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  • FIRST POST
    • Loda
    • By Loda 15th Apr 19, 2:51 AM
    • 4Posts
    • 2Thanks
    Loda
    LBC - Gladstones/UKPS
    • #1
    • 15th Apr 19, 2:51 AM
    LBC - Gladstones/UKPS 15th Apr 19 at 2:51 AM
    Hi,
    We've received a Letter Before Action this week from Gladstones, working for UKPS Ltd. This is the 9th/10th letter after 9 months of threats/demands. We hadn't previously responded. I didn't find this website until the debt collector stage and duly followed the guidance of ignoring those letters but unfortunately didn't appeal so we've not make any contact yet.

    As a new user I can't upload pics but the letter clearly states 'Letter before Claim' and the ref is formatted as 1#####.####. According to another user I read on a forum this indicates it's a legit LBC.

    I've read in particular the 2nd post in the sticky re. LBCs although I'm still working my way through the attached links there (about halfway through). So apologies for not completely familiarising myself with this process but the reading is a bit heavy going (especially all these acronyms).

    I expect this to progress further so initially I guess I just wanted to give a bit of background and create somewhere here to chronicle it and give myself a place to ask any more pertinent questions in future. I'm expecting the defence and witness statements are going to be the most taxing...

    My only real question(s) at this stage is am I correct in thinking that the SAR request to UKPS should be my starting point from where I am now, accompanied by a request to Gladstones to delay proceedings (which they'll likely reject)? - I have these letters ready to be sent thanks to the template link provided here.

    I've seen some people on this forum and another talk about referring to Beavis & another older case beginning with 'O' which I forget now, seemingly in response to the LBC but is this appropriate here or is the SAR sufficient for now?


    FYI - we over-stayed our ticket by 10mins exactly within one of their car-parks (by a library) and that's the crux of our problems here but I've seen a few defences so far and feel I can draft a more elaborate defence thanks to the help here, especially re. grace periods. I take it that's needed further down the line though...

    Thanks
    Last edited by Loda; 15-04-2019 at 11:13 AM.
Page 1
    • rachity
    • By rachity 15th Apr 19, 6:22 AM
    • 88 Posts
    • 42 Thanks
    rachity
    • #2
    • 15th Apr 19, 6:22 AM
    • #2
    • 15th Apr 19, 6:22 AM


    FYI - we over-stayed our ticket by 10mins exactly within one of their car-parks (by a library) and that's the crux of our problems here but I've seen a few defences so far and feel I can draft a more elaborate defence thanks to the help here, especially re. grace periods. I take it that's needed further down the line though...
    Originally posted by Loda

    Download IPC Code of Practice


    See grace periods
    Last edited by rachity; 15-04-2019 at 12:10 PM.
    CAVEAT LECTOR
    • Quentin
    • By Quentin 15th Apr 19, 8:11 AM
    • 38,619 Posts
    • 22,563 Thanks
    Quentin
    • #3
    • 15th Apr 19, 8:11 AM
    • #3
    • 15th Apr 19, 8:11 AM
    Acronym meanings are set out in #5 of the FAQ

    If you come across any not explained there then Google

    If you have used your real name in your post then edit it out.

    The ppcs monitor this forum and can use posts in your thread against you
    • Umkomaas
    • By Umkomaas 15th Apr 19, 8:52 AM
    • 23,009 Posts
    • 36,547 Thanks
    Umkomaas
    • #4
    • 15th Apr 19, 8:52 AM
    • #4
    • 15th Apr 19, 8:52 AM
    Download BPA Code of Practice.


    See 13.4....grace periods
    Originally posted by rachity
    UKPS are IPC operators. @ OP - check out the IPC Code of Practice.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • Le_Kirk
    • By Le_Kirk 15th Apr 19, 8:56 AM
    • 4,601 Posts
    • 3,963 Thanks
    Le_Kirk
    • #5
    • 15th Apr 19, 8:56 AM
    • #5
    • 15th Apr 19, 8:56 AM
    As a new user I can't upload pics but the letter clearly states 'Letter before Claim' and the ref is formatted as 1#####.####. According to another user I read on a forum this indicates it's a legit LBC.
    Originally posted by Loda
    Other factors determine if it is a genuine LBC, such as; did they give you 30 days to respond; did they include financial forms (which of course you do not fill in) and did they include the POC, with all the evidence they are going to rely on if/when it goes to court?
    • Quentin
    • By Quentin 15th Apr 19, 9:46 AM
    • 38,619 Posts
    • 22,563 Thanks
    Quentin
    • #6
    • 15th Apr 19, 9:46 AM
    • #6
    • 15th Apr 19, 9:46 AM
    Kk
    Download BPA Code of Practice.


    See 13.4....grace periods
    Originally posted by rachity
    See Poster's Sig

    Caveat Lector = READER BEWARE

    (BPA COP is irrelevant when dealing with an IPC member company)
    • rachity
    • By rachity 15th Apr 19, 9:48 AM
    • 88 Posts
    • 42 Thanks
    rachity
    • #7
    • 15th Apr 19, 9:48 AM
    • #7
    • 15th Apr 19, 9:48 AM
    UKPS are IPC operators. @ OP - check out the IPC Code of Practice.
    Originally posted by Umkomaas

    Cheers for the fix, Umkomaas.
    https://theipc.info/downloads
    CAVEAT LECTOR
    • The Deep
    • By The Deep 15th Apr 19, 10:07 AM
    • 12,628 Posts
    • 12,845 Thanks
    The Deep
    • #8
    • 15th Apr 19, 10:07 AM
    • #8
    • 15th Apr 19, 10:07 AM
    Ten minutes is well within the grace periods to find a parking space, queue to pay, read their voluminous T&C, and queue to leave , they are trying to scam you. IMO, if the were daft enough to take this to court they would crash and burn.

