Gladstones LBC for 4 year old PCN that was never received

Coupon-mad

Daffodil78 said:

Quick update:

I sent a copy of the letter by email as well as posting it. Park Watch emailed me back, just over an hour later, with a snotty message saying they were still waiting for the paper copy of the V5 that I had promised to send back in May, and they would not start the 30 days until they received it. 

So I emailed them back with a copy of my proof of postage and a scanned copy of the V5 so they could crack on with it straight away. 

This whole process is extremely tedious. I am now fighting purely on principle because I would be better off financially by paying the 'invoice' and working to earn the money to pay for it instead of dealing with them.

Not giving in though. 

Good. You will stick around and join us in doing the Govt's final Public Consultation when it opens, won't you?

Read the latest posts and bookmark the top thread by MSE_JC so you get email alerts.

Fruitcake

Plan A is always a landowner complaint, and it is never too late.

A complaint should always be made to your MP.

An SAR does not have to be sent by post, but it does have to include proof of ID such as a copy of the V5C or redacted utility bills or card/bank statements or a copy of the LBC.
The ICO website says the 30 days starts when the request is received by them, even if proof of ID does not arrive until later.
They are telling lies and being obstructive.

The ICO says about a company's response to an SAR,

"Can we extend the time for a response?
You can extend the time to respond by a further two months if the request is complex or you have received a number of requests from the individual. You must let the individual know within one month of receiving their request and explain why the extension is necessary.

However, it is the ICO's view that it is unlikely to be reasonable to extend the time limit if:

it is manifestly unfounded or excessive;
an exemption applies; or
you are requesting proof of identity before considering the request."

Daffodil78

Hello,

We finally received the SAR from Park Watch. We now have a copy of the PCN and the photographs they took.

It appears the driver pulled off the highway to check the address they were travelling to and reset their satnav. They stayed for four minutes in a parking bay outside the building, but not in the car park itself.

We could visit the site and check for parking signs, but I feel it would be a wasted trip because this happened four years ago and may have changed since then. It's also over an hour each way which makes it harder and more expensive.

I have written a letter of complaint to the general manager of the shopping centre as per the advice linked to from the newbies thread, but I don't know what to do next?

All we received from Gladstones is an LBC. Do we now wait for them to contact us again?

In the newbies thread it says the LBC should have forms with it, but ours didn't. Does that mean our LBC isn't a 'real' one but just meant to intimidate and scare?

Appreciative of all the advice and will be checking out the info @Coupon-mad posted above regarding the public consultation.

Thanks again.

Umkomaas

In the newbies thread it says the LBC should have forms with it, but ours didn't. Does that mean our LBC isn't a 'real' one but just meant to intimidate and scare?

It will be real enough. Doesn't the letter suggest you download the forms from their website/internet?

Daffodil78

Coupon-mad said:

Good. You will stick around and join us in doing the Govt's final Public Consultation when it opens, won't you?

Read the latest posts and bookmark the top thread by MSE_JC so you get email alerts.

Hi Coupon-mad, I can't find the post you're referring to. Is it a sticky post in this forum?

I've searched for posts by MSE_JC as well as searching the words 'public consultation' but not having any luck.

If you get a min to point me in the right direction it would be very much appreciated. Happy to pay back the help I have received wherever I can. 👍

Jenni_D

Daffodil78 said:

We could visit the site and check for parking signs, but I feel it would be a wasted trip because this happened four years ago and may have changed since then. It's also over an hour each way which makes it harder and more expensive.

Using a computer (not a mobile device), you could try Google Street View to find the location, then use the time slider to go back in time for earlier images - you might be lucky and find relevant images from around the time of the event.  

Daffodil78

Umkomaas said:

In the newbies thread it says the LBC should have forms with it, but ours didn't. Does that mean our LBC isn't a 'real' one but just meant to intimidate and scare?

It will be real enough. Doesn't the letter suggest you download the forms from their website/internet?

Sorry, I was going off the newbies thread where it says:

"Pre-action stage:
If you have a 'Letter of claim' or Letter Before Claim (LBC), a claim IS likely. I mean a 'real' LBC with a 30 day deadline and reply forms."

So I have now re-read the Gladstones letter to see where I went wrong. It says we have to do two options within 30 days. 

1. pay the debt
2. dispute the debt

Under option 2 it says we can use an online reply form or request a paper version using the slip on the back of their letter.

So, am I correct in thinking I am now at the MCOL stage?

Daffodil78

Jenni_D said:

Daffodil78 said:

We could visit the site and check for parking signs, but I feel it would be a wasted trip because this happened four years ago and may have changed since then. It's also over an hour each way which makes it harder and more expensive.

Using a computer (not a mobile device), you could try Google Street View to find the location, then use the time slider to go back in time for earlier images - you might be lucky and find relevant images from around the time of the event.  

Ooh, good idea. Thank you. Will do that.

Jenni_D

Daffodil78 said:

Umkomaas said:

In the newbies thread it says the LBC should have forms with it, but ours didn't. Does that mean our LBC isn't a 'real' one but just meant to intimidate and scare?

It will be real enough. Doesn't the letter suggest you download the forms from their website/internet?

Sorry, I was going off the newbies thread where it says:

"Pre-action stage:
If you have a 'Letter of claim' or Letter Before Claim (LBC), a claim IS likely. I mean a 'real' LBC with a 30 day deadline and reply forms."

So I have now re-read the Gladstones letter to see where I went wrong. It says we have to do two options within 30 days. 

1. pay the debt
2. dispute the debt

Under option 2 it says we can use an online reply form or request a paper version using the slip on the back of their letter.

So, am I correct in thinking I am now at the MCOL stage?

Unless you've received an actual claim form from the County Court Business Centre (with a claim number and a password to use) then the answer is No, you're not at MCOL stage.

Daffodil78

Jenni_D said:

Unless you've received an actual claim form from the County Court Business Centre (with a claim number and a password to use) then the answer is No, you're not at MCOL stage.

No, definitely don't have anything like that. 

So do I just wait for another letter to come from Gladstones?

I checked Google images and it went as far back as 2019 and there are signs up, but not legible on Google images. This is all so frustrating because it happened four years ago and we never received a PNC. 

Do we still have a case or should we have paid this?