IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.

Gladstones letter before claim - On the verge of giving in

Options
2456

Comments

  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Options
    Not terrifying, honestly, this is a life experience and we see 99% wins.

    No risk if you lose - no CCJ, no credit rating effect, no downside, and you'd pay less than demanded on the claim! Scam over.

    Search the forum to read some of the hundreds of reports of people's hearings that they won. All you need are the keywords:

    another one bites the dust!

    ...put into an ADVANCED search of this forum ONLY, and change the default to show POSTS. Enjoy the reports, and gain confidence.
    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
  • Motocross446
    Motocross446 Posts: 23 Forumite
    First Post First Anniversary
    Options
    Hi all

    Firstly, thank you for your posts above they really did make me feel better!

    Apologies for the delay in response, I have been arguing away with Gladstone's and so far have had one response from them that looked very standard and did not apply to my situation at all, we will see what happens next.

    Anyway, just to keep you updated, I have now had a letter from BW legal for a separate ticket I got, in exactly the same circumstances. I have done my reading and feel confident its the same sort of BS but have you got any tips? There is another case I read about a fobbed entry allocated space case so I'm going to steal bits from that and see what I get in response.

    This letter isn't even an LBC and is just the standard begging letter so is it still worth disputing it at this point?

    Thanks!
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Options
    no , if its a begging letter, IGNORE it


    when their LBC comes it will give 30 days to reply and include financial forms (which you wont be filling in, but that is the time for a typical B W LEGAL rebuttal, same as everyone else)


    my tip ? , use the time wisely to read a lot of B W LEGAL threads, no matter who the PPC is
  • Motocross446
    Motocross446 Posts: 23 Forumite
    First Post First Anniversary
    Options
    Awesome thanks. I will read up and update if anything happens!

    Just out of interest, why ignore anything that isn't an LBC etc? Just to drag it out, give them more to process and possibly take advantage of them forgetting/ giving up? Is there no benefit to getting a defense in early as I can't imagine they just let many go?
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Options
    There is no benefit in replying to a begging letter which is a debt collector stage, not pre-court.

    What you should do, though, is send a SAR by email to the Data Protection Officers of each parking firm, asking for all data held about you/your car, and all photos taken, all case notes and updates, from the date of the alleged parking event on site, through to date, and copies of the PCN (both sides) and the Notice to Keeper if different, and all letters they say they have sent/received and all parties with whom they have shared our data and when and what was sent.

    The above gets you to see their entire hand, before court, and costs nothing.

    DPO email addies should appear on their PPCs' PRIVACY PAGE of their useless websites.
    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
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Options
    as above , be PROACTIVE, not REACTIVE


    get ahead of the game


    arguing with a debt collection agency is futile, they work on a no win , no fee basis, so why would they care about anything you say unless a cheque accompanies it for the full amount they are claiming ? think about it
  • Motocross446
    Motocross446 Posts: 23 Forumite
    First Post First Anniversary
    Options
    Awesome, thank both. SAR sent and I will get reading (in between studying -_-)
  • Motocross446
    Motocross446 Posts: 23 Forumite
    First Post First Anniversary
    Options
    Update:

    Hi all

    So out of the two tickets that I have had from parking and property management I have managed to hold up the gladstone's one by arguing with them (it helps that they took several months to reply) however BW legal have issued a claim against me and I have received it today.

    I understand that I need to send the acknowledgment of service within 14 days and I will get this done saying that I intend to defend all of the claim, which then gives me 28 days from the date of service (26th feb if the 5 days after issue date is based on calendar days rather than business days?) to send my defence.

    I have been reading other defenses and feel I may have shot myself in the foot slightly, I was hoping you could just help me with exactly what my points of defence could be?
    I tried to create an online portal with them that failed and I haven't told them I was the driver at the time, however I have slightly implicated myself in one of my letters by saying that I made the small mistake that was being punished by the £160 charge and referring to my car a lot.
    A lot of the defences I have seen surround not identifying who the driver is and around leasehold rights. I have finally managed to obtain my girlfriends lease and the only references to parking in it state:
    Not to park in any space other than the space allocated to your property. To display any permits required at all times. Failure to do so may be subject to local parking restrictions or fines.
    It does have the usual right to quiet enjoyment.


    The letter before claim that they sent me had completely the wrong address for 'contravention location' and in fact listed what I believe to be another client of theirs and that's how I started my dispute with them but obviously it didn't go far.

    I also noticed on the claim the amount claimed is £163.92, which is the £100 charge, £60 they lump on to it when it goes to BW and then some interest. They then have legal representative's costs of £50 lumped on as well. They have listed the original £60 as contractual costs pursuant PCN terms and conditions but surely this is double counting?


    Apologies I know there's a lot of posts on this forum but if you could help point me in the right direction with this I am willing to put the effort in and I would be very grateful!

    Thanks
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Options
    I have finally managed to obtain my girlfriends lease and the only references to parking in it state:
    Not to park in any space other than the space allocated to your property. To display any permits required at all times. Failure to do so may be subject to local parking restrictions or fines.
    That is BAD. Do not use that lease as evidence, at all.
    The letter before claim that they sent me had completely the wrong address for 'contravention location' and in fact listed what I believe to be another client of theirs and that's how I started my dispute with them but obviously it didn't go far.
    That's good, don't tell them. However, I expect the claim form has the location right?
    I also noticed on the claim the amount claimed is £163.92, which is the £100 charge, £60 they lump on to it when it goes to BW and then some interest. They then have legal representative's costs of £50 lumped on as well. They have listed the original £60 as contractual costs pursuant PCN terms and conditions but surely this is double counting?
    Yes and this is fully covered in standard defence points like here in this poster's points #7 to #11:

    https://forums.moneysavingexpert.com/showthread.php?p=75491274#post75491274

    HTH
    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
  • KeithP
    KeithP Posts: 37,650 Forumite
    Name Dropper First Post First Anniversary
    Options
    What is the Issue Date on your Claim Form?

    Is it from the County Court Business Centre in Northampton, or from somewhere else?
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards