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MET parking charge/gladstone solicitors

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  • Coupon-madCoupon-mad Forumite
    87.9K posts
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    No because it's not an appeal. You should find a robust template in Daisy's LBCCC thread which responds and tells them this isn't a compliant LBCCC. You could also appeal to MET at the same time. WRITE ONLY AS THE REGISTERED KEEPER, NOT SAYING IN ANY COMMS WHO WAS DRIVING.

    MET are not known to be very litigious.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • bazsterbazster Forumite
    7.4K posts
    Well if you are going to respond make sure you respond directly to Gladstone's and not Poxburghe. Always good to write to a named person, but since Gladstone's have not been kind enough to name a contact (and how could they? - they don't even know about this letter from Poxburghe - yet!), you'll have to write to the directors!

    John Gladstone Davies
    William Hurley

    What's quite funny about this is that these fools are letting Poxburghe use their name but now they are going to get a stroppy letter pointing out their own failings and hinting at referral to the Solicitors Regulation Authority. As such they, Gladstone's, will have to deal with it. I bet they will not be impressed, but it serves them right for letting pond life like Poxburghe use their letterhead.
    Je suis Charlie.
  • edited 18 February 2014 at 7:42PM
    mnkutmnkut Forumite
    104 posts
    edited 18 February 2014 at 7:42PM
    Coupon-mad wrote: »
    No because it's not an appeal. You should find a robust template in Daisy's LBCCC thread which responds and tells them this isn't a compliant LBCCC. You could also appeal to MET at the same time. WRITE ONLY AS THE REGISTERED KEEPER, NOT SAYING IN ANY COMMS WHO WAS DRIVING.

    MET are not known to be very litigious.

    Thank you for all your help :j

    this is the template I will be sending to gladstones (from Daisy)

    "Dear Sir or Madam

    MET Parking Ltd v xxxx
    Proposed Legal Proceedings


    Thank you for your letter of 7th February 2014.

    First, the alleged debt is disputed and any court proceedings will be vigorously defended.

    Secondly, despite the wholly inaccurate statement that the letter is 'fully compliant with the Practice Direction' it is in fact woefully defective and appears to be a deliberate attempt to mislead the recipient.
    ...."

    I would also like to send a formal appeal to MET as you suggested

    Requesting a popla code, as from what I've read it's not necessarily too late?

    "It is not in fact true that the PPC CANNOT give you a POPLA code after the 28 days, what IS true is that the PPC has chosen not to use the appropriate form of ADR set up by the parking industry, and it SUITS them to stick to their OWN self imposed 28 day deadline."

    Where can I find a template of this?

    *to elaborate on my parking situation*
    parked in a visitors bay in a housing estate which also has permit holder bays
    apparently the rules have changed and visitor bays are no longer visitor bays without permit
    MET has put signage up for this(only 1) however there is also still old signage from the previous company that managed this area, stating visitors can park for up to 48 hours etc (pic above)
  • StromaStroma Forumite
    8K posts
    Uniform Washer
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    You shouldn't use abbreviations in this at all, lose the PPC and ADR and use the company name and the full wording. But you need to read Daisy's thread again as what you are sending is not near enough.
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • mnkutmnkut Forumite
    104 posts
    Stroma wrote: »
    You shouldn't use abbreviations in this at all, lose the PPC and ADR and use the company name and the full wording. But you need to read Daisy's thread again as what you are sending is not near enough.

    That's not the complete letter, it is just a quote from the template.

    Also the second quote is from Daisy thread where she says its not to late to request a POPLA... not part of my letter...
  • Coupon-madCoupon-mad Forumite
    87.9K posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
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    You could use/adapt some of the letter I linked towards the end of Daisy's thread, which I used to shove ParkingEye into a corner so they then sent the person a POPLA code. It's in a post from me on Daisy's thread, with a link, and has some robust wording you can steal!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • edited 19 February 2014 at 3:04PM
    zzzLazyDaisyzzzLazyDaisy Forumite
    12.5K posts
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    edited 19 February 2014 at 3:04PM
    The letter from Gladstones is not an LBC, it is a debt collectors letter. However, I would not ignore it as they are genuine solicitors (albeit the letter is a computer generated letter from their debt collection department) so court proceedings are likely to follow at some point.

    In your shoes, I would write to the solicitors along the following lines (with thanks to C-M for her input):


    [Name & Address]

    [Date]

    [Insert their reference number: xxxx ]

    Dear sirs

    Your client: [name of PPC]

    Parking Charge Number xxxxx



    I refer to your letter of [insert date].

    Please note, this is an open letter and I reserve the right to produce it to the court at the appropriate time, should the need arise.

    Firstly, I do not accept liability for the above parking charge and I have no intention of paying the money demanded by your client. Specifically, I do not accept that the charge demanded is in any way shape or form a genuine pre-estimate of loss. Further, I do not believe that your client has legal standing to pursue an action against me in its own name, since any loss (which is denied) would be the landholder's in any event. I am sure that you will have advised your client as to the recent cases in which parking companies have had similar claims dismissed owing to having no locus to bring a claim. For the above reasons, any court proceedings in connection with this matter will be vigorously defended.

    Second, should it be your client's intention to start court proceedings, you must first provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct. Your letter clearly does not meet those requirements.

    In particularly your attention is drawn to the Practice Direction requirement to utilise an appropriate form of ADR before starting court proceedings. In the circumstances I invite your client to refer this dispute to the Parking On Private Land appeals service ("POPLA"), which is the appropriate form of ADR set up by the parking industry for this precise situation.

