Gladstones LBC on behalf of Parking Control Management ltd

Canon7601

Hi all, 

I have recently joined and although I have read the thread you guys advise us newbies to do, I am still looking for another opinion. 

I received a LBC from Gladstones for a PCN dated few months ago for parking in a private spot run by them. This is because I couldn't see any sign when I parked there:came home late at night, the signage was obstructed by bushes, couldn't see it. The following morning, on a Saturday, around 7 am, I saw the PCN attached to the windscreen. I appealed it too late, after the deadline, and they told me it had already been passed to the solicitors' firm. 

From the photos taken by their agent it clearly shows that the branched obstruct more that 40% of the sign and it is not fully visible. I can ask for footage from my council showing that I arrived around midnight to prove in court that there was no way to see their sign at that time. Is this advisable?

Steps taken so far:

-asked for a SAR from PCM (haven't received a reply yet. However, their 40 days are not up)
-asked for a hold of 30 days from Gladstone: I have sent an email to enquiries@gladstonessolicitors.co.uk asking to dispute the debt as seen here - this was merely sent last week, given the fact I had just 5 working days left to take action)

I am absolutely horrified of what is to follow. 

Any piece of advice for what to do next, shall I ask for the footage from the council?I live in SW London.


If you require any photos, I can always attach. 

Thanks in advance.

Coupon-mad

Don't be horrified at the thought of a claim. Defending a court claim is EASIER than trying an appeal, and with no risk.  

Stop worrying, calm down, forget the footage (you cannot get that from a Council) and send Gs the suggested response in the NEWBIES thread then report them to HMRC on suspicion of possibly not accounting properly for VAT on the false added DRA 'fee'.

See the suggested response.  None of these Roboclaim firms are answering properly about VAT, so they will all be reported to HMRC until HMRC do something to investigate.  I've reported one myself already.  I may report more of them to HMRC because this suspicion isn't going away.

Read a few recent Gs threads about court claims.  Nowt to worry about. Easy to beat.  No risk, no CCJ, nothing bad. 

nopcns

What to do next? Please read the Newbies/FAQ thread.

SAR must be responded to within 30 days, not 40. However we don't recommend an SAR until after a claim has been filed. When the time comes to file a defence, you will have the evidence to show that the signs are rubbish and were obscured.

For now, spend some time reading the second post of the Newbies/FAQ thread to understand what you need to do and when.

Canon7601

Hi all, I come back with a reply from Gladstones, after all this time. As follows:

''VAT is not applicable as our Client's parking charge notice which was issued to you is a contractual charge in which you agreed upon parking your vehicle otherwise than in accordance with the terms as set out on the signs.  

   

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.  

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.  

Our Client remains satisfied this charge was issued correctly and we invite tou to make payment of the outstanding balance, in full, within 30 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: 

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 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.

If you do not make payment, 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.''

Shall I just wait now for Court Claim as advised in the Newbies post?I read stories about people being issues claims and the hearing went on without them being able o defend themselves because they never got the letter notifying them about a hearing. I am concerned about it, should it happen. Also, does my parking permit help in any way?I have forgotten to mention I do have one that I carry in my car, but did not put in the windscreen at the time of the penalty as I had forgotten ( it is transferable and try to damage it as least as possible :I only use it when I park in that spot, I try to keep it out of the sunlight when not necessary).

Thank you in advance. 

Coupon-mad

Please do the same as seen in every Gladstones VAT concerns HMRC thread. 

Those are your forum search words. I replied on one at your exact stage just hours ago.

Please tell us when you've reported Gladstones.