Gladstone/Parallel Park LBC

James90210

Hi folks,

If anyone is able to offer advice here it would be massively appreciated.

I've very quickly had a trio of letters, first a parking charge, followed by an NTK, followed by an LBC from Gladstone. I even had a phone call and text from Gladstone, which were both ignored as I had no idea what was going on at first and assumed it was unsolicited spam.

It appears that a vehicle registered to me pulled off the road behind some shops into a small empty area while someone else ran an errand. The alleged driver of the vehicle never the left vehicle to see any signage and also pulled off the road into the exit part of the car park rather than designated entrance (one way system on the public road, so was quicker to just pull in rather than drive around the block to the other side, especially on the evening when there's no vehicles around). Due to pulling off the road into the exit 'entrance' of the car park, the alleged driver saw no signage to realise this was cowboy paid parking land. The alleged driver may have seen signage inside which made note of staff parking - but on the evening after business closure in an empty car park, assumed it would be ok.

One of the letters sent to me has a picture of the alleged vehicle 'entering' and exiting. But the pictures are so dark all you can see is an approx silhouette of the vehicle and a number plate. No discernible landmarks, it could literally be anywhere, including deep space.

Any advice as to where to go from here??

Again and to be clear, this just feels like bullying of the motorists and I had no idea there was a supposed contravention taking place, especially having a) 'entered' via the one way 'exit'. And b) never left the vehicle to see any signage or assumed there would be in a small empty plot of land behind closed shops!! Also not happy at all for the DVLA or whomever that gave my private telephone number for Gladstones to attempt to contact me before I had any knowledge of what was going on.

Thank you in advance!

UncleThomasCobley

Welcome. You must now read and digest the Newbies/FAQ thread.

FYI, there is no "alleged driver". Also, there is no "alleged vehicle". Get your head around the facts and what is meant by reading the thread I have just mentioned.

You received a speculative invoice from an unregulated private parking company for "allegedly" breaching the terms of the car park. If the NtK relied on PoFA then it is irrelevant whether you were the driver or not because you can be held liable as the "keeper" anyway.

The second post in the Newbies/FAQ thread explains in great detail what you should do if you have received an LoC/LBC. Follow that advice, including a strong rebuttal. If you really need more time, you can apply the 30 day "debt" extension, but that is not really necessary in most cases.

Have you tried Plan A yet? Plans B and C sailed away long ago. You are at Plan D stage.

Coupon-mad

The DVLA didn't give your phone number out.  Gladstones got it from your OWN publicly available data by doing a 'soft trace' from a Credit Reference Agency.  Perfectly OK.

Any advice as to where to go from here?

The section on LBC stage.

Brie

I suggest if you do end up talking to Gladstones to tell them they are in breach of data protection laws and that they have no right to have your number (whether they got it legally or not).  Tell them to delete if from their records and to never ring/text you and only contact you by post.

Coupon-mad

But no-one rings Gladstones. The advice about LBC stage in the NEWBIES thread is clear.

James90210

Coupon-mad said:

But no-one rings Gladstones. The advice about LBC stage in the NEWBIES thread is clear.

Thanks everyone for your advice.

I'm often working away from home, and these letters came so quickly, all 3 in a little over 2 months. I've only been home since Friday and the Gladstone letter only arrived today. Hence why I was so confused when I saw a call/text from Gladstones before receiving any paperwork.

How does this sound as a response:

Dear Sir or Madam

I write in regard to your letter, dated XXth of October, but not received until the XXst of October, informing me of a 30 day window in which to take action. This already tells me the kind of unscrupulous people I'm dealing with and suggest that you date your letters closer to their actual posting date. Lest it be seen as trying to manipulate a system and additionally cause unwarranted stress, fear and anxiety over alleged debts.

I fully and robustly deny any debt in regards to the above references, but am currently seeking debt advice and ask that the case must be put on hold for not less than 30 days under the PAP for debt claims 2017.

I have also submitted a SAR request to your client and await their response.

