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No response to appeal after 35 days

2»

Comments

  • TryingtoScareYou
    TryingtoScareYou Posts: 7 Forumite
    First Anniversary Name Dropper First Post
    edited 21 March at 7:11AM
    Hello,

    well it’s come to my surprise Gladstones have sent me a LBC even though the PCN has been cancelled LOL. I emailed them proof (obviously no response) 

    im moving address soon so abit concerned tbh

    Any advice ?
  • h2g2
    h2g2 Posts: 260 Forumite
    Third Anniversary 100 Posts Photogenic Name Dropper
    Make sure to preserve evidence that the PCN was cancelled. It will prove very useful if they do decide to go ahead with a court claim.

    When you move, write to Gladstones' DPO requiring them erase [use that exact word] your old address, and informing them of your new address.

    After four weeks an e-mail along the lines of "since you have not responded to my e-mail sent xx/xx/xxxx and four weeks have now passed, I must assume my response was accepted and the matter is now closed" is perfectly reasonable. If they do decide to initiate court proceedings against you later you can raise that they did not engage with you pre-action when asking the court to consider your costs.

    You could also consider raising a formal complaint against UK-CPM for telling you the claim was cancelled, but also referring it to Gladstones, whereas the joint code of practice requires them to cancel a parking charge if they accept an appeal (article 8.4.5). Hopefully they'll realise an e-mail confirming the charge is cancelled, followed by a court claim will leave them on the hook for all your costs and then they'll instruct Gladstones accordingly. (Hopefully.)

    If they don't do anything, escalating to the BPA & IPC (they appear to be members of both) about a breach of the code of practice. This is unlikely to achieve anything by itself, but if you decide to write to your MP or DVLA about it making the point that one or both of the ATAs are not enforcing the code of practice will hopefully help long term. (I think many of us suspect the IPC in particular routinely overlook the code of practice if they think they can get away with it - I certainly do.)

    And finally, if Gladstones send anything other than "our bad, we're dropping this", you should also consider issuing a complaint to the SRA about receiving a LBC with no legal basis - they cannot possibly claim for a PCN that's been cancelled.
  • Coupon-mad
    Coupon-mad Posts: 157,628 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 March at 3:10PM
    TryingtoScareYou said:

    30th January:
    Umkomaas said:
    UKCPM are the country's most litigious operator, so expect a court claim at some stage. As you say, that could potentially take some years (they have six to issue proceedings), but they are likely to do so sooner rather than later.

    Hello

    Update on this

    I received a LBC last week and I emailed CPM again saying I haven’t even received any reply on my Appeal back in March last year.. they emailed me back saying we did reply back in 2021 LOL When this happened march 2023, I asked for proof of a screenshot my appeal has been responded and to look at my evidence again & they sent cropped screenshot of a rejection nothing is showing my details within that screenshot and said they won’t respond anymore, it’s with debt recovery.

    So, I thought I might as well wait for court claim which I was dreading because it could potentially take up until 2029 when I knew this could be sorted before that so I decided to wait. 

    I woke up this morning to find the picture attached below I must admit I’m very shocked lol I’m not sure if abit of Plan A also with them messing up dates helped I guess not too sure either way I’m happy with the outcome Thank you all 3

    30th Jan 2025:


    TryingtoScareYou said:

    21st March:

    Hello,

    well it’s come to my surprise Gladstones have sent me a LBC even though the PCN has been cancelled LOL. I emailed them proof (obviously no response) 

    im moving address soon so abit concerned tbh

    Any advice?
    Please show us the new LBC. Did you get two from Gladstones?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • TryingtoScareYou said:

    30th January:
    Umkomaas said:
    UKCPM are the country's most litigious operator, so expect a court claim at some stage. As you say, that could potentially take some years (they have six to issue proceedings), but they are likely to do so sooner rather than later.

    Hello

    Update on this

    I received a LBC last week and I emailed CPM again saying I haven’t even received any reply on my Appeal back in March last year.. they emailed me back saying we did reply back in 2021 LOL When this happened march 2023, I asked for proof of a screenshot my appeal has been responded and to look at my evidence again & they sent cropped screenshot of a rejection nothing is showing my details within that screenshot and said they won’t respond anymore, it’s with debt recovery.

    So, I thought I might as well wait for court claim which I was dreading because it could potentially take up until 2029 when I knew this could be sorted before that so I decided to wait. 

    I woke up this morning to find the picture attached below I must admit I’m very shocked lol I’m not sure if abit of Plan A also with them messing up dates helped I guess not too sure either way I’m happy with the outcome Thank you all 3

    30th Jan 2025:


    TryingtoScareYou said:

    21st March:

    Hello,

    well it’s come to my surprise Gladstones have sent me a LBC even though the PCN has been cancelled LOL. I emailed them proof (obviously no response) 

    im moving address soon so abit concerned tbh

    Any advice?
    Please show us the new LBC. Did you get two from Gladstones?
    Yes I received my first LBC back in 12.01.24 however I didn’t get response to say it was cancelled until the 30.01.24 ( waited ages for response ) latest LBC I will attach below 
  • Coupon-mad
    Coupon-mad Posts: 157,628 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Send them the cancellation proof and tell them to crawl back under their stone.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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