    If they have sent you 9/19 threatening letters, consider a counter claim for harassment, and get your MP on side, they are drawing up a new regulations to control these scammers.

    On 15th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

    Until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    You never know how far you can go until you go too far.
    • Loda
    • By Loda 15th Apr 19, 11:44 AM
    • 4 Posts
    • 2 Thanks
    Loda
    • #9
    • 15th Apr 19, 11:44 AM
    • #9
    • 15th Apr 19, 11:44 AM
    Thanks everyone, there's a few things there I'll try and address concisely/update on:

    Quentin, Rachity & Umkomass - Thanks for the clarification and I did wonder if the operators checked these types of forums, it's ok the ticket's not in my name but I've followed your advice.

    I was already sitting on the IPC link which I can't post again (grace periods 15.2) but good to know I'm on the right lines.


    Le_Kirk - yes to the 30 day period to pay, no to the form to pay. In terms of the POC part (which I had to look up and I'm still not confident I really know what that is (POC = Particulars of Claim (the short paragraph on the left middle of a claim form, with very sparse facts)). There isn't really anything about the case just an opportunity to state if we think we shouldn't be charged. It does say they have been instructed to take legal action against us and any replies out of the 30 day period may not be consider due to legal proceedings being commenced. It is clearly titled LETTER BEFORE CLAIM in caps at the top but I'm none the wiser now to be totally honest...


    The Deep - Thanks, I will write to my MP. In terms of counter claims would I think about doing that straight away? I've seen links in the 2nd post of the FAQs re. this, is that a good place to start in terms of educating myself?


    I'll get those SAR letters posted today.
    Last edited by Loda; 15-04-2019 at 11:47 AM.
    • rachity
    • By rachity 15th Apr 19, 11:57 AM
    • 88 Posts
    • 42 Thanks
    rachity
    Apologies over the misstated AOS membership (IPC, not BPA).


    There are so many UKsummatorothers that it gets a bit confusing!


    (That & the fact that they're a bit stingy with the meds in here!)
    CAVEAT LECTOR
    • Loda
    • By Loda 15th Apr 19, 12:03 PM
    • 4 Posts
    • 2 Thanks
    Loda
    No worries I appreciate the engagement and as I say I already did a bit of digging on grace periods prior.. No harm done - if there was any doubt I would have likely got both anyway.
    Last edited by Loda; 15-04-2019 at 12:06 PM.
    • Quentin
    • By Quentin 15th Apr 19, 12:04 PM
    • 38,619 Posts
    • 22,563 Thanks
    Quentin
    Apologies over the misstated AOS membership (IPC, not BPA).......
    Originally posted by rachity
    Why not edit and correct your incorrect (though authoritative!) post or delete it?

    Any mistaken advice posted authoritatively is dangerous
    • Coupon-mad
    • By Coupon-mad 15th Apr 19, 12:09 PM
    • 70,217 Posts
    • 82,801 Thanks
    Coupon-mad
    I am concerned about some of the *advice* given, too.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • rachity
    • By rachity 15th Apr 19, 12:11 PM
    • 88 Posts
    • 42 Thanks
    rachity
    Why not edit and correct your incorrect (though authoritative!) post or delete it?

    Any mistaken advice posted authoritatively is dangerous
    Originally posted by Quentin

    Cheers, Quentin.

    Done
    CAVEAT LECTOR
    • Quentin
    • By Quentin 15th Apr 19, 12:13 PM
    • 38,619 Posts
    • 22,563 Thanks
    Quentin
    I am concerned about some of the *advice* given, too.
    Originally posted by Coupon-mad
    Antennas twitching
    • rachity
    • By rachity 15th Apr 19, 12:13 PM
    • 88 Posts
    • 42 Thanks
    rachity
    I am concerned about some of the *advice* given, too.
    Originally posted by Coupon-mad

    Anything (or one) in particular?
    CAVEAT LECTOR
    • Le_Kirk
    • By Le_Kirk 15th Apr 19, 4:31 PM
    • 4,601 Posts
    • 3,963 Thanks
    Le_Kirk
    Le_Kirk - yes to the 30 day period to pay, no to the form to pay. In terms of the POC part (which I had to look up and I'm still not confident I really know what that is (POC = Particulars of Claim (the short paragraph on the left middle of a claim form, with very sparse facts)). There isn't really anything about the case just an opportunity to state if we think we shouldn't be charged. It does say they have been instructed to take legal action against us and any replies out of the 30 day period may not be consider due to legal proceedings being commenced. It is clearly titled LETTER BEFORE CLAIM in caps at the top but I'm none the wiser now to be totally honest...
    Originally posted by Loda
    The 30 days is supposed to be the time to reply (but I guess time to pay will do it even though you are not going to pay!). However, it seems like a genuine LBC, so the SAR is the route to go, then reading up on "what happens when", how to do the AoS when/if you receive court papers and then how to construct a defence.
    • Loda
    • By Loda 15th Apr 19, 6:08 PM
    • 4 Posts
    • 2 Thanks
    Loda
    The 30 days is supposed to be the time to reply (but I guess time to pay will do it even though you are not going to pay!). However, it seems like a genuine LBC, so the SAR is the route to go, then reading up on "what happens when", how to do the AoS when/if you receive court papers and then how to construct a defence.
    Originally posted by Le_Kirk
    Ok good I'm on track, letters posted. Thanks for the time-line that helps me organise this in my mind.

    Will keep everybody posted.
    Last edited by Loda; 15-04-2019 at 6:37 PM.
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