CPM/Gladestone Next Steps

robinhood917

Hi,

To give you a bit of background to my case. Rented an airbnb property for 6 weeks in Dec 2023-Jan 2024.

The parking permit issued to me was for spaces marked with "PP". On a few occasions all the spaces marked "PP" were taken and I had to park on the side of the road inside the area managed by CPM. To me I think they have been wrongfully issued as they clearly have issued more permits than spaces available therefore creating an environment where they can issue fines.

I have followed the steps on the Newbie website and sent the following reply to Glandstones initial letter...

Dear Sirs,

Your Ref. [Removed by Forum Team]
Proposed Legal Proceedings
Claimant: UK Car Park Management Ltd

I refer to your letter of claim.

I confirm that my address for service for the time being is as follows:

XXX

The alleged debt is disputed and any court proceedings will be vigorously defended.

I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

I am disputing this claim as I was a resident at the property at the time of receiving these PCNs and displayed a valid permit at all times.

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional £70 represents a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

Yours faithfully

XXX

They then responded with the following...

Dear XXX

We write further to your email dated the 3rd December 2024 and apologise for the delay in responding.

Please see attached our Client's evidence pack, the content we trust to be self-explanatory.

1. 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.  

2. 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; park wholly within a marked bay; 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.

In absence of full payment on or before 19th March 2025 we suggest you follow the steps 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: 33028712 

Sort Code: 20-24-09 

Reference: [Removed by Forum Team]

Amount Due: £510.00

Kind Regards,

I am now wondering what the next steps are. Do I wait for a Claim form to come through after the 19th March and proceed with the steps under defence on the Newbie forum or further respond to this email.

Thanks

Gr1pr

You could report them to HMRC with vat concerns 

Then await the claim form pack from the CNBC in Northampton using MCOL 

Then follow the newbies sticky thread and the defence template thread details regarding court claims

KeithP

Hello and welcome.
Just wait for the Claim Form.

robinhood917

Thanks, will do

Le_Kirk

robinhood917 said:

Thanks, will do

......... but don't forget to do this (if you haven't already done so): -
7 March at 3:40PM <<<<<LINK

robinhood917

Hi, 

I have now received a Letter of Claim from BW Legal saying I have until 10th May to contact them. "Failure to contact... will result in your case proceeding to our litigaton process where a County Court claim may be issued without further notice"

They have also attached a reply form.

Is this just another stage of them trying to intimidate me into paying? Therefore should I just carry on ignoring until I get the Claim Form?

Thanks

Coupon-mad

Yep do nothing until then.

But please edit your thread title.

robinhood917

eeer definitely being thick but can't see anyway to edit it? edit to what anyway?

Coupon-mad

After a few more posts you can edit.

You told us you'd now heard from BW Legal (not Gladstones).