Gladstone response to letter before action dispute received following UK CPM invoice from Jan 2023

deadnotstupid

Thanks, @Coupon-mad, I have done that now. 

dizzy86

I assume you’ve not had a reply from them yet, given Gladstones seem to take their sweet time! 

I’m in a similar situation and have sent pretty much the same emails you have. I got the same email response last month where they swerved the two questions asked, so I repeated them and they’ve replied today with the following - I’m not sure whether this is sufficiently answering the question or not really! 

‘Further to your recent correspondence, we refer you to the IPC code of practice Part E Schedule 5. This confirms the following: 

 

‘Parking charges must not exceed £100 unless agreed in advance with the IPC. Where there is a prospect of additional charges, reference should be made to this where appropriate on the signage and/or other documentation. Where a Parking Charge becomes overdue a reasonable sum may be added. This sum must not exceed £70 (inclusive of VAT where applicable) unless Court Proceedings have been initiated.’ 

Coupon-mad

Report Gladstones to HMRC online now, because the consumer cannot be charged the VAT element of a debt recovery fee and there are suspicions that the parking industry debt collectors are not accounting for VAT (at all) on the added £70.  Multi millions ride in this complaint.

To see what to put in your VAT concerns complaint, search the forum for:

Gladstones VAT concerns HMRC

dizzy86

Is that likely to do anything to stop proceedings, do you think? I tried to do that today but the template had way too many characters and even after getting them down to the requisite amount ( took a lot of careful editing) it still wouldn’t accept it!

Coupon-mad

Template? There isn't one. I've reported a solicitor myself and it took ten minutes.

Please tell us when it's done.

KeithP

@dizzy86, I don't know what 'it' is that you are trying to do, but can you please start a new thread about 'it' so as to avoid disrupting @deadnotstupid's discussion?

deadnotstupid

Hi all,

it looks like I have just today received the same response as @dizzy86 so still not directly answered the questions but implied that VAT could be included, but also saying they will not “enter into protracted correspondence” and that future responses will be “kept on file for completeness”

Good Afternoon, 

 

Thank you for your correspondence and apologies for the delay in responding.

 

Further to your recent correspondence, we refer you to the IPC code of practice Part E Schedule 5. This confirms the following: 

 

‘Parking charges must not exceed £100 unless agreed in advance with the IPC. Where there is a prospect of additional charges, reference should be made to this where appropriate on the signage and/or other documentation. Where a Parking Charge becomes overdue a reasonable sum may be added. This sum must not exceed £70 (inclusive of VAT where applicable) unless Court Proceedings have been initiated.’ 

 

We will not enter into protractive correspondence regarding the above, any future correspondence will not be responded to but placed on file for completeness.

 

Payment is now significantly outstanding. Should full payment fail to be discharged before the 24th July 2024, please follow the instructions on the claim form upon receipt of the same.

 

Payment can be made via bank transfer to the account detailed as follows: 

Gladstones Solicitors Ltd 

Barclays Bank 

Account Number: ********* 

Sort Code: 20-24-09 

Reference: ******.*******

Amount Due: £170.00

Alternatively, you can make payment online at www.gladstonessolicitors.co.uk or via the automated payment line on 0333 0230 049 quoting reference ******.*******.

You must include your reference ******.******* 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.

Kind Regards,

They haven’t outright said VAT included, but they also still haven’t answered the questions posed but seem to be implying that they won’t.

Coupon-mad

Report them to HMRC online. VAT concerns

deadnotstupid

I’ve just sent the report and sent them a response email. 

Thank you for your email. 

While you have included a citation of the IPC code of practice, you have still failed to actually answer any of my questions, to which I am owed specific answers under the PAP. 

I do not believe that the IPC code of practice provision for possible inclusion of VAT supersedes the HMRC’s requirement that it must absolutely not include VAT in these ‘fines’ or additional fees. https://www.gov.uk/hmrc-internal-manuals/vat-supply-and-consideration/vatsc06140

You have  failed to answer the questions asked with consideration to the PAP. Failing to follow the PAP is something taken into consideration by courts. https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/pre-action-protocols

Payment will not be forthcoming. The debt remains disputed. You have failed to answer my reasonable and pertinent questions in consideration with the Pre-Action Protocol, and have implied that your business practices may not comply with HMRC requirements. 

Many thanks, 

patient_dream

‘Parking charges must not exceed £100 unless agreed in advance with the IPC. Where there is a prospect of additional charges, reference should be made to this where appropriate on the signage and/or other documentation. Where a Parking Charge becomes overdue a reasonable sum may be added. This sum must not exceed £70 (inclusive of VAT where applicable) unless Court Proceedings have been initiated"

A complete nonsensical reply ????   

They say .."This sum must not exceed £70 (inclusive of VAT where applicable) unless Court Proceedings have been initiated"

Who writes this rubbish. the £70 ... when is VAT appicable they say, ...... WHERE APPLICABLE

They have no choice, VAT is VAT and i appicable on Debt recovery Charges ..... whatever ever they call it
Gladstone were fined by the SRA some £30k by the SRA for accounting problems but it never was investigated by the HMRC.

The SRA are small fry against HMRC and that is why Gladstones Solicoitors and the scam set up called the IPC
MUST BE REPORTED TO HMRC ... FOR A FULL INVESTIGATION

Throughou the WHOLE parking industry from debt collectors and dodgy legals, there is a IS A GREAT DEAL of money to be collected by HMRC

JUST THINK, SUCH AN INVESTIGATIOMN could go back 10 years ? maybe attreact £millions  
REPORT GLADSTONES TO HMTC .... it's simple