Letter before Claim - Gladstones

Jenlou83

OK so I think I've moved too early on this, I shouldn't of gone to this stage without receiving a 'claim/court' letter from Gladstones.  What should I do now?  Wait and see if Gladstones send a court date?  Will they apply more fee's on a court letter?  I don't want to risk paying more than the £170 etc as I'm completely at fault in this case.  I parked in a permit only zone for 19 minutes.   I didn't change my address on my V5c until nearly a year after I'd moved which is why they were contacting me at my old address

Umkomaas

You can't submit any 'defence' to the CCBC nor Gladstones unless you've first received a N1 Claim Form from the Northampton CCBC. You seem to be acting far too prematurely. Just wait for the Claim Form, then come back to the forum then. You can't guess at how to deal with this, otherwise you're going to end up with a mess on your hands and potentially a big bill.

Coupon-mad

You are not at fault if the signs were small and non-prominent and we doubt you made an active decision to 'chance it' and pay £100 to park!

Wait for the claim, as long as you did already tell Gladstones to ERASE your old address, so you can be certain the claim won't go there?

You are not risking huge costs.  If that were the case we wouldn't be doing this every day.

The NEWBIES thread second post explains this and about ''WHAT HAPPENS WHEN' which I advise you to read.

Jenlou83

Thanks so much for your help. I'll wait for the claim form from Gladstones.  Although CCBC wouldn't accept my claim due to the wrong reference being on the submission. Gladstones still came back with quIte a threatening response explaining more costs will be due if this goes to court.  I agree the signs were small and I didn't notice them at the time.  What worries me though is the fact I didn't change the address on my registration documents quickly enough

Jenlou83

This is what Gladstones replied with...

We write further to your correspondence in respect of the above matter.

Upon the charge being incurred, our Client applied to the DVLA, electronically, for the Registered Keeper details and, in turn, was provided with your name and address. Postal notification of the charge was subsequently sent to you in line with paragraph 9, Schedule 4 of the Protection of Freedoms Act 2012. Notice is deemed as served.  

Motorists have a legal obligation to register the vehicle with the DVLA at their current address. If a motorist moves address, they are required to update this information at the DVLA.   

Notwithstanding this, the notices were sent after the charge incurred with your first notification of potential charges being the signs at the site. 

 In line with an internal procedure, a trace was completed on 06/08/2022 and the address of 23 Lakeside Drive was provided, a letter was subsequently sent informing you of the debt. There is no obligation for our Client or ourselves to complete this trace.

Our Client rejects any argument that you did not see the signs. The site has sufficient signs and without concession if they weren't seen they ought to have been.

Pursuant to the photographic evidence, the signs were in clear view to your left (attached for ease of reference).

It is our Client's position that the charge was issued correclty and remains outstanding in sum £170.00.

You must include your reference when making payment. If you fail to do so, we may be unable to allocate your payment. This may result in further costs being incurred, for which you will be liable.

Please be advised that in the event that this payment is not made on or before 31st October 2022, it will result in proceedings being issued without further recourse to you and additional costs sought.

Jenlou83

I'm worried about the 'additional costs' is there a chance with this I could end up owing more than £170 if it goes past 31st October?

Umkomaas

Jenlou83 said:

I'm worried about the 'additional costs' is there a chance with this I could end up owing more than £170 if it goes past 31st October?

By how much do you reckon?  Let's quantify what you're concerned about. 

Jenlou83

I'm worried I'll owe anymore than £170

Jenlou83

With what Gladstones put in their email it sounds like I could end up owing more than that.  I definitely don't want to pay more than £200

Coupon-mad

Jenlou83 said:

With what Gladstones put in their email it sounds like I could end up owing more than that.  I definitely don't want to pay more than £200

But the NEWBIES thread and the Template defence itself (that you read and copied) already tells you they can't have the £70.  It is extortion, so says the Government.

The PCN is £100. Already very high. Court does not put people at any risk of huge costs or a CCJ.

Please re-read the NEWBIES thread second post, to understand where you are at, and that we win 99% of cases defended, and why it is a no brainer to defend (but only when you actually get your claim form).