Gladstones Letter Before Claim Oct 2018 - How should I respond?

StubbornGoat · 17 October 2018 at 4:40PM

Hi,

I was wondering if someone with experience in this could help... I have recently been given a "Letter Before Claim" despite not hearing from anyone about this for over a year.

The date of charge (the PCN) from UK Car Park Management Limited was back in May 2016! Since then it has been passed to Debt Recovery Plus Limited (DRPL) and then again onto Gladstones Solicitors Limited.

I have tried reaching UK Car Park Management via email (back in Jan 2017) and they responded saying:

"I have located your PCN. I can confirm this PCN is now with the debt recovery company DRPL due to none payment. As such we no longer have control over this PCN.

You need to contact the debt recovery company DRPL directly on 0208 234 6775 to update your address. In addition I may suggest you to inform them of the driver at the time and request a transfer of liability."

I then phoned DRPL to update them of our new address to avoid any correspondence being sent to an old address and told them I won't be paying.

I have now got Gladstones sending me a letter (not the first, but the first one in well over a year) stating that I now owe £160 and must pay it before I am taken to court.

I have tried emailing UK Car Park Management for information, but they have not responded in a week. Unfortunately I do not have any documents about the case as I hadn't heard anything from anyone for a year, so assumed it was a closed case. One thing I do remember is that we were parked in a VISITORS BAY and therefore should not have to pay any fine. The photo they took I remember, even includes the VP (visitor Parking) letters in the space the car was parked on. There was no indication of VP bays in the sign for payment.

The letter I have been sent most recently is here:

i.postimg.cc/h4dzqVqf/gladstonesletter.png

Anyway... hopefully someone can shed light on how I proceed.

Do I reach out to Glastones? DRPL? UK Car Park management (again)?

I don't really want to ignore this - so any help is appreciated.

Thank you all in advance.

SG

KeithP · 17 October 2018 at 4:44PM

StubbornGoat wrote: »

I would love to attach the letter, but as a new user, am unfortunately unable to.

Upload the image to a photo hosting website, tinypic is one but there are many others, then post a dead link here.

You will not be able to post a live link but often just changing http to hxxp is enough.

StubbornGoat · 17 October 2018 at 4:49PM

Thanks KeithP... I have now done that.

KeithP · 17 October 2018 at 4:56PM

https://postimg.cc/bdqNxDrh

As you said, that is clearly a Letter Before Claim.

You should respond. No need to use their forms.

There is guidance on how you might do that in the first few paragraphs of post #2 of the NEWBIES FAQ sticky thread.

Looks like you have ten days left to do that.

beamerguy · 17 October 2018 at 6:48PM

StubbornGoat

Firstly, you do not go online to view or respond to the LBA
YOU REQUIRE HARD COPY ONLY ..... IN THE POST

So, you are being scammed by Gladstones.

The £60 they claim their client is owed for recovery etc
is the biggest load of rubbish that Gladstones spout.

You received letters from DRP and you did not pay DRP

DRP offer the PPC's a "no win no fee" service.
This simply means that the PPC was not charged
by DRP and therefore there is nothing to pass on.

What part of "no win, no fee" does Gladstones not
understand

You need to request a breakdown of the £60 and
let's see what other rubbish Gladstones come back with

StubbornGoat · 18 October 2018 at 10:43AM

Thank you for your reply BeamerGuy,

I'm currently looking at sending the following via email but cannot find a correct email address for them.. shall I phone them up to request an email?

Either way here's the letter I am considering sending them... (it has been mostly copied from other threads on here).. Feel free to edit...

Thank you.

"To whom it may concern,

I have received your Letter Before Claim and would like to respond.

Since receiving the letter, I have tried to contact your client (UK Car Park management Limited), however have yet to receive a response (I had previously contacted them back in January 2017 and were told the debt had been passed to DRPL). Therefore I come back to your letter which contains insufficient detail of the claim and fails to provide the photographic evidence. It does not even say what the cause of action is. Nor does it contain any mention of what evidence your client intends to rely on, or enclose copies of such evidence.

Your client must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with.

Your letter clearly breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. 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.

Nobody, including your client, is immune from the requirements and obligations of the Practice Direction. Therefore I require your client to comply with its obligations by sending me the following information/documents:

1. An explanation of the cause of action
2. Whether they are pursuing me as driver or keeper
3. Whether they are relying on the provisions of Schedule 4 of POFA 2012
4. 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)
5. A copy of the contract with the landowner under which they assert authority to bring the claim
6. A copy of any alleged contract with the driver

I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20), Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16. I will draw to the court the fact that I have expressly requested this information, yet your client has yet to provide it.

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

Regards,"

Umkomaas · 18 October 2018 at 10:48AM

I'm currently looking at sending the following via email but cannot find a correct email address for them

http://forums.moneysavingexpert.com/showpost.php?p=73894406&postcount=61

This contains 3 options, it's a bit old now, and, from memory there may be only one of them working. Send your email to all 3 and see what happens.

StubbornGoat · 18 October 2018 at 11:05AM

Thank you for that.

I sent to all 3 and got a postmaster failed delivery on the litigation@ and administration@ emails. I assume the 3rd one (enquiries@) was delivered.

StubbornGoat · 18 October 2018 at 11:07AM

As for BeamerGuys suggestion that I request a breakdown of the £60... I forgot to add that but will do so upon their reply.

beamerguy · 18 October 2018 at 12:07PM

StubbornGoat wrote: »

Thank you for that.

I sent to all 3 and got a postmaster failed delivery on the litigation@ and administration@ emails. I assume the 3rd one (enquiries@) was delivered.

Just shows how unprofessional Gladstones are.

Yes, don't forget to ask about the £60 next time to see
what rubbish Gladstones come back with

StubbornGoat · 18 October 2018 at 5:38PM

So an update... UK Car Park Management have now got back to the email I sent earlier this month (3rd Oct!)... My email states:

I would like to bring attention to this matter once more as despite my efforts to inform DRPL that I was not the driver at the time, I have just received a LETTER BEFORE CLAIM from Gladstones Solicitors stating that UK Car Park Management Limited (YOU) are their client and that THEY (GS) are acting on your behalf.

So you CAN assist with this.

It is also said in the letter that their client (YOU) have "sufficient evidence to support this claim". Please therefore send this evidence (including photos and a copy of the signage terms) to me via reply to this email

The PCN number for this is XXXXXX

Regards

Name

Their (UK CPM) response:

Good Afternoon,

Thank you for your email.

Are you requesting for a Subject Access Request?

Kind Regards

What is a Subject Access Request and how should I respond to this having already sent an email to Gladstones?

Thanks!

Gladstones Letter Before Claim Oct 2018 - How should I respond?

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