Moving Forward. LBC from Solicitors for UK CPM Ltd

thehamburglerswife

I have received a letter from Gladstones Solicitors as a Letter Before Claim for 4 PCN on early last year. It is key that nothing was ever left on my car, but the total amount of what they are stating I owe above £600 without adding their fees.

How do I move forward and the next steps? I have read through the the Newbies forms, but I am still uncertain how to move forward as it just mentions sending a SAR to the company itself. I would like to get the ball rolling in case of an actual court case (which I think is impending at this point).

Fruitcake

What happened when you complained to the landowner? That is always Plan A, and it is never too late to do so.
Where did the alleged event occur as it may have cropped up here before?
What was the reason for issuing the NTKs?

Have you complained to your MP yet.

Send the SAR to the DPO of UKCPM as per the sticky Announcement for NEWBIES. Include proof of non-photo ID such as a copy of the V5C.

Read the guide to court written by bargepole that you will find in the second post of the NEWBIES. This will take you step by step from LBC to the court hearing.

Read the template defence in the sticky Announcements that is 95% written for you.

D_P_Dance

Have you read the newbies?  Have you read similar threads?  Have you complained to your MP?  t

thehamburglerswife

The area is a block of flats parking, my mother was the tenant and I was staying with my mother during this time period. I have tried to find the landowner of the blocks of flat, the landlord has no contact with the UK CPM or a contract with them.

The reason was due to No Permit Showed, but we had a permit displayed in the car (which was apparently the wrong one given to me by my mother and we only found out months after this incident as it took them doing months of tickets before something was placed on the car windscreen.

I have moved out since then, so they still had the mail sent to my mother who is going blind and never forwarded the mail to me as she could not read for who it was.

I only got this letter as they conducted a UK search trace to find my new residence. 

I don't know if the Letter Before Claim from Gladstones is a compliant LBC as they quote the Practice Direction, but this letter is definitely not compliant when I read it. So don't know what my response should be, I don't think I can just ignore this letter from them while waiting for the SAR.

D_P_Dance

Read these

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

and swat up on "primacy of contract".

thehamburglerswife

I am not on the tenancy agreement, it is only my mother. Which was signed back in 2008, which has been my residence up until October 2021 as well (just not on the lease) as I was overseas most of the time 2010's, so it has always been my place of residence bank wise etc. 

The Tenancy Lease signed back then was never once mentioned Parking, the agreement was definitely signed before the company came in, which is how my mother gave me the wrong parking permit. Does this change my approach to sending a SAR to the Parking Company and Gladstones? I am still searching to find out who exactly the landowner is, but it is difficult information to come by and I don't live close to those flats anymore.

Sorry for all the questions. It is quite confusing, but the amount and situation is stressful.

D_P_Dance

Just tell yourself it ia a scam and proceed accordingly.  These companies should be banned from residential car parks.   

Fruitcake

What the lease says, or doesn't say about parking, permits, visitor parking, visitor permits, parking companies, PCNs, and court will have primacy of contract over anything UK CPM says.
The lease will normally also say something about having a right to peaceful enjoyment.

As an authorised visitor, issuing a PCN is a breach of the tenant's existing rights.

A lease cannot be carried without a ballot of all landlords and tenants in accordance with Section 37, Part IV of the Landlord and Tenant Act 1987. There must be a majority in favour of the amendment, with no more that a certain number of objections, for the change to be approved.

Landlord and Tenant Act 1987 (legislation.gov.uk)

thehamburglerswife

I believe I have found the landowner, but they are only a registered company with a post address (will write up something & post as well) in the mean time, I do believe if it goes to small claims court they would have little to no claim. During this time, should I still sent a SAR to UK Car Park / inform them of Primacy of Contract including Gladstones?

Again, I don't know if it counts as my name is not on the lease, it is in my mothers, but it has been on document my place of residence as well since 2008 up to the end of 2021. I am just wondering if I should ignore these and wait for filing of small claims court or get in contact informing them of the above mentioned?

I really don't want a CCJ or pay such a huge amount for parking in residence spots with a permit (although, it was the wrong one by accident) where I was living at the time.

Coupon-mad

You aren't going to get a CCJ - there is no danger - unless you fail to respond to Gladstones and tell them which address is correct for service and to ERASE the old address immediately and tell their client to do the same.

When stating that, also set out your rights and primacy of contract and remind them that the fake added £70 costs is banned...yadda yadda...(same words about lack of integrity and reporting Gs to the SRA as I gave to people recently on lots of other Gladstones LBC threads - read them and copy!). 

Getting a court claim is no sweat, perfectly defendable v any PPC and not the same as s CCJ. The vital thing is that you don't leave Gs with two possible addresses to choose from, both of which are not getting responses from you.

thehamburglerswife

Would I also need to write to UK CPM about the address change? It was not that we purposefully did it, my mother was supposed to forward any correspondence to my address. Whenever we went to visit, she always said nothing came in the mail until yesterday that I had something sent specifically to the old address and she gave me the bundle of mail.