Gladstones/Private Parking Solutions (London) Ltd - Unsure of what to do

Madmax2022

Le_Kirk said:

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.

Thanks for your message Le Kirk

I am confused with your comments as a quick google search reveals a difference between the two.

That aside.....

Assuming I am the registered keeper of the vehicle, and this LBC is the first I have heard from Gladstones or the PPC, should i email them both with the 30 day hold instruction?

Note - my name has not been used on this correspondence - just my business name and Dear Sirs.

Thanks

Madmax2022

Sorry -  there can be a difference between the owner and the registered keeper - not a registered owner - you are correct!

Mouse007

Your company, I assume a Limited liability company, is at law an "individual". As such it has a separate legal identity and is the Defendant, not you.

While you can in your capacity as a director write to say the company denies liability and is taking debt advice (not you yourself) and ask they put it on hold for 30 days I suspect that will fail. This is because I don't believe the PAP 2017 applies to limited companies.

What you do want however is the evidence of the parking event. For that you need to send, on behalf of the company, a SAR to Private Parking Solutions (London) Limited.

You may not get this back before the County Court Claims arrives, but don't worry about that.

Madmax2022

Mouse007 said:

Your company, I assume a Limited liability company, is at law an "individual". As such it has a separate legal identity and is the Defendant, not you.

While you can in your capacity as a director write to say the company denies liability and is taking debt advice (not you yourself) and ask they put it on hold for 30 days I suspect that will fail. This is because I don't believe the PAP 2017 does not apply to limited companies.

What you do want however is the evidence or the parking event. For that you need to send, on behalf of the company, a SAR to Private Parking Solutions (London) Limited.

You may not get this back before the County Court Claims arrives, but don't worry about that.

Thanks.

The company is a limited company of which I am one of the directors - so the suggestion is that I follow the newbie guidelines for SAR and also email the solicitors letting them know that the company denies liability and is taking debt advice - and as such wants the minimum 30 days - following the newbie guides, of course.

Assuming that by emailing Gladstones with a 'response' before the 14 day from letter date, should hopefully delay county court action?

Mouse007

Small correction to my last post (called away from desk before checking) now edited. I dont think PAP 2017 applies to a limited liability company, but you can still try it on.

No naming anyone as the driver. We want the SAR to see if the NTK was POFA compliant. I don't know enough about PPS (London) to know if they do or do not. In any event we know the company can not have been driving

Madmax2022

Mouse007 said:

Small correction to my last post (called away from desk before checking) now edited. I dont think PAP 2017 applies to a limited liability company, but you can still try it on.

No naming anyone as the driver. We want the SAR to see if the NTK was POFA compliant. I don't know enough about PPS (London) to know if they do or do not. In any event we know the company can not have been driving

Thank you for your help. I am just waiting on a response from the lease company, to see if they had received any correspondence. I find it odd that this letter turned up to my registered company address now and its an alleged parking offence from October 2021.

I am sure they would have sent on to me in this time, and I assume also if I AM the registered keeper, the NYK should have come to me in the first place, and not the lease company?

Mouse007

The scum PPC would only know who the Registered Keeper is, they would have no access to anything which would identify either the owner or the driver. Their only source of information is the DVLA using the VRN and that only returns the RK.

What address is on the V5C?

I wouldn't put is past a PPC skipping the NTK and follow up stages, they may have prepared the paperwork in house and saved themselves the postage cost.

Madmax2022

Ahhhh a twist in the saga. The leasing company did receive a PCN in October 2021.

They transferred liability back to my company, but they were using my old registered address, hence why I would not have received the PCN myself.

No idea why its taken 16 months for someone to send something to the correct address.

It does look like I was parked somewhere that is supposedly private land, and I have no real issue paying the £60 charge, but the £170 is extortionate.

Do you think it is worthwhile trying to get the original PCN reissued at the lower amount - just galling to think that I have had no opportunity to pay the lower amount and its now £170. 🤬

Madmax2022

To be clear - the leasing company gave the PPC my address, which was my old registered address. 

This can be proved by companies house that the Ltd company was no longer registered at that address.

Suggestions? Thanks again

Coupon-mad

Madmax2022 said:

Ahhhh a twist in the saga. The leasing company did receive a PCN in October 2021.

They transferred liability back to my company, but they were using my old registered address, hence why I would not have received the PCN myself.

No idea why its taken 16 months for someone to send something to the correct address.

It does look like I was parked somewhere that is supposedly private land, and I have no real issue paying the £60 charge, but the £170 is extortionate.

Do you think it is worthwhile trying to get the original PCN reissued at the lower amount - just galling to think that I have had no opportunity to pay the lower amount and its now £170. 🤬

Nope, don't offer money!


1.  Ask the Lease co to tell you exactly WHEN they transferred liability (was it 2021? 2022? Maybe as late as Jan 2023 after getting an LBA themselves and they panicked?) and to send you a copy of their response to the parking firm AND a photo of the front and BACK of the PCN.  You should show us that.  Stop assuming fault!  This is a rogue industry.

2.  Do not ring anyone.  Send G's this email (to info@):



Dear Sirs,

Your ref: xxxxxxxxxx

Your letter has been passed to my company by our accountants (your letter having gone to an out of date previous registered company address).  I can confirm that my company is the keeper of VRM xxxxxx.

Your clients know this already because I now understand from enquiries just made to our leasing firm, that they received a NTK over a year ago and have apparently (at some unknown point) transferred liability to our company.  However, Companies House records show that the Ltd company is/was no longer registered at that address.

We have never received any communications from your clients or any party until now.   Not even a PCN, NTK nor NTH.

We know nothing about any parking charge and because the address you used for the LBA goes via a third party and is out of date, it is not suitable for service of such papers. Kindly erase that address from your databases and tell your clients to do the same, under my DPA / GDPR 2018 right to rectification of data.

The correct company address for service is:

(address you want them to reply to)

Secondly, because we know nothing about this alleged parking event, kindly tell your clients to send me (either direct or via yourselves, and email is best) everything they hold about the case.

This includes:

(a) all data held (a Subject Access Request)

and 

(b). All other evidence they will rely upon, including clear photos of the car and the signage at the material time, a copy of their 'PCN progress' page including dates of what was allegedly done and sent, and exactly when, and any letters/PCN if for some reason, these are not provided under (a). 

If the parking firm decides to send this by post, not email, you must ensure their DPO has already erased the registered company address and replaced it with the geographical company address above.  That data rectification instruction is for both you and your client, and is immediate.

I draw your attention to the pre-action protocol which can be found here:

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf  

Your client is required to supply us with the information and documents requested within 30 days.  This will enable us to make an informed decision and if possible, to assist your clients by identifying the driver, if they have any useful photographic evidence.

Given the lack of any NTK/NTH to date we also expect the opportunity to appeal, as is set out in the new incoming DLUHC Code of Practice in cases where a new address is found during the pre-action stage and the recipient of a charge has not previously had a fair chance to appeal.

Yours faithfully,


Your name (Director)
Company name
Company's geographical address