PCN Letter before Claim Gladstones Solicitors

Car1980

So it wasn't a double dip? Just an overstay?

Different tactics required in that case.

drorlock

Yes just an over stay - I genuinely thought it would have been a double dip but managed to see the images and get the time stayed

Car1980

I would go aggressive then and send Gladstones a put up or shut up response to their Letter of Claim. It'll help you by either getting information out of them, or enable you to highlight their intransigence.

e.g.

I refer to your letter of claim dated XXX. The alleged debt is disputed and any court proceedings will be defended.

The Civil Procedure Rules 1998, Pre-Action Conduct and Protocols (Part 3), state:

3. Before commencing proceedings, the court will expect the parties to have exchanged sufficient information to understand each other’s position, make decisions about how to proceed and support the efficient management of those proceedings.

Part 6 states:

Steps before issuing a claim at court

The parties should exchange correspondence and information to comply with the objectives in paragraph

3, bearing in mind that compliance should be proportionate. The steps will usually include —

 (c) the parties disclosing key documents relevant to the issues in dispute.

You refer to a contract, yet you fail to include a copy of the contract (a key document), as well as fail to state the contractual nature of the breach you allege. 

Therefore, as your templated letter is not sufficient to adhere to the PACPs, I require the following:

1. A copy of the contract (or contracts) you allege exists between your client and the driver, in the form of an actual photograph of the sign you contend was at the location on the material date. 

2. The exact wording of the clause (or clauses) of the terms and conditions of the contract(s) which is (are) relied upon that you allege to have been breached.

I look forward to your response.

drorlock

OMG. Thats brilliant. I'm sending that today. Thank you so much!!!!

Coupon-mad

I expect the signs said £70 parking charge.

Gladstones have added £70 on top of £80.