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Help for reply to LBC where they've done a drawing!

Hello again,

I'm being bombarded with PCN's and for at least 2 of them they have sent a drawing of where the vehicle is alleged to have parked. The land owner drives round and takes photos of vehicles and sends them off to his PPC, but when we have had a photo it's just one - no proof of a period. But sometimes he sends the registration in and then does a drawing using a computer.

We've now had an LBC for three charges, 2 of which the RK has said the vehicles were in my care but not who was driving.

If Gladstones haven't even got the intelligence to realise a drawing won't do how can we assume they'll read a reply to an LBC?

I'd really appreciate a voice of reason or any glimmer of light on this please.
Many thanks.
«13456

Comments

  • Redx
    Redx Posts: 38,084
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    edited 9 May 2018 at 4:07PM
    even if they fail to read any LBC, you must still issue a written LBC rebuttal to show any judge that you have done so and provide copies of it

    no point second guessing what a claimant or their solicitor will or wont do

    all you can do is keep batting your end , following the correct process, even if the opposition park the bus
  • nosferatu1001
    nosferatu1001 Posts: 12,961
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    WOuld be good to know the PPC, and exactly what is alleged.
  • Ralph-y
    Ralph-y Posts: 4,563
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    and if you are still parking there ...? :o


    Ralph:cool:
  • QuackNuts
    QuackNuts Posts: 44 Forumite
    We're in the middle of an industrial estate so we have access and after 30 odd years without us having any hassle, the company who owns the access claims that we're trespassing. The company that owns the access changed hands about 11 years ago. A couple of years ago he used FlashPark but because it's 'disputed land' as FlashPark called it at the time it all went away with a phone call. He's now using District Enforcement has another harassment tool. On the PCN they are claiming, 'Not parked wholly within a marked bay, Parked on solid lines' and 'Unauthorised parking'. We don't park on his land we just have to manoeuvre across it.
  • Coupon-mad
    Coupon-mad Posts: 130,624
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    You could not make this up! DRAWINGS! :rotfl::rotfl:

    Why not send your own drawing back, of you sitting in your chair with your money firmly in your pocket and your laptop showing MSE on the screen?! This is hilarious!

    So which proud scumbag PPC idiots are using 'drawings' as evidence, DE?
    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
  • QuackNuts
    QuackNuts Posts: 44 Forumite
    Sorry for the late reply, I will check I have opted for alerts on here.

    Yes, it is DE. It's diabolical. Unfortunately it is suspected that the land owner is worse than DE!! :( but that's a whole different can of worms but back to business - the LBC from Gladrags has reference which starts with a 1 (so I understand it is them not somebody else) and is for 3 PCNs for 3 different vehicles. One of the vehicles is ours. Two of the vehicles were in our care at the time of the PCN, the keeper of these 2 vehicles told DE this but did not name a driver. DE have taken it upon themselves to claim one of our directors was the driver.

    So this is my response to the LBC for the 3 vehicles:
    Dear Sirs,

    Thank you for your Letter Before Claim of 03/05/18 which we received on 09/05/18.

    Since proceedings have not yet been issued, the new protocol that is applicable to debt claims clearly applies and must be complied with.

    Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon.

    Your letter lacks specificity. Please treat this letter as a formal request for all of the documents / information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.

    We require your client to comply with its obligations by sending us the following information/documents:

    1. photographic evidence of alleged period of parking showing parking signs
    2. an explanation of the cause of action
    3. whether they are pursuing us as driver or keeper
    4. whether they are relying on the provisions of Schedule 4 of POFA 2012
    5. what the details of the claim are (where it is claimed the car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed)
    6. a copy of the contract with the landowner under which they assert authority to bring the claim
    7. a copy of any alleged contract with the driver
    8. a plan showing where any signs were displayed
    9. details of the signs displayed (size of sign, size of font, height at which displayed)
    10.provide details of the original charge, if they have added anything on to the original charge, what that represents and how it has been calculated.

    Yours sincerely,
    [Company name]

    I'm not familiar with the cases stated on loadsochildrens letter from the Newbies thread so have left them off, by now they are probably fully aware of them from others.

    What do you think? it's much appreciated,
  • QuackNuts
    QuackNuts Posts: 44 Forumite
    Meant to let you know, for the 3 PCN's on this LBC; we received one blurry black and white photo for one vehicle, one blurry black and white photo and a drawing for the second and nothing for the third.
  • beamerguy
    beamerguy Posts: 17,587
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    QuackNuts wrote: »
    Meant to let you know, for the 3 PCN's on this LBC; we received one blurry black and white photo for one vehicle, one blurry black and white photo and a drawing for the second and nothing for the third.

    Clearly this is a case of Gladstones finally being on the road
    for committal

    What a stupid company ????
  • Coupon-mad
    Coupon-mad Posts: 130,624
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    Yes send that. DE cases get worse, and using Gladstones doesn't help them!
    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
  • Guys_Dad
    Guys_Dad Posts: 11,025
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    beamerguy wrote: »
    Clearly this is a case of Gladstones finally being on the road
    for committal

    What a stupid company ????

    A stupid company that rakes in a fee win or lose. :rotfl:
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