    Please note: Notwithstanding the fact that any decision of POPLA is legally binding on the parking company, and not the motorist, in the spirit of exploring an amicable resolution of this dispute, I am willing to give an undertaking to be bound by the decision of POPLA, thus ensuring that this case will not proceed to court.

    A referral to POPLA will avoid your client incurring the fees and expenses set out in your letter, and perhaps more importantly will reduce the burden on the court (which, as you will be aware, is the reason for this Direction). Please do not seek to rely on any deadlines imposed by your client as POPLA has confirmed that it does not impose any time limit on an appeal to POPLA, and all that is required is for your client to issue a POPLA code.

    I would also remind you that a failure and/or refusal by your client to agree to my offer of both parties abiding by a POPLA decision would be clear evidence of your client's failure to mitigate its alleged loss.

    Should your client reject my offer to refer this dispute to ADR and instead chooses to instruct you to issue court proceedings, I shall invite the court to stay the case and make an order referring the case to POPLA. Further I shall strenuously resist any application for costs that your client may wish to make, owing to its failure to mitigate, and shall instead make an application for my own wasted costs according to the provisions of Schedule 4 of the Practice Direction and CPR 27.14.

    In the meantime, and in the absence of a compliant Letter Before Claim, you should place a note on your file to the effect that this charge is disputed and your firm is required to cease and desist all further contact with me. For the avoidance of doubt, the same applies to the debt collection agency, referred to in your letter.

    Finally, please also note that should your firm issue court proceedings on behalf of your client, without first complying with all steps set out in the Practice Direction on pre-action conduct, I shall make an immediate complaint to the Solicitors Regulation Authority for breach of the Principles contained in the SRA Handbook version 8, published on 1st October 2013.

    I trust that I have made myself clear, and I suggest that you take your client's further instructions.

    Yours faithfully

    PRINT NAME
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • bod1467bod1467
    15.2K posts
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    Some very minor grammatical issues (e.g. Your letter of [?] clearly does not meet those requirements, and proceed instead to instruct you to issue court proceedings court) but otherwise very impressive. :)
  • zzzLazyDaisyzzzLazyDaisy Forumite
    12.5K posts
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    Thanks for proof readingBod - corrections duly made :D
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • mnkutmnkut Forumite
    104 posts
    The letter from Gladstones is not an LBC, it is a debt collectors letter. However, I would not ignore it as they are genuine solicitors (albeit the letter is a computer generated letter from their debt collection department) so court proceedings are likely to follow at some point.

    In your shoes, I would write to the solicitors along the following lines (with thanks to C-M for her input):


    [Name & Address]

    [Date]

    [Insert their reference number: xxxx ]

    Dear sirs

    Your client: [name of PPC]

    Parking Charge Number xxxxx



    I refer to your letter of [insert date].

    Please note, this is an open letter and I reserve the right to produce it to the court at the appropriate time, should the need arise.

    Firstly, I do not accept liability for the above parking charge and I have no intention of paying the money demanded by your client. Specifically, I do not accept that the charge demanded is in any way shape or form a genuine pre-estimate of loss. Further, I do not believe that your client has legal standing to pursue an action against me in its own name, since any loss (which is denied) would be the landholder's in any event. I am sure that you will have advised your client as to the recent cases in which parking companies have had similar claims dismissed owing to having no locus to bring a claim. For the above reasons, any court proceedings in connection with this matter will be vigorously defended.

    Second, should it be your client's intention to start court proceedings, you must first provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct. Your letter clearly does not meet those requirements.

    In particularly your attention is drawn to the Practice Direction requirement to utilise an appropriate form of ADR before starting court proceedings. In the circumstances I invite your client to refer this dispute to the Parking On Private Land appeals service ("POPLA"), which is the appropriate form of ADR set up by the parking industry for this precise situation.

    Please note: Notwithstanding the fact that any decision of POPLA is legally binding on the parking company, and not the motorist, in the spirit of exploring an amicable resolution of this dispute, I am willing to give an undertaking to be bound by the decision of POPLA, thus ensuring that this case will not proceed to court.

    A referral to POPLA will avoid your client incurring the fees and expenses set out in your letter, and perhaps more importantly will reduce the burden on the court (which, as you will be aware, is the reason for this Direction). Please do not seek to rely on any deadlines imposed by your client as POPLA has confirmed that it does not impose any time limit on an appeal to POPLA, and all that is required is for your client to issue a POPLA code.

    I would also remind you that a failure and/or refusal by your client to agree to my offer of both parties abiding by a POPLA decision would be clear evidence of your client's failure to mitigate its alleged loss.

    Should your client reject my offer to refer this dispute to ADR and instead chooses to instruct you to issue court proceedings, I shall invite the court to stay the case and make an order referring the case to POPLA. Further I shall strenuously resist any application for costs that your client may wish to make, owing to its failure to mitigate, and shall instead make an application for my own wasted costs according to the provisions of Schedule 4 of the Practice Direction and CPR 27.14.

    In the meantime, and in the absence of a compliant Letter Before Claim, you should place a note on your file to the effect that this charge is disputed and your firm is required to cease and desist all further contact with me. For the avoidance of doubt, the same applies to the debt collection agency, referred to in your letter.

    Finally, please also note that should your firm issue court proceedings on behalf of your client, without first complying with all steps set out in the Practice Direction on pre-action conduct, I shall make an immediate complaint to the Solicitors Regulation Authority for breach of the Principles contained in the SRA Handbook version 8, published on 1st October 2013.

    I trust that I have made myself clear, and I suggest that you take your client's further instructions.

    Yours faithfully

    PRINT NAME

    Wow thank you so much Daisy, this is very much appreciated.:)

    I can't explain how helpful you all have been in educating me and putting my mind at ease:j
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