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Resident Parking

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  • markudman
    markudman Posts: 351 Forumite
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    KeithP wrote: »
    Your first link doesn't work.

    There is no Annex A in the Practice Direction and it hasn't been there for several years.

    I would be using Dear Sirs rather than To Whom It May Concern.

    Many thanks for your reply, is the template in Newbies out of date?
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • markudman
    markudman Posts: 351 Forumite
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    edited 11 April 2018 at 8:25AM
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    UpDated

    Trace Debt Recovery UK
    Dear Sirs,
    PCN:
    I refer to your letter of
    , and earlier correspondence.

    Firstly, I have no intention of paying the money demanded by your client, and any court proceedings will be vigorously defended.

    Second, should it be your client's intention to start court proceedings, they must provide a Letter Before Claim which complies with the requirements of the Practice Direction on Pre-action Conduct:

    Thirdly, You need to comply with the PAP on debt claims, not least with respect to the deadline needing to be 30 days

    https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

    Please also note that a failure and/or refusal to comply with the Practice Direction will result in a complaint being made to the court and an application for a stay of the action and costs pursuant to the provisions of paragraph 4 of the Practice Direction on non-compliance and sanctions.

    In the meantime, you should note that this charge is disputed, and you must now refer this matter back to your client and cease and desist all further contact with me. Failure to do so will result in a complaint to the Credit Services Association.

    I trust that I have made myself clear.

    Yours faithfully
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • markudman
    markudman Posts: 351 Forumite
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    edited 11 April 2018 at 8:30AM
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    Gladstones Solicitors Limited

    Dear Sirs,
    PCN:
    I refer to your letter of
    , and earlier correspondence.

    Firstly, I have no intention of paying the money demanded by your client, and any court proceedings will be vigorously defended.

    Second, should it be your client's intention to start court proceedings, they must provide a Letter Before Claim which complies with the requirements of the Practice Direction on Pre-action Conduct:
    Thirdly, You need them to comply with the PAP on debt claims, not least with respect to the deadline needing to be 30 days

    https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

    Please also note that a failure and/or refusal to comply with the Practice Direction will result in a complaint being made to the court and an application for a stay of the action and costs pursuant to the provisions of paragraph 4 of the Practice Direction on non-compliance and sanctions.

    I trust that I have made myself clear.

    Yours faithfully
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    Have you complained to the SRA about Gladstones, if not, perhaps you should. An MP has already done so ln connection with their complicity in these scams. It is time these firms behaved like proper solicitors.
    You never know how far you can go until you go too far.
  • markudman
    markudman Posts: 351 Forumite
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    The_Deep wrote: »
    Have you complained to the SRA about Gladstones, if not, perhaps you should. An MP has already done so ln connection with their complicity in these scams. It is time these firms behaved like proper solicitors.

    Yes this was the reply

    03 January 2018
    Dear Mr
    Your report about Gladstones Solicitors Limited
    Thank you for your email dated 20 December 2017.
    From the information you sent us, we understand you are concerned about parking hearings dealt with by the above firm. You say that Will Hurley and John Davies at the firm also run the International Parking Community and an appeals service. You believe they have set themselves up as “judge, jury and executioner”.

    What we have done

    We received a number of reports about the way Gladstones Solicitors Limited were dealing with the recovery of debts. We have carried out an investigation into whether these debts were legitimately owed. We also considered whether the firm’s practices were taking unfair advantage of those people who the firm deal with.

    Some reports have highlighted a conflict of interest in that employees of Gladstones are also
    Directors of the independent appeals committee for those willing to appeal their car parking debts.

    The firm have confirmed that whenever an appeal is/was lodged in relation to a debt being pursued by Gladstones, they would not adjudicate on this. Therefore, not entering into a conflicted situation.

    We have spoken to the firm on a number of occasions about its practices. We have also requested various documents, including copies of letters sent by the firm and the car parking company regarding the recovery of car parking charges.

    Our decision

    We have decided to take no disciplinary or regulatory action.
    We are satisfied that the firm is acting on its client’s (car parking company) instructions.
    The firm is instructed on legitimate claims where the car parking companies have been unsuccessful in recovering parking charges after a number of attempts.
    When a case is subject to investigation, we will, if appropriate, seek to engage constructively with the firm to achieve compliance. In instances where there is an open, co-operative and constructive approach, we may decide to take no formal action.
    Our engagement has resulted in the firm asking its client to add further information to its letters to make details such as legal fees more transparent to the public.
    We are satisfied the firm are committed to working within the requirements of our Code of Conduct.
    Your report, and details of our investigation work will be retained on our records and can be revisited should we have cause to do so. Thank you for taking the time to contact us. Yours sincerely,
    Assessment Team
    Solicitors Regulation Authority
    Enc: Information Sheet - Making a complaint to the SRA - What you need to know
    Direct line 0121 329 6824
    Direct fax 0121 616 1299
    report@sra.org.uk
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • Castle
    Castle Posts: 4,198 Forumite
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    markudman wrote: »

    The firm have confirmed that whenever an appeal is/was lodged in relation to a debt being pursued by Gladstones, they would not adjudicate on this. Therefore, not entering into a conflicted situation.
    But the Director(s) of Gladstones run the IPC/IAS and simply change "hats" to adjudicate.
  • markudman
    markudman Posts: 351 Forumite
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    Castle wrote: »
    But the Director(s) of Gladstones run the IPC/IAS and simply change "hats" to adjudicate.
    I think it's auto-respond reject, reject if the SRA will not do anything about them who can?
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • Castle
    Castle Posts: 4,198 Forumite
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    markudman wrote: »
    I think it's auto-respond reject, reject if the SRA will not do anything about them who can?
    Maybe you'll need to ask a different question, such as:-
    Do any of the solicitors of Gladstones have any involvement in the IAS process?

    (i.e:-Make your complaint about the solicitors individually rather than the firm.)
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    We have spoken to the firm on a number of occasions about its practices. We have also requested various documents, including copies of letters sent by the firm and the car parking company regarding the recovery of car parking charges.

    They have spoken to the firm before ?????

    Does that not ring an alarm bell in the heads of the SRA ???

    The SRA are burying their heads in the sand about this
    mega Gladstones scam

    Should we trust any solicitor who belongs to the SRA,
    seems not
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    I wonder if this was written before the MP complained.
    You never know how far you can go until you go too far.
This discussion has been closed.
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