Gladstones LBC

B789

nortoon24 said:

Just a thought - from end of November, the PCN will be time barred as it will be over 6 years. If I am unable to go to court as I will not be in the country until after November, will the claim be out of date?

I have been getting prepared for this to go to court. Am I right in thinking that the parking company must have permission from the landowner to pursue me? Is it incumbent on them to provide evidence that they have permission? The landlords of the pub this PCN concerns is different now to what it was years ago? I would have tried to sort this with them in the first instance but they're no longer there.

Just one final question, I have always referred to the claim of £160 as an invoice when communicating with NPE and Gladstones (neither of whom know who the driver was). They have argued that because it is not subject to VAT then it is considered a fine and not an invoice. Is this correct?

As always, many thanks in advance for any help/advice offered.

I think the time limit is for the case to be filed, not when the actual hearing takes place. In this case, you were served the claim before the time limit expired, weren't you?

When you submitted your defence, did you use the template one from the Newbies thread? That should have mentioned the landowner and contract and you will have the right to ask for that in your WS. You will ask for strict proof that the PPC has the necessary permission to sue you.

Are you saying that someone from Gladstones actually said that this is a "fine" and not an invoice as there is no VAT applied? I can understand some intellectually challenged ex-clamper or goon from a PPC or debt collection company trying to bamboozle you with that male bovine excrement. However, if someone from Gladstones said that, I think a complaint to the SRA is in order. I stand to be corrected, but I seriously doubt a speculative invoice from a private parking company can ever be referred to as a "fine". Who do they think they are? Some kind of authority?

Do you have that in writing?

Not_A_Hope

As you are only at Letter Before Claim stage the PPC will have until November to actually submit a claim after which it will be time barred.

Coupon-mad

Which is why you obviously spend the next few months slowly asking questions.

nortoon24

B789 said:

nortoon24 said:

Just a thought - from end of November, the PCN will be time barred as it will be over 6 years. If I am unable to go to court as I will not be in the country until after November, will the claim be out of date?

I have been getting prepared for this to go to court. Am I right in thinking that the parking company must have permission from the landowner to pursue me? Is it incumbent on them to provide evidence that they have permission? The landlords of the pub this PCN concerns is different now to what it was years ago? I would have tried to sort this with them in the first instance but they're no longer there.

Just one final question, I have always referred to the claim of £160 as an invoice when communicating with NPE and Gladstones (neither of whom know who the driver was). They have argued that because it is not subject to VAT then it is considered a fine and not an invoice. Is this correct?

As always, many thanks in advance for any help/advice offered.

I think the time limit is for the case to be filed, not when the actual hearing takes place. In this case, you were served the claim before the time limit expired, weren't you?

When you submitted your defence, did you use the template one from the Newbies thread? That should have mentioned the landowner and contract and you will have the right to ask for that in your WS. You will ask for strict proof that the PPC has the necessary permission to sue you.

Are you saying that someone from Gladstones actually said that this is a "fine" and not an invoice as there is no VAT applied? I can understand some intellectually challenged ex-clamper or goon from a PPC or debt collection company trying to bamboozle you with that male bovine excrement. However, if someone from Gladstones said that, I think a complaint to the SRA is in order. I stand to be corrected, but I seriously doubt a speculative invoice from a private parking company can ever be referred to as a "fine". Who do they think they are? Some kind of authority?

Do you have that in writing?

Sorry - it was the PPC that stated this: "Please note Parking Charges are outside scope of VAT, and therefore are not an invoice."

I have always been under the impression that it was an invoice?

Not_A_Hope

You can give the claimants as much trouble and grief as you like but the VAT status of their invoices is probably something the HMRC need to address. It won’t be a winning point of law if you actually end up defending a court claim

nortoon24

Well, having asked a number of questions of the PPC and included Gladstones in the email thread, I have received an email from Gladstones stating that my PCN file is now closed and no further action will be taken by them against me!

Not_A_Hope

Well done in standing up to these bullies and seeing them off. NPE Ltd we’re obviously giving the money tree a last quick shake before their PCN was time barred.

Stick around the forum and make sure you comment on the upcoming consultation on the new Code of Practice. Your contribution in getting this in force may stop you and many others having to go through this sort of experience in the future.

B789

nortoon24 said:
Sorry - it was the PPC that stated this: "Please note Parking Charges are outside scope of VAT, and therefore are not an invoice."

I have always been under the impression that it was an invoice?

Do you have that in writing or was it something said over the phone?

Congrats on the scammers dropping the case.

nortoon24

B789 said:

nortoon24 said:
Sorry - it was the PPC that stated this: "Please note Parking Charges are outside scope of VAT, and therefore are not an invoice."

I have always been under the impression that it was an invoice?

Do you have that in writing or was it something said over the phone?

Congrats on the scammers dropping the case.

It was in an email.

Coupon-mad

Did Gladstones mean they have only closed their file (i.e. passed it back to the PPC to take it up with another roboclaim firm?). 

Doesn't mean PCN cancelled unless it says that.