Gladstones LBC - query re. Gladstones text messages.

Coupon-mad

Report them to HMRC for VAT concerns if you haven't already.  Search the forum.

Coupon-mad

thestormyburrito said:

I have received a response to the above email back in July. As always. I'm grateful for and would appreciate any follow up advice on what, if anything, I should reply with. Response from Gladstones: 

Good Morning,

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

We are not prepared to respond to your correspondence on a paragraph-by-paragraph basis. Any failure to respond expressly to a paragraph of, or point raised in, the correspondence should not be treated as acceptance of the same.

As previously stated at this stage (pre-litigation) the files will not be consolidated. We will not repeat ourselves again regarding this.

The Amount Due/ Debt includes £70.00 claimed by our Client for the time/resources spent facilitating the recovery of the unpaid parking charge notice(s) pursuant to its ATA’s Code of Practice and the Terms and Conditions of the Contract, which was entered into upon the driver of the vehicle entering the Relevant Land. The amount is a pre-determined and nominal contribution to our Client’s losses as a direct result of your non-payment. VAT is not applicable as the parking charge notice which was issued to you is a contractual charge.

The charge sought is industry standard and is set at a rate so as to suitably satisfy our client's legitimate interest. In the case of ParkingEye v Beavis 2015 it was held that an £85.00 charge was neither extravagant nor unconscionable. The Accredited Trade Associations of which parking operators must be a member in order to apply for DVLA data prescribe a maximum charge of £100 and our client's charges are within this level.  

The decision of the Supreme Court also made it clear that the charges are not penal nor do they have to be reflective of the parking operator's loss.    

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.’ 

Motorists can park on the site in accordance with the terms and conditions on the sign, without incurring a charge but to park without incurring a charge they may need to display a permit; purchase a pay and display ticket; become an authorised user, it is whatever the sign states. If a motorists wishes to park ‘as they please’ within reason, they can do so but pay a charge for this ‘privilege’, the charge is set out on the signs and by a motorist parking otherwise than in accordance with the signs they accept the charge at the point of parking and a valid contract is formed. The charge is due within 28 days of being incurred, if the charge remains unpaid after this date the contract the motorist entered into is breached and a debt is owed to our Client, they are then entitled to damages that have occurred as a result of the breach.

Our Client remains satisfied the charges were issued correctly and we invite you to make payment of the outstanding balance, in full, within 7 days of this email.

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

Gladstones Solicitors Ltd

Barclays Bank

Account Number: 33028712

Sort Code: 20-24-09

Reference:

104294.120xxx - £170.00

104294.127xxx - £510.00

104294.133xxx - £170.00

Alternatively, you can make payment online or via the automated payment line on 0333 0230 049 quoting your 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.

Should full payment not be forthcoming within the time frame specified, we are instructed to issue legal proceedings to recover the outstanding balance in full. Should it become necessary to issue legal proceedings, we suggest you follow the steps on the Claim Form upon receipt of the same.

Kind Regards.

Hope you have now reported Gladstones to HMRC for pretending that a debt recovery fee is part of the PCN and "exempt from VAT"?

Are you ignoring them now, or have you fired back a response telling them you will report them to HMRC re the rubbish they are spouting about their own DRA fee add-on being "exempt from VAT", and you will now also report them to the SRA for breach of SRA Standards by refusing to consolidate 'files' and bring their client's whole case as one claim (instead of three) which is a clear abuse of the court process.

KeithP

This line in that response from Gladstones caught my eye...

Gladstones said:
VAT is not applicable as the parking charge notice which was issued to you is a contractual charge.

In a similar manner, does than mean I can agree a contract with my local garage to, say, replace the engine in my car, and as long as I agree a contract, then no VAT is payable?

No need to reply. I know the answer.

What a load of rubbish - being spouted by solicitors too.

thestormyburrito

As you will note from my last post, the last time I heard from Gladstones was in October 2024, with them continuing to ignore the content of my emails (as posted on here) and still demanding payment. 

Today (April 25) I have received a letter from a new company - BW Legal, titled “letter of claim” - now demanding the unpaid fees for the 5 tickets. 

Am I correct in thinking this is simply the debt being sold to another cowboy company? If so, do i have to go through the same process again with the letters or do I ignore? Would seem ridiculous that I have to jump through the hoops of sending the same letters over and over. Please also note, the original tickets in question were from June 2023 - approaching 2 years. 

any advice appreciated. 

thestormyburrito

Just bumping this - really just want to know whether to ignore or repeat the process…

Coupon-mad

No private parking alleged 'debt' is ever sold as this isn't allowed under KADOE.

Just send the usual LBC reply as seen in the second post of the NEWBIES thread.