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Do I have a case or shall I just pay it? Galdstone letter

2456718

Comments

  • Coupon-mad
    Coupon-mad Posts: 131,448 Forumite
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    Oops, was replying to several at once and that wasn't something you posted! Ignore that.
    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
  • would it be ok if I copy here the LBC I have recived any my attempt to reply to it - for your comments?
  • Half_way
    Half_way Posts: 7,047 Forumite
    First Anniversary Name Dropper First Post
    Take out any personal identifying details.
    Have you complained to the car park owner?
    Who's car park was it that your were parked in?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • imgur. com/a/4K8eq - this is my LBC letter (remove the space before "com"
    Have you complained to the car park owner?
    I did sent a letter to car park owner (not landlord - not sure who that is) - but I received a letter back saying its too late to appeal.
    Who's car park was it that your were parked in?
    Its SiP
  • I am writing to acknowledge receipt of the following letter –

    Letter Before Claim dated ……
    Ref#.......

    After careful reading and understanding your letter I have to inform you that your letter in not in compliance with the Practice Direction. It comes to me as a surprise as you have refer me to this document yourself yet failed to comply with it.

    I have to admit I find this letter very threatening, demanding money and threatening court action rather than explaining what it is. The fact that you have missed a lot of information required by the Practice Direction could be easily taken as a scam.

    With this in mind, I would like to request that you send me a new letter that is fully compliant with the Practice Direction. I have attached an extract below which deals with the requirements for a claimants letter before claim.

    2.1 The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include –
    (1) the claimant’s full name and address;
    (2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable);
    (3) a clear summary of the facts on which the claim is based;
    (4) what the claimant wants from the defendant;
    (5) if financial loss is claimed, an explanation of how the amount has been calculated; and (6) details of any funding arrangement (within the meaning of rule 43.2(1)(k) of the CPR) that has been entered into by the claimant.
    2.2 The letter should also –
    1) list the essential documents on which the claimant intends to rely;
    (2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;
    (3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and
    (4) identify and ask for copies of any relevant documents not in the claimant’s possession and which the claimant wishes to see.

    From Para 4 of the PD I can see that the court has the power to apply sanctions for non compliance with the Practice Direction and so I expect to receive a fully compliant letter within the next 14 days. If I do not receive this letter I will seek assistance from the court myself.

    Please treat this letter seriously. If I receive a generic, template letter which again would say to me that this is a scam, then I will forward this matter to the Solicitors Regulation Authority and ask them to investigate your company over the breach of the principles set out in the SRA handbook version 8.

    This is the letter I will be sending back
  • Coupon-mad
    Coupon-mad Posts: 131,448 Forumite
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    edited 29 September 2016 at 9:44PM
    LBC:

    http://imgur.com/a/4K8eq

    Gladstones are alleging, as usual, that a PCN (that cannot exceed £100) has led to a debt of £150! A registered keeper can only be pursued for the sum on any postal NOtice to Keeper they sent out (and only then if it complied with the POFA Schedule4).
    I used Pay by the Phone app (use it ever day at work) but for some reason the payment on that day hasn't gone through. When I realized (as no conformation email sent) I payed for the whole day parking again straight away. Unfortunately this was over 40min after I already got the ticket.
    You certainly have a case.

    I would be asking Gladstones to explain the £50 and show you photos of the signs/car and terms.

    I'd guess that the signs did not stipulate a time of day by which you had to make payment? i.e. nothing to say you could not Pay by Phone during the timeframe the car was parked, before driving out?

    I'd also guess that the signs created no extra £50 liability and that the £100 was hidden in small print?
    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
  • I believe SiP original claim was £150...
    I will check that when I get home.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 29 September 2016 at 4:45PM
    This firm of solicitors are currently being investigated by their regulatory body for allegedly attempting to obtain monies for which they have no entitlement, fraud?

    Complain about this extra £50 to Duncan Allen here

    http://www.sra.org.uk/consumers/problems/report-solicitor.page
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 131,448 Forumite
    Name Dropper First Post Photogenic First Anniversary
    hopsfield wrote: »
    I believe SiP original claim was £150...
    I will check that when I get home.

    Can't have been... :)
    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
  • You are right just checked the photo of the sign at the car park and it says £100...
    http://imgur.com/a/iYEwY
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