Letter Before Claim from Gladstones - Help

sasansgh

Hi all, 

Before getting into anything I'd like to say that I've read "NEWBIES!! PRIVATE PARKING TICKET" and it's been really helpful so I want to thank the members of this forum for all the help I've already received. 

However I'm still confused about a few points and would like more specific advice on them.

I'd like to start with a description of events which I think will be important for answering my questions. 

Back in February I parked for around 15 mins in the area shown in the pictures below with a green marker to go to the nearby Sainsburys to buy bread. At the time it was dark and I did not see/pay attention to the fact that the area seems to be a private land with a number of signages indicating this! (shown with red markers in the pictures). When I returned the "parking officer" from Premier Parking Enforcement ltd (PPE) was at the point of taking a picture of the ticket on the windscreen. I didn't see the ticket on the windscreen and so I asked him not to issue the fine to which he responded by saying that he has already issued it and then left. 

I then decided not to appeal as I know that not all companies that issue windscreen tickets have access to driver data and I didn't want to risk giving them my details myself.

Unfortunately I was wrong about this in this case as I received the letter below from PPE in May asking for £100 and threatening that otherwise they will give my details to a debt recovery agency - note that they say increased cost of £160 in the latter case. I ignored this. I'm a bit unsure as I don't seem to find the letter but I think I also received another letter either from a debt recovery agency or Gladstones after this which I also ignored.









This brings me to the present. Today I received the Letter before claim (LBC) below in the post which is threatening with court action and asking for £170 - Note that this is different from £160 mentioned in the PPE's letter. 






So my questions are as follows, 

1 - Most importantly, how do you see my chances and should I just pay? I'm not bothered about putting the effort into a potential court battle but I'm worried that I won't have solid grounds to argue against the ticket and so my chances are not strong. Especially after seeing in the "Irrelevant Defences and How To Avoid Them" thread that "I didn't see the signs" is not a strong ground. As I said I don't mind challenging it, I just don't want to end up in a situation where I lose in the court and have to pay around the amount they are asking now so basically put in all the efforts for nothing and waste my time. 

2 - From the newbies thread, my understanding is that my next course of action is to request SAR from PPE and write to Gladstones to ask for 30 days, do I do this now or should I wait until nearer to the end of the 30 days they've given me so I annoy them? 

3 - I came across this thread named "Parking - Letter Before County Court Claim (LBCCC) - Fight back! Guidance Thread" via ParkingCowboys.co.uk, although I haven't read it fully yet, I've noticed that it is old and seems to talk about sending an acknowledge to the solicitors and some other things that are not in the newbie post, is this because the law has changed? or do you still advice following what's in there. 

4. Can I relay on the fact that they seem 1)  it was dark so I didn't see the signs and the road look like a public road as opposed to private land and 2) that they seem dodgy as the cost between letters don't match £160 vs £170. 

Many thanks for you help.

Coupon-mad

Exactly the same advice as this one, below.

Page 2 is where the poster has just got a LBC and was also looking at the out of date advice thread that the Parking Cowboys website still (wrongly) links:
https://forums.moneysavingexpert.com/discussion/6327730/pcm-ias-mitigation-should-i-just-give-in-pay-up/p1

Your chances are the same as everyone here and the fact it was dark and the signs unlit IS a strong defence. We win 99% of the time and no-one should be paying £170, or anything at all.

Be confident.

Don't read the old LBCCC thread.  At all.

sasansgh

Coupon-mad said:

Exactly the same advice as this one, below.

Page 2 is where the poster has just got a LBC and was also looking at the out of date advice thread that the Parking Cowboys website still (wrongly) links:
https://forums.moneysavingexpert.com/discussion/6327730/pcm-ias-mitigation-should-i-just-give-in-pay-up/p1

Your chances are the same as everyone here and the fact it was dark and the signs unlit IS a strong defence. We win 99% of the time and no-one should be paying £170, or anything at all.

Be confident.

Don't read the old LBCCC thread.  At all.

Thanks for your comments, it's been very helpful. My only question is should I do SAR and contact Gladstones now or wait for the 30 days? or it doesnt matter?

Coupon-mad

Doesn't matter, depends on your summer plans!

Work out the timeline and if you are on holiday in August then maybe a delay in replying and stringing it out longer is best for you.

starliteaab

sasansgh said:

Coupon-mad said:

Exactly the same advice as this one, below.

Page 2 is where the poster has just got a LBC and was also looking at the out of date advice thread that the Parking Cowboys website still (wrongly) links:
https://forums.moneysavingexpert.com/discussion/6327730/pcm-ias-mitigation-should-i-just-give-in-pay-up/p1

Your chances are the same as everyone here and the fact it was dark and the signs unlit IS a strong defence. We win 99% of the time and no-one should be paying £170, or anything at all.

Be confident.

Don't read the old LBCCC thread.  At all.

Thanks for your comments, it's been very helpful. My only question is should I do SAR and contact Gladstones now or wait for the 30 days? or it doesnt matter?

what did you end up doing - paid the fine or challenged using the SAR + writing to gladstone? I am in exactly same situation you were in on 30th june when you asked question. 


I read some other threads today .. and the amount of prep including evidence gathering some folks have done to defend in court is giving me cold feet !  and I am now considering paying the £170 and closing the chapter. 

Coupon-mad

They won't have paid - it's only a bog standard Gladstones LBC and it's not a fine!

People who pay fund and sponsor the entire scam model.  That's how it works.