Gladstone Solicitors - 'Letter before claim received'

littleinholmes · 6 November 2018 at 2:22PM

Hello,

I have been hesitant to start a new thread, but I have spent a few hours reading existing threads and haven't come across a situation similar to mine...

Car park management agency: UKCPM
Property management agency: Remus Management Ltd

In July 2017 I received a parking ticket as I parked outside of the white lines of a parking bay at the car park of my home address (I am a leaseholder). I was displaying a valid permit which is non-specific to my car. The reason I was outside the white lines is that the bays are narrower than the UK recommended width of 2.4m, and sometimes cars park on the edge of the white lines which causes a knock-on effect for the rest of the cars in the row. As a result of this, I parked as close to my brother's car (who was in the neighbouring bay) as I could, so I could avoid having to exit my car by crawling out of the boot and I knew that I leave for work before him everyday - it was no issue to him and he didn't even notice I had blocked access to his drivers door. My brother, at the time, lived at the same address as me and both cars are registered to my address.

When I received the PCN through the post they included photos of my car and also my brother's car next to mine, although nothing was left on my windscreen to notify me at the time the PCN had been issued. I appealed to UKCPM in writing and explained the situation, I didn't mention not being able to afford it etc, but I do believe the reason behind my parking was justified and it affected no one else but myself and my brother who are both leaseholders. However they rejected the appeal and I heard nothing from them, I realise now I was rather stupid to think it would all just go away!

I have now received a 'letter before claim' from Gladstone Solicitors who have been instructed by UKCPM to recover the debt. From reading other threads I gather this is a standard letter sent by them. They haven't included any information about the PCN other than the date it was issued, vehicle registration, PCN number and the address the PCN was issued at. The charge has now been increased from £100 to £160 and I have 30 days to respond. I have not responded to this letter as I thought it best to seek advice as I am not familiar with this situation at all.

Do they have a strong case against me seeing as I admitted I had parked outside of the bay in my appeal letter? Please can someone advise me on how best to response to this 'letter before claim'?

Other information that may be useful:

UKCPM is contracted by the management agency under the instruction from the Residents' Association (who I have written to to complain about UKCPM on multiple occasions).
UKCPM were in operation before I purchased the leasehold to my property (three years ago).
I have previously had two PCNs from UKCPM. Both were for not displaying a valid permit when I had one displayed at the time - so when I appealed them they cancelled the PCNs (the first one was cancelled when the management agency requested they cancel it, despite saying they can't get involved in parking disputes and refuse to help since). I also had another bad experience with the second one - as I did not receive their original letter notifying me of the PCN, so I just received the second letter saying the PCN had been increased due to failure to respond.

Following all this I will be complaining and campaigning within my residents association against the contract renewal with UKCPM as even before I read about them online, I had got the impression that they are awful.

Thank you in advance for any advice given, I really do appreciate any help!

System · 6 November 2018 at 2:30PM

Is this a Bellway Home as they use Remus. Remus are useless but if you have a go at the builders you may get something.

beamerguy · 6 November 2018 at 3:03PM

UKPCM specialise in residential parking scams

The courts do not agree with them

https://parking-prankster.blogspot.com/search?q=ukcpm

If you are looking to sack this nasty company, the facts should be known by the residents and the MA

Gladstones invented the scam. They set up the IPC which is a members club that allows scammers to access the DVLA
UKPCM is one of the scammers.

When you don't pay them, idiotic debt collectors get involved adding a fake £60 charge. This was passed on to Gladstones hence their claim .... you do not owe £160 ...It's a Gladstones FAKE

Then, when you do not respond to the debt collectors, along comes Gladstones ....... THE SCAM IS A CIRCLE

Read up about the incompetent Gladstones
https://parking-prankster.blogspot.com/search?q=GLADSTONES

The MA needs to know about the Gladstones scam and so do the residents as you cannot allow such a scam in operation

Of course, as mentioned here before, maybe someone who employed these vermin is taking a share of the action

Gladstones are trying to extort a further £60 from you and the courts don't like extortion ...... neither do they like attacks on residents.

You must reply to the LBA .... look at it carefully to see what they have missed as they must prove their claim to you.
They must also prove the amount of the claim.

Let's see what they come back with regarding the £60 ???

You see, we know this .......
THE £60 SCAM OPERATED BY DRP ?
https://forums.moneysavingexpert.com/showthread.php?p=74439905#post74439905

littleinholmes · 6 November 2018 at 3:27PM

IamEmanresu wrote: »

Is this a Bellway Home as they use Remus. Remus are useless but if you have a go at the builders you may get something.

I am not sure who the original builders of the estate were as I have not come across this information before, and a 10 minute search online is not coming up with information either.

Remus are useless in every aspect of property management, by going to the original builders would I be raising the width of the parking bays being below the UK recommended width? It is not a bit late for that since I have received the 'letter before claim', or would I be using them as part of my defence?

