

The BPA code of practice is for BPA members only..  you are not a member so it's not applicable to you or a judge

The BPA fake add-on was invented by a BPA board member who also runs ZZPS, another half baked debt collector.

There is nothing lawful about the BPA code of practice, this is just a members club and a very feeble attempt to extort money from motorists who know no better.

A court views this as double recovery which is abuse of process, and even better as you know, government has banned this fake in the new LEGAL code of practice.

So, if Gladstones are serious and rely on a non legal code of practice, they will probably be spanked in court for faking it ?

Justicewanted

Thanks so much for your advice!

It restores my faith in human nature!

Thanks to all of you who have given up their time.

I have followed Coupon-Mad’s advice and sent a robust response I will keep you posted.

1505grandad

Is this anything to do with your other thread here:-

https://forums.moneysavingexpert.com/discussion/6336545/ccj-parking-fine-defence-help-needed/p1