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SIP parking fine passed to Gladstones

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Comments

  • Willow229
    Willow229 Posts: 28 Forumite
    Shall I state I did have a ticket or just send a template of the letter in the newbie thread?
  • Umkomaas
    Umkomaas Posts: 41,256
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    Willow229 wrote: »
    Shall I state I did have a ticket or just send a template of the letter in the newbie thread?

    All too late.

    Look in post #2 of the sticky where there's a link to a reply from PePiPoo regular contributor 'Gan'. Adapt that.

    Make sure the identity of the driver is not revealed.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Willow229
    Willow229 Posts: 28 Forumite
    @Umkomaas Many thanks, your advice is greatly appreciated.
  • Update to my query
    I followed the advice and sent a letter to Gladstones adapted from the PePiPoo sticky.

    Today I have received a reply from Gladstones, it's on letter headed paper and addresses each point of the letter I have sent. I states if I don't pay within 14 days of the letter date, a claim will be issued a further costs will be incurred.

    The letter I sent to them was the last week of July so it's taken then nearly 2 months to reply to my letter. They also include a paragraph "the recent decision of the Supreme Court also make it clear that the charges are not penal nor do they have to be reflective of the parking operator's loss".

    They have included pictures of my car also in the reply.

    I am looking for advice on how to proceed.

    Many thanks in advance
  • Quentin
    Quentin Posts: 40,405 Forumite
    Advice on dealing with a court claim and the process is set out in the newbies faq thread near the top of the forum


    Looks like they won't issue the claim this month which means they must stick to new rules that come in October - lets see if they stick to them
  • I posted my letter to them 19th July

    In response to my letter they do not state if the claim is for breach of contract or trespass however they address each point with references to previous court cases.

    In my letter I have asked them to confirm if they have permission to take legal action form the land owner they reply "As the contract is between you and my client, my client does have the authority to enforce parking charges. Both VCS v HM Revenues & Customs (2013) and Parking Eye v Beavis (CA 2015) made it clear that a contracting party need not show they have the right to do what they have promised in the performance of any contract (in the case of a parking operator) the agreement between the operator and landowner of any relevance. In any event, and without concession, my client did have the authority from the landowner to operate on the land"
  • Do I need to reply to this letter or just await court papers?
  • Quentin
    Quentin Posts: 40,405 Forumite
    Does the letter date + 14 days take you into October?


    If not try another exchange to try and get the mcol postponed till October
  • Yes, it's 14 days from letter dated 20th Sept
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    The rules change on 1st October when issuing a claim becomes far more tiresome, so keep the ball in play..


    https://www.justice.gov.uk/courts/procedure-rules/civila
    You never know how far you can go until you go too far.
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