System · 6 November 2018 at 3:43PM

I am not sure who the original builders of the estate were

What does your lease say?

These cases all turn on the wording of the lease. You will argue that you have primacy of contract (search the forum for a PoC defence). They will argue that your lease provides for Remus to introduce new "regulations" so check the wording of the lease for that clause.

The_Deep · 6 November 2018 at 3:50PM

Do they have a strong case against me seeing as I admitted I had parked outside of the bay in my appeal letter?

They probably have a weak case, (or perhaps a very weak case), it depends on the wording of your lease wrt the display of permits. It does not matter that you were the driver, read this

http://parking-prankster.blogspot.com/2016/11/residential-parking.html.

Does your lease contain the words "peaceful enjoyment"? Is the parking space written into your lease? If so, read this

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

also research "Primacy of Contract" and read this.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. It has even been suggested that some of these companies have links with organised ccrime.

Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)

and complain in the most robust terms to your MP. With a fair wind they will be out of business by early in the New Year.

littleinholmes · 6 November 2018 at 9:21PM

The_Deep wrote: »

it depends on the wording of your lease wrt the display of permits.

I have looked back through the original lease - and the only wording I can find regarding parking is as follows:

"The lessor may at any time or times during the term hereby granted in the interests of good estate management or for permitting and regulating the parking of motor and other vehicles upon part or parts of the Grounds make and impose such regulations regarding the flats or the Buildings or the Grounds as it may in its absolute discretion think fit (but so that any such regulations shall not conflict with the terms of this Lease) and the Lessor shall have the power for all purposes mentioned in this sub-clause in its absolute discretion to waive revoke amend or add to the Regulations set out in the Fifth Schedule hereto or any additions thereto or any regulations substituted therefor made under the provisions of this sub-clause and such substituted or altered Regulations shall be binding upon the Tenant as soon as the Lessor shall have served notice of such new Regulations upon the Tenant not-withstanding that the Lessor may not have served notice to this effect upon the tenant of any other flat"

The Fifth Schedule (Regulations to be observed by the Tenant) does not mention anything about parking, however the Fourth Schedule (Covenants by the Tenant with the Lessor) mentions the following:

"The tenant will not park leave or stand any motor or other vehicles on any part of the Grounds save in such places and at such times as may be permitted by such regulations as may be made under Clause 12 (6) of the lease" - the quote above.

The_Deep wrote: »

Does your lease contain the words "peaceful enjoyment"?

Can't see this phrase anywhere

The_Deep wrote: »

Is the parking space written into your lease?

Worryingly I can't see that they are - although they are not allocated spaces so I am not sure if this makes a difference?

littleinholmes · 6 November 2018 at 9:28PM

IamEmanresu wrote: »

What does your lease say?

These cases all turn on the wording of the lease. You will argue that you have primacy of contract (search the forum for a PoC defence). They will argue that your lease provides for Remus to introduce new "regulations" so check the wording of the lease for that clause.

The lease states "Epic Industrial Properties Ltd" on the lease. Formerly known as Manlan Property Company Ltd - no mention of Bellway Home.

I have quoted the lease in my response to The Deep above - from my understanding the Lease states that the Regulations can be added to as long as notice is served to the Tenants (which I assume happened prior to me purchasing the lease).

I am not feeling particularly positive about my case against Gladstone Solicitors after reading my lease... although I will be campaigning for their removal based on online research of their poor reputation.

Quentin · 6 November 2018 at 9:32PM

The_Deep wrote: »

……. complain in the most robust terms to your MP. With a fair wind they will be out of business by early in the New Year.

This is wildly optimistic

OP, if this does progress to a claim, then continue to defend it.

Regardless of any complaint you make to your MP it is highly unlikely the Govt will put then out of business in the next few months!

Coupon-mad · 6 November 2018 at 11:24PM

I have quoted the lease in my response to The Deep above - from my understanding the Lease states that the Regulations can be added to as long as notice is served to the Tenants (which I assume happened prior to me purchasing the lease).

Never assume! we don't think they will have given adequate notice to the resident at the time and they didn't give adequate notice to you!

Write to the MA asking for a copy of the Notice they served (or notices if more than one) to the residents at the time that they imposed the current unsuitable parking regime, as you cannot believe that this has been properly agreed as a variation of the leases, with a consensus of 75% or more leaseholders voting in favour of this horrendous and onerous enforcement, as is required under the Landlord & Tenant Act.

System · 7 November 2018 at 5:58AM

from my understanding the Lease states that the Regulations can be added to as long as notice is served to the Tenants (which I assume happened prior to me purchasing the lease).

Were the parking company there before you moved in or afterwards?

The issue will also be whether the matter was minor (de minimis) or major (obstruction). The pics will tell the story.

Gladstone Solicitors - 'Letter before claim received'

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