Letter Before Claim from Gladstones Solicitors for CPS UK Parking Charge

James4help

Help Needed: Letter Before Claim from Gladstones Solicitors for CPS UK Parking Charge

Hello everyone,

I have received a Letter Before Claim (LBC) from Gladstones Solicitors acting on behalf of Complete Parking Services (CPS UK) Ltd, demanding payment of £170 for a Parking Charge Notice (PCN) issued at East Laith Gate, Doncaster on 28 September 2024.

I am looking for legal guidance on how to handle this situation and whether I should respond to the LBC. Below are the key reasons I have refused to pay so far, along with the steps I have taken:

Reasons I Have Disputed the PCN

1. Failure to Provide the Paid-for Reminder Service

• I purchased an SMS reminder service at the time of payment via Tap2Park, which was meant to notify me when my parking was about to expire.
• However, I never received the reminder, which resulted in an overstay of only 7 minutes beyond the grace period.
• CPSUK claims the message was sent, but I  never got it.
• This failure is a breach of contract under the Consumer Rights Act 2015, as services must be delivered with reasonable care and skill.

Delayed Receipt of the PCN

• The contravention occurred on 28 September 2024, and CPSUK claims to have sent the Notice to Keeper (NtK) on 02 October 2024 via Royal Mail (2–3 day delivery).
• However, I did not receive the notice until 21 October 2024, well beyond the 14-day legal requirement under Schedule 4 of the Protection of Freedoms Act (PoFA) 2012.
• If the notice was not served within the legally required timeframe, the parking company cannot hold me liable as the registered keeper.

Unfair and Excessive Charge for Minimal Overstay

• I had no intention of overstaying, as I paid for two hours of parking and also paid for an SMS alert to remind me to leave on time.
• The alleged overstay was only 7 minutes beyond the grace period, and the demand of £170 is excessive and not reflective of any genuine loss to CPSUK.
• The parking company has shown no willingness to accept my reasonable offer to pay a proportionate fee rather than the full penalty.

Current Situation

• The IAS did not uphold my appeal, despite the clear breaches by CPSUK.
• I have now received a Letter Before Claim from Gladstones Solicitors, threatening legal action if I do not pay.
• I am unsure whether to respond, ignore, or prepare a formal legal defence.

My Questions

1. How should I respond to the LBC?
2. Should I request evidence of Royal Mail’s actual delivery date? If the PCN was delivered late, does this automatically mean they cannot enforce keeper liability?
3. Is there a way to challenge this? What are my chances if this goes to court?
4. Would it be advisable to engage with Gladstones at this stage, or wait for an actual court claim?
5. Does anyone have a template letter to reply to this Letter Before Claim?

I appreciate any advice from those with legal experience or previous dealings with Gladstones and private parking cases.

Thanks in advance!

EssexExile

Try the specific parking section at the top of the motoring section.

James4help

OK..I will. Thank you