Gladstones/Private Parking Solutions (London) Ltd - Unsure of what to do 24 January at 11:20AM in Parking tickets, fines & parking 26 replies 226 views

Madmax2022

Hi,

Newbie here and I have looked through the newbie threads and am still unsure of next steps.

My car is a lease car through my company (I am a director) and today I received a letter before claim from Gladstones (dated Jan 16th). This was sent to my registered business address (my accountants_ - who have forwarded to me the scanned copy.

I have no idea if/when/where I may have contravened a parking infringement, they just name a road and a date.

They state that I need to pay £170, including an additional £70 charge for 'time and resources spent facilitating the recovery of this unpaid charge'...

However this is the very first correspondence I have received on this matter.

If I have parked somewhere I shouldnt, I dont have an issue paying the initial charge but I had no chance to either pay early, for a discount (if thats even a thing) or to pay the £100.

Moreover, I havent seen any evidence that A - I did actually break rules, or B - They have sent many any prior documentation.

I dont want to contact them without following the steps but couldnt find the correct next step based on my scenario of not receiving any docs until the LBA.

Any advice would be greatly appreciated!

Thanks

Mouse007

No different to any other case, did you not see the first item in the second post on the newbies thread?

Umkomaas

Is it addressed to you personally?

Which parking firm are Gladstones representing?

Fruitcake

Who/what entity is the registered keeper of the vehicle? They are the ones who should have received a NTK and dealt with it at the time, and are the ones who can be held liable, and will remain liable unless they pass the details of the hirer/lessee to the parking company.
Simply passing the LBC to "some random person" does not absolve the registered keeper of any possible liability.

I suggest that the registered keeper sends a hold instruction to the PPC stating that whilst the debt is denied, they are seeking debt advice and therefore require the case to be put on hold for 30 days as per pre-action protocol.
The name of the registered keeper must be given exactly as it appears on the vehicle V5C, even if (especially if) the keeper is a company name. NO putting someone's real name and saying "PP" or "on behalf of".


The registered keeper should then provide the PPC with the details of the hirer/lessee. There is often a tear-off section on the NTK if they still have it. If not, they should simply send a statement to the PPC and their solicitors naming the hirer/lessee.

They must include a statement that since legal proceedings have not yet commenced, they are within their rights to transfer liability.

The registered keeper needs to get on with his asap, before a court claim is issued. Note that the words I have underlined MUST be used in correspondence. The registered keeper cannot possibly know who was driving at the time unless they were present. To say anything other than naming the hirer/lessee would be perjury.

As longs as all of the above is done, and done pronto, the hirer/lessee should get a NTH in their own name.

The driver's identity must not be given (nor assumed) at any stage.

Madmax2022

Mouse007 said:

No different to any other case, did you not see the first item in the second post on the newbies thread?

I did, but wasnt sure if it was any different as I had never received any PCN in the first place. Assume not then?

Madmax2022

Umkomaas said:

Is it addressed to you personally?

Which parking firm are Gladstones representing?

No, its addressed to my company name and just states 'Dear Sirs'

They are representing 

Private Parking Solutions (London) Ltd

Madmax2022

Fruitcake said:

Who/what entity is the registered keeper of the vehicle? They are the ones who should have received a NTK and dealt with it at the time, and are the ones who can be held liable, and will remain liable unless they pass the details of the hirer/lessee to the parking company.
Simply passing the LBC to "some random person" does not absolve the registered keeper of any possible liability.

I suggest that the registered keeper sends a hold instruction to the PPC stating that whilst the debt is denied, they are seeking debt advice and therefore require the case to be put on hold for 30 days as per pre-action protocol.
The name of the registered keeper must be given exactly as it appears on the vehicle V5C, even if (especially if) the keeper is a company name. NO putting someone's real name and saying "PP" or "on behalf of".


