Queries over 'Letter before Claim'

Harry1818

Recent 'Letter before claim' notice received from Gladstone's Solicitors prompting payment or to contact within 30 days to avoid court action.

Followed template on 'NEWBIES' section and requested SAR from their client NPM (now received) and told Gladstone's to place on hold for 30 days.

NPM replied and provided correspondence for 2 separate parking tickets for the same car park, both several years ago, 5 months apart. Was living at the postal address mail was sent to at the time all NTK and 'final reminder' letters were issued, the last of which received later in the same year as the ticket was issued. No correspondence received since and have lived at several addresses.

Questions I have:

• The 'car park' is a small staff car park with space for ~5 vehicles behind a row of shops, also where bins are kept, how does one go about identifying the landowner to write a complaint, presumably NPM will not disclose this info?

• I appealed one of the tickets using a template obtained from a forum, disputing the charge and stating I would not admit to being the driver of vehicle.

• These forums offer help with fighting unfair tickets, one could consider these repeated contraventions in the same signed location as flagrant and thus fair, but obviously would like to dispute in court nonetheless. My question is do the defence draft template content of why the driver was there & what went wrong? part and Exaggerated Claim and 'market failure' currently being addressed by the Government still apply to my defence given the above?

Le_Kirk

Harry1818 said:

Recent 'Letter before claim' notice received from Gladstone's Solicitors prompting payment or to contact within 30 days to avoid court action.

Followed template on 'NEWBIES' section and requested SAR from their client NPM (now received) and told Gladstone's to place on hold for 30 days.

NPM replied and provided correspondence for 2 separate parking tickets for the same car park, both several years ago, 5 months apart. Was living at the postal address mail was sent to at the time all NTK and 'final reminder' letters were issued, the last of which received later in the same year as the ticket was issued. No correspondence received since and have lived at several addresses.

Questions I have:

• The 'car park' is a small staff car park with space for ~5 vehicles behind a row of shops, also where bins are kept, how does one go about identifying the landowner to write a complaint, presumably NPM will not disclose this info?

• I appealed one of the tickets using a template obtained from a forum, disputing the charge and stating I would not admit to being the driver of vehicle.

• These forums offer help with fighting unfair tickets, one could consider these repeated contraventions in the same signed location as flagrant and thus fair, but obviously would like to dispute in court nonetheless. My question is do the defence draft template content of why the driver was there & what went wrong? part and Exaggerated Claim and 'market failure' currently being addressed by the Government still apply to my defence given the above?

When you write "requested SAR from their client NPM and now received" what have you received?  Presumably your data, all that they hold on you.  You parked in a staff car park, were you a member of staff?  If so, can the employer help?  To find landowners, one of the regulars @Umkomaas frequently posts advice on how to do this.  I have reposted his advice twice in the last three days or click on his user name and check out his profile to find his posts.
When you appealed using a template from "a forum" was it this forum and what was the outcome?  Was it rejected?  The standard defence template that you will find on the first page of this forum in the announcements is current and up-to-date.  Have you though, received a N1 court claim form or just letter before claim?

Umkomaas

SOME IDEAS ON DETERMINING WHO OWNS THE LAND 

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £3 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there.

Coupon-mad

"My question is do the defence draft template content of why the driver was there & what went wrong? part and Exaggerated Claim and 'market failure' currently being addressed by the Government still apply to my defence given the above?"

Yes.  Easy to defend.

Two PCNs doesn't indicate deliberate breach.

Harry1818

"When you write "requested SAR from their client NPM and now received" what have you received?"

Full name, address, vehicle registration number and photographs of your vehicle, both PCN's, NTK's and final reminders. Also my single appeal plus the subsequent decline statement

"When you appealed using a template from "a forum" was it this forum and what was the outcome?"

Searching the text shows the template comes from the NEWBIES section of this forum. The appeal was declined, stating that that private car park was clearly signed, despite declining to name the driver the liability

will remain with me etc etc

"Have you though, received a N1 court claim form or just letter before claim?"

No N1 court claim form, just LBC from Gladstone's

Thank you @Umkomaas and @Le-Kirk, I have contacted local council & valuation office

Coupon-mad

Search the forum for robust LBC Gladstones