PCN for not parking fully within a bay while another car didn't get one for not parking in a bay

balsingh

Coupon-mad said:

Add in the extra bit asking for copies of the signs.

https://forums.moneysavingexpert.com/discussion/6499297/premier-parking-enforcement-ltd/p1 was a really interesting read. Based on that, I'm thinking to state the reasoning for asking for the sign copies as that I feel they are non-compliant/inadequate and even mention that from memory the naming convention on the signs is different to the claimant as per their letter and the PCN/NTK? Just thinking if I add those as clout, they will hopefully realise I have good justification for requesting these?

Coupon-mad

Yes - chuck it at them.

balsingh

I responded to Gladstones last week via their webform as per the template and asked for copies of signs with additional info justifying why I wanted the information (specifically queries around the naming convention around the claimant on the signs vs the letters).

Their legal assistant responded today by direct email with the following response which appears to mainly mimic the one at https://forums.moneysavingexpert.com/discussion/comment/80608555/#Comment_80608555 :

Good morning

Thank you for your email, the content of which is noted.

In response to your questions, please see below:

1. Vat is not applicable in this case
2. Our Clien are then entitled to damages that have occurred as a result of the breach.

 As requested a copy of the signage at the location is attached.

 An explanation of the balance was included in the Letter Before Claim. 

 Our file will be placed on hold for a maximum of 30 days, as requested.

 Yours sincerely

The image provided of the signage (below) is rubbish and looks like a stock image rather than pictures of the actual signs at the location (which I clearly made a point of asking for). 

1. Should I push back and insist on photos of the actual signs stating this is pointless and reiterating my reason for it?
2. Should I respond along the lines of https://forums.moneysavingexpert.com/discussion/comment/80608617/#Comment_80608617 which was suggested on another thread?
3. A combination of both? Assuming direct email response now is the norm rather than via any webform?

Thx in advance!

Coupon-mad

Same reply encouraged as here:

https://forums.moneysavingexpert.com/discussion/comment/80608555/#Comment_80608555

I want to report them to HMRC.

balsingh

Sure. will do that. Any value in complaining about the crappy sign photo they sent and asking for some proper pics of the actual signs too?

Coupon-mad

balsingh said:

Sure. will do that. Any value in complaining about the crappy sign photo they sent and asking for some proper pics of the actual signs too?

No, that would be silly. Inviting them to improve their case at pre-action stage, thus making your defence position weaker!

balsingh

Response sent to them by reply to their email as per how we discussed above.

BTW, received another separate email with a refusal to erase personal data.

Awaiting further responses from them.

balsingh

Just had an email from them today. Again, queries not responded to but just a threat to make the payment. they didn't even address me by my name so assuming templated to a bunch of people:

Good Afternoon,

We acknowledge receipt of your recent correspondence. 

Our Client’s position has been outlined in previous correspondence. We will not be responding to further correspondence.

Our Client is therefore satisfied the case against you should proceed unless the debt owing is discharged in full. 

To ensure no further action is taken, you should make payment no later than 30 days from the date of this correspondence.

In the event we do not receive payment within the time scale specified, our Client reserves all its rights including the right to commence Court proceedings, without further reference to you.

You can make payment using the following methods:

Online

Visit www.gladstonessolicitors.co.uk

Over the Phone

Call 0333 0230 049

Via Bank Transfer

Name: Gladstones Solicitors Limited

Account Number: removed

Sort Code: removed

You must include your reference xxxxxx.xxxx when making payment. If you fail to do so, we may be unable to allocate your payment. This may result in further costs being incurred, for which you will be liable.

Coupon-mad

Report them to HMRC saying they refuse to answer the question you raised about whether they are unlawfully charging you VAT that should be paid by their client.  They avoided answering and you suspect consumers are possibly unknowingly footing the VAT, which is not allowed for enforcement or DRA fees.

balsingh

Coupon-mad said:

Report them to HMRC saying they refuse to answer the question you raised about whether they are unlawfully charging you VAT that should be paid by their client.  They avoided answering and you suspect consumers are possibly unknowingly footing the VAT, which is not allowed for enforcement or DRA fees.

Few  things on this, when you say report to the HMRC, are you referring to Gladstones or Wilkins (Premier Parking Enforcement)? should I be telling Gladstones that I am doing this in the hope they may keel??

Should I not be pushing back on Gladstones with anything else because no action will result in court proceedings?

Are we now assuming court proceedings is the only way as it's beginning to feel a bit scary now about being taken to court and any little thing can swing it either way. I'm happy to keep following your advice and hope what we have will bring a win against Wilkins. 

I am up in Birmingham next weekend and planning to visit the site to get photos of the actual signs as that is likely to prove useful. I still have the photos I took on the actual day of the supposed bait car which lead to this PCN in the first place. whilst I am there, anything you think I should get in terms of photos or evidence?

Thx and appreciate all the advice so far.