The registered keeper should then provide the PPC with the details of the hirer/lessee. There is often a tear-off section on the NTK if they still have it. If not, they should simply send a statement to the PPC and their solicitors naming the hirer/lessee.

They must include a statement that since legal proceedings have not yet commenced, they are within their rights to transfer liability.

The registered keeper needs to get on with his asap, before a court claim is issued. Note that the words I have underlined MUST be used in correspondence. The registered keeper cannot possibly know who was driving at the time unless they were present. To say anything other than naming the hirer/lessee would be perjury.

As longs as all of the above is done, and done pronto, the hirer/lessee should get a NTH in their own name.

The driver's identity must not be given (nor assumed) at any stage.

Hi, thanks for your detailed response. As it is a business lease, I assume the registered keeper is the lease company?

Unsure how keen they will be to take advice from me on how to deal with this, but I guess I could ask the question?

I am more concerned that this needs to be done in the next 6 days, could I not do the SAR just to ensure it stops the Court action, or does this negate the whole point that you have raised?

Thanks

Fruitcake

I forgot to add, under no circumstances should the hire/lease company send any hire/lease documents to the PPC. The only thing they should send is the name and address for service of the hirer/lessee, even if that is a business address.

If the hirer/lease company operates a fleet of vehicles, (even if it is a fleet of one) then the Fleet Manager could deal with this using one of the edna basher letters that can be found in the sticky Announcement for NEWBIES.

Alternatively the hirer/lessee can use one of the other edna basher letters once they have received a NTH in their own name.
The important thing is that the driver must not get involved where a hire/lease vehicle is concerned.

It is also important that the registered keeper knows not to pay the charge and try to claim it back from the hirer/lessee since that would be an unfair contract term because the hirer/lessee would have been denied the right to appeal.

Fruitcake

Forget the SAR for now. The ONLY way to stop slow this down is for the registered keeper to send the 30 day hold instruction to the solicitors and name the hirer/lessee to both them and the PPC. This needs to be done TODAY, in writing.
Do not assume anything.

You need to get on to this right now. Instruct the hire/lease company not to pay the charge nor charge you. They must follow the law, the Protection of Freedoms Act 2012, a law that has been around for ten years so they should know better than just forward something to you or your company.
If they are a member of the BVRLA then they will (should) know that their trade association has told them not to pay charges but to pass the hirer/lessee's details to the PPC.

Remember, they must ONLY give the name of the hirer/lessee to the PPC. Make sure they understand that they must not even so much as hint at the driver's identity.

Also make them understand that if they do not provide the hirer/lessee's details to the PPC, they, the hire/lease company ill remain liable for the charge and it would be unlawful if they paid the charge then charged the hirer/lessee afterwards..

Madmax2022

Fruitcake said:

Forget the SAR for now. The ONLY way to stop slow this down is for the registered keeper to send the 30 day hold instruction to the solicitors and name the hirer/lessee to both them and the PPC. This needs to be done TODAY, in writing.
Do not assume anything.

You need to get on to this right now. Instruct the hire/lease company not to pay the charge nor charge you. They must follow the law, the Protection of Freedoms Act 2012, a law that has been around for ten years so they should know better than just forward something to you or your company.
If they are a member of the BVRLA then they will (should) know that their trade association has told them not to pay charges but to pass the hirer/lessee's details to the PPC.

Thank you - I have just spoken to my leasing broker - and he said that I will be the registered keeper but the lease company will be the registered owner.

The alleged incident took place in October 2021, so I am sure they MUST have sent correspondence to somebody.

The leasing broker suggested that I send him the letter and he will contact the lease company today to see if they received anything - although he said they would always send that straight to the driver to pay.

Do you think I should do this?

If I am the registered keeper of the vehicle then whats my next step? SAR or to do as you stated above but for me to send it as I am the registered keeper?

Thanks again

Le_Kirk

There is no such thing as a Registered Owner!  Who is named on the V5C as the Registered Keeper?  That is who should have received any documentation from the PPC.