LBC Gladstone Solicitors Tesco Car Park

GootyWooty

Afternoon all,

First off, I want to thank all the forumites here for the heaps of information and knowledge shared on the topic. It's been extremely useful in understanding the legal jargon and the tactics parking companies try to use. 

This week, I received a Letter Before Claim from Gladstone Solicitors on behalf of Horizon Parking in regards to an alleged unpaid parking charge at a free Tesco car park at a cost of £150. The infraction was a stay exceeding the maximum stay duration - 30 minutes max, but overstayed under 15 minutes according to their ANPR system. 

I am the RK but was not the driver for this incident, I did not reply to any letters received and I am able to simply provide the details of the driver (parent) and wash my hands, however I was wondering if there was any point in sending off a preliminary email reply (within the 28 days since receiving the LBC) stating that I am not the driver and will not provide driver details as I believe PoFA wasn't properly followed. Reasons being that they've only provided ANPR time stamps of the driver entering the site and leaving, leaving ample room to account for the overstay before even considering the consideration/grace period allowances. 

As I understand, the LBC means the claim is likely but, if at all possible, I'd like to just scare them off even attempting. Unsure if anyone here has had luck with that. I have constructed a draft email (can share upon request) last night with this in mind stating a few points where I believe PoFA failed and therefore no keeper liability can be established. The alternative is to simply reply with an email with the driver's details although I believe they'd like to negotiate to pay the initial parking charge sum of £70 (which they should have opted to do when given the chance, but I assume ignored thinking nothing would happen).

I would personally argue it in court, after all its a 30 min free car park for Tesco customers (as they were) with the overstay period well within BPA consideration/grace period - points I have raised in the draft email. The part I was unsure on is whether there was any point in arguing failed PoFA and no keeper liability in the hopes that they'd just drop it entirely, as well as if it would affect the driver's chances of achieving their plea deal of paying a reduced sum. 

So my question is whether it is possible, as the RK, to claim failed PoFA so there is no keeper liability to get the entire thing thrown out before court action. Apologies in advance for any misunderstandings on my end, trying my best to understand all of this as a first timer. 

PS: I have contacted Tesco numerous times in the hopes they'd intervene, all I've got so far is "we can't intervene unless the appeal with Horizon Parking has failed", "have no say over a third party company", etc etc. Following the advice here, I've kept trying and have been passed onto a support team so we'll see where that leads. 

Thanks in advance to any replies.

GootyWooty

I've attached images of the initial PCN and LBC below with redactions:

Coupon-mad

That is POFA compliant.

Just use the template LBC response from either the MSE Guide (see the link at the top of the page) or the LBC reply in post 2 of the NEWBIES FAQS thread.

Either will do.

No adding any questions.

No asking us to check it: spare us please!

All cases are the exact same.

Await the claim form then pounce with the usual special (but tedious, bog standard stuff) Gladstones defence about Chan & Akande, adding a point that the PCN is exaggerated by £10. Gladstones are pretending it is £80 but the signs said £70.

There are several Gladstones / Horizon examples of this on this page 14 here:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-2025-now-let-039-s-see-what-happens/p14