Given that the driver of the vehicle did not enter your 'car park' through the entrance, but mistakenly the 'exit', no appropriate signage was brought to the drivers attention. The driver also never exited their motor vehicle & the engine was running the entire time. Therefore no signage was seen and no parking charges were agreed to, nor did any parking actually take place.

I'd also like to advise you that whether it was obtained legally or not, I have had attempted contact from yourselves via my mobile telephone number and text - I have not given you my personal telephone number and you are in breach of data protection laws by holding onto it. I expect this to be promptly deleted and erased from your records and advise firmly that any and all contact be conducted by post and post only.

Yours faithfully

UncleThomasCobley

I really don't know why the reference to a SAR is relevant to the solicitors? Perhaps it is time to edit the advice so that the solicitors aren't"advised" about a SAR to their clients? In many cases it is now inadvisable to SAR the PPC, at least not until after a claim has actually been filed.

Coupon-mad

I have also submitted a SAR request to your client and await their response.

You aren't doing any SAR.  That's not one of the three things I advise people to say in a response to a LBC (see NEWBIES thread).

James90210

Coupon-mad said:

I have also submitted a SAR request to your client and await their response.

You aren't doing any SAR.  That's not one of the three things I advise people to say in a response to a LBC (see NEWBIES thread).

Thanks all for the responses again.

I've updated to the following - if that's all ok, I'll go ahead and send it off.

Dear Sir or Madam

I write in regard to your letter, dated XXth of October, but not received until the XXst of October, informing me of a 30 day window in which to take action. This already tells me the kind of unscrupulous people I'm dealing with and suggest that you date your letters closer to their actual posting date. Lest it be seen as trying to manipulate a system and additionally cause unwarranted stress, fear and anxiety over alleged debts.

I fully and robustly deny any debt in regards to the above references, but am currently seeking debt advice and ask that the case must be put on hold for not less than 30 days under the PAP for debt claims 2017.

Given that the driver of the vehicle did not enter your 'car park' through the entrance, but mistakenly your designated 'exit', no appropriate signage was brought to the drivers attention. The driver also never exited their motor vehicle & the engine was running the entire time. Therefore no signage was seen and no parking charges were agreed to, nor did any parking actually take place.

I'd also like to advise you that whether it was obtained legally or not, I have had attempted contact from yourselves via my mobile telephone number and text - I have not given you my personal telephone number and you are in breach of data protection laws by holding onto it. I expect this to be promptly deleted and erased from your records and advise firmly that any and all contact be conducted by post and post only at the above stated address.

Yours faithfully

Coupon-mad

All good but it won't stop them so don't expect it to have any effect but to delay the claim until just before Christmas.

Is that ACTUALLY what you want?  I wouldn't!

Also, I wouldn't ask for post only.

Email is sooooo much better for you at court stage next year when it comes to exchanging 50-page WS bundles!

James90210

Coupon-mad said:

All good but it won't stop them so don't expect it to have any effect but to delay the claim until just before Christmas.

Is that ACTUALLY what you want?  I wouldn't!

Also, I wouldn't ask for post only.

Email is sooooo much better for you at court stage next year when it comes to exchanging 50-page WS bundles!

Ah I see, so only confirm address specifically for service of documents. Just gone back to re-read more clearly the newbie thread and advice at LBC stage. 

No certainly, it’s not what I want - I would rather sort this out now! I’m not sure what more I can add??

I did a forum search for LBC rebbutals but searching by best hit and most recent just pulls up similar posts with people being told to forum search. 

I found one section with some example rebbutals you’d worded yourself but these were heavy with legalese and very specific to the cases you referenced. 

I’m not sure what more I can add for now. If I need to deep dive any more, or be more heavy handed and specific with the rebuttal wording, please do advise. I have to travel tomorrow again for work and won’t be home until mid December so I was just trying my hardest whilst rushing round organising things to get this sorted as best I can. I’ll have more time in a couple of days to dig more deeply if I can’t sort it now.

I am massively appreciative both now & a couple of years ago for the advice I’ve received here.