Gladstones - Technical defence against PCM

Kas22 · 20 November 2017 at 11:45PM

Hi All,

Having looked over the site I can't seem to find any thread where there has been a post on technical dispute, unless I'm being sheer ignorant to searching (I apologise).

To cut a long story short, I was issued an unjust ticket by PCM (those ex-clampers) stating I was "Parked within a restricted area" even though that wasn't the case as where the car was parked was not part of the controlled parking zone.

Where the vehicle was parked used to be a shed for bicycle storage, so was not officially part of the car park, or the controlled area.
The notice did not specify parking was inclusive of the area the vehicle was parked at and specified [FONT=&quot]"Vehicles must be parked with a valid parking permit fully displayed within the windscreen and parked wholly within the confines of a marked bay appropriate for the permit on display..."

I disputed this with PCM but received generic responses. I then took it to IAS who were also as useless as PCM (also found this out by reading threads on here and on pepipoo). I then started receiving letters from TRACE debt recovery which I ignored... and more recently I received a letter from Gladstones.

Up to the point of disputing with PCM and the letters received from the debt recover firm, I was in touch with BMPA (British Motorists' Protection Association) who were very helpful... However BMPA cannot assist me any further as the claim is based on a technical defence and what my interpretation of the sign was. I therefore turn to yourselves for some help and guidance.

The question is, should I respond with a template based on the following thread that @coupon-mad wrote /showthread.php?p=73401300#post73401300, or will this require some more thought?

I am happy to see this through to court as I will not let them get money out of me on such grounds.

Any help or advice on this matter would be greatly appreciated.
I will post links to images once I am approved to do so.
[/FONT]

Lamilad · 21 November 2017 at 12:22AM

It's certainly a valid defence point if indeed the place where the vehicle was parked is not part of the 'controlled zone' - do you have anything by way of proof?

It sounds like you are at the debt recovery stage, in which case you do not respond - yet. What did the letter from Gladstones say - if it was headed 'letter before claim' or similar then you must respond.

Chances are you will end up with a county court claim so start researching your defence which must include other arguments such as inadequate/ illegible signage (common in PCM cases), no locus standi, CoP failures etc

If you haven't read the NEWBIES thread yet, read it now (post #2). If you have read it - read it again. Use the search function to research other PCM and Gladstones defences.

KeithP · 21 November 2017 at 12:25AM

Is the letter you have received from Gladstones a Letter Before Claim?

Coupon-mad · 21 November 2017 at 1:26AM

Or is it a pretend one from DR Plus using G's notepaper, that still asks you to contact DR Plus?

This has been covered on countless Gladstones letter threads, hard to keep repeating advice TBH. Search the forum.

I am happy to see this through to court as I will not let them get money out of me on such grounds.

Good - they WILL issue a claim because this is a conveyor belt churning out groundless court papers and it will happen, no matter how you reply.

But we do help posters win 99% of the time when they take advice and coaching from the forum throughout, from defence through to hearing.

Kas22 · 21 November 2017 at 10:06AM

Thanks all for your responses.

I'll read the the NEWBIES thread again (post #2), just in case I missed something out. I'll also do some more searching regarding Gladstone letter threads.

It's the first letter I have received from Gladstones requesting to make a payment to them which goes like this:

"Our Reference: 101775.XXXXX
9th November 2017

Re: Our Client: Parking Control Management (UK) Limited
Amount Due: £160
Vehicle Reg: XXXXXX

You have previously been written to requesting settlement of a parking charge. Due to the absence of payment or a valid appeal against the charge, our client has instructed us to recover the total amount due to them shown as above.

As all other attempts have failed, our client may now instruct us to take legal action against you in the County Court. To prevent such action, we invite you to make payment immediately or confirm to us in writing your proposals in respect to this debt.

In order to avoid any further action, you should pay the full amount outstanding within 14 days of this letter.

You can make payment onine at glscollections.com or by calling 0333 0230 049.

It is important that you understand that if a judgement is registered against you then this could seriously affect your chances of obaining credit in the future as this information can be made available to any interested parties via the Register of Judgements, Orders and Fines, and will remain there for 6 years.

If you are unsure about anything contained within this letter, you should seek advice from a solicitor or contact one of the following organisations who may be able to help you:

Yours sincerely,

Gladstone Solicitors"

Kas22 · 21 November 2017 at 10:09AM

Lamilad wrote: »

It's certainly a valid defence point if indeed the place where the vehicle was parked is not part of the 'controlled zone' - do you have anything by way of proof?

I have proof in terms of photographs. I might also have old photos of when it use to be a shed for bicycles (not sure if that'll be of any help?)

nosferatu1001 · 21 November 2017 at 11:05AM

Yes - point out that it was initially a shed, so at the time the contract was signed could NOTbe part of a car park. You put them to strict proof that the area contracted to enforce was specifically expanded to include this areas.

Kas22 · 21 November 2017 at 11:13AM

nosferatu1001 wrote: »

Yes - point out that it was initially a shed, so at the time the contract was signed could NOTbe part of a car park. You put them to strict proof that the area contracted to enforce was specifically expanded to include this areas.

The shed was taken down several years ago, but the area of land it was built on was not part of the car park, but beside it.

Not sure if this is of any help but the parking enforcement came into force earlier this year, but due to several complaints, the controlled zone was removed in July.

Kas22 · 28 November 2017 at 11:57AM

Hi All,

I'm still waiting to receive further letters from Gladstones including a Letter Before Claim which I eagerly await.

In the meantime I have scanned the site and read different cases with regards to Gladstone disputes, with a rough template of what needs to be sent back.

I will adjust the response accordingly and post on here for any feedback/suggestions.

Kas22 · 11 December 2017 at 12:13PM

Received a Final Reminder from Gladstones the other week.

Guess I should wait for the Letter Before Claim before I submit my defence?

beamerguy · 11 December 2017 at 12:56PM

Kas22 wrote: »

Received a Final Reminder from Gladstones the other week.

Guess I should wait for the Letter Before Claim before I submit my defence?

I would wait for the LBC which of course must be fully compliant
to the new procedure

As you have been reading up about Gladstones, you will
of course understand just how completely incompetent
they are and do not do very well in front of a judge.
Indeed, the courts know just how incompetent they are

Nothing will happen this side of xmas so you have plenty
of time to get your defence together.

They will either try to bribe you with a lower settlement
and even discontinue if they think they will lose

They will also try to get you to agree that it is heard on
papers given the false impression they will win.

NO PAPERS, must be heard in front of a judge.
If it does end up in court, you will probably succeed
leaving Gladstones with yet another failure to add to
their joke claims

Gladstones - Technical defence against PCM

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