Letter Before Claim - Own Bay PCN

steady.alone · 29 August 2016 at 12:15AM

Hi all, this is my first post here!
I parked my vehicle in unallocated parking space in my blocks of apartment where this Parking & Property Management company has issued me a PCN for not displaying permits which is absolutely frustrating. Apparently they are running scamming scheme of displaying permits under lights of signage. As per my renting lease, I can park in any allocated space and other details on parking are silent.

After reading a lot of forums and threads I appealed against my PCN directly to above parking management company but got rejected. They sent me a reminder notice along with standard photographs after some time which I ignored.

I have now received a Letter before Claim from Gladstones Solicitors on 16th Aug seeking response within 14 days. I did try to attache the letter but not allowed to post link as this is my first post. Is there any other way I can share my LBC here?

A detailed thread from LazyDaisy was quite useful but after doing some research I found that Regulations have changed for Practice Direction. Not sure if I can still use their template based on same principles.
Many thanks for any suggestion or advise you can offer.

Coupon-mad · 29 August 2016 at 12:17AM

Have a look at other Gladstones 'Letter before Claim' threads, by searching the forum for the single word 'Gladstones'. That will help you.

You can show pics by changing the URL 'http' to hxxp.

The_Deep · 29 August 2016 at 7:30AM

. As per my renting lease, I can park in any allocated space and other details on parking are silent.

Are you sure that, you can park in any allocated space, even one allocated to a neighbour?

To post a document here, post it to photobucket or similar, and post a dead link here, i.e. instead of http at the start alter it to hxxp and someone will correct it.

You are not alone, there has been a storm of these claims from some very dodgy law firms recently, read threads with BW Law, SCS, Wright Hassell and Gladstones in the title.

steady.alone · 29 August 2016 at 10:17AM

Thank you for your replies.

My apologies, I meant " I can park in any Unallocated space". which I exactly did.

Here is the Letter before claim [IMG]hxxp://i67.tinypic.com/2ptrtpt.jpg[/IMG]

i have read so many threads and forums and I am surprised to see many of these scamming companies conning innocent residents, this has become a massive industry in it own.

I just wondered if they can proceed this matter to the court?

bod1467 · 29 August 2016 at 12:06PM

No need for IMG tags. In fact I'd actively discourage using them.

I can't access tinypic here at work, but here's a clickable link.

http://i67.tinypic.com/2ptrtpt.jpg

Marktheshark · 29 August 2016 at 12:33PM

Arguing practice directives will not work.
Reply to the management company as principle to agent with a rebuttal stating your rental lease supersedes any contract formed in your absence with a third party.
Make it clear you will be counter claiming the alleged loss and your expenses from the management company as they have failed to mitigate the loss.

Send them that, then start building a robust defence and await court papers.

Coupon-mad · 29 August 2016 at 1:58PM

Here is a P&PM thread from pepipoo which is ahead of yours and I posted a defence draft there in Buzz2000's thread (I post as SchoolRunMum on pepipoo):

http://forums.pepipoo.com/index.php?showtopic=98803

I realise you are not at that stage yet but the thread should help as he's ahead of you and the thread was started when he first got the PCN over a year ago, and also covers LBC stage. You need to be aware this is likely to proceed but that Gladstones cases are normally full of holes and defendable on various points, as you can see.

steady.alone · 29 August 2016 at 11:49PM

Coupon-mad wrote: »

Here is a P&PM thread from pepipoo which is ahead of yours and I posted a defence draft there in Buzz2000's thread (I post as SchoolRunMum on pepipoo):

hxxp://forums.pepipoo.com/index.php?showtopic=98803

I realise you are not at that stage yet but the thread should help as he's ahead of you and the thread was started when he first got the PCN over a year ago, and also covers LBC stage. You need to be aware this is likely to proceed but that Gladstones cases are normally full of holes and defendable on various points, as you can see.

That's a very useful thread with lot of insight which I can correlate my case to it. The only difference is that I have not replied to their NTK letter. Now, even I am feeling that they will proceed with this case further. I am preparing an acknowledgement for their Letter Before Claim which I believe is advantageous to defend, as I read in other MSE threads?

Also, as suggested I will write to the management company as well to push thier agent to cancel my ticket.

If I am missing anything else at this stage then please point out. Many thanks once again.

Coupon-mad · 30 August 2016 at 1:09AM

Sounds like you have got a handle on what to do. And yes, it is defendable.

steady.alone · 30 August 2016 at 1:27PM

Thank you for boosting my confidence. I hope it all works in the end

After reading some other useful threads on MSE and Pepipoo, I have made a draft to respond their LBC. Would you be please kind enough to have a quick glance and suggest if anything misleading or missing in this draft.

Dear Sirs,

Thank you for your above letter which I acknowledge the receipt of it as a Registered Keeper of the vehicle in question.

Since your Letter Before Claim refers to Practice Direction, I trust that you are obviously aware of what is required and I expect you to comply with your obligations.

I would like to bring this to your attention that your client is fully aware that:

It failed to meet the requirements of the Protection of Freedom Act
We have no liability for this parking notice

Kindly send me a fully compliant Letter Before Claim providing below information, so that I can deal with my own obligations under the Practice Direction.

A copy of your clients written contract as per Practice Direction 16 7.3(1) and Practice Direction 7C 1.4(3A) and the IPC’s Code of Practice B1.1
In what way, your client believes a contract (which is denied) was breached.
Time stamped photos of the event showing the alleged incident where the car was supposedly in breach. These would be the ones that the DVLA require their client to keep under the terms of their KADOE contract with the DVLA to show “reasonable cause”. Regulation 27 (1) of the Road Vehicles (Registration & Licensing) Regulation 2002 refers.

I look forward to receiving above requested along with acknowledgement of receipt of this letter.

Yours Sincerely

Coupon-mad · 30 August 2016 at 1:33PM

I always say, no 'thank you for' to a LBCCC!

Start: 'I refer to'.

and it is the Protection of Freedoms Act 2012 (Schedule 4).

Apart from that, yes that will do - but expect a court claim in the end as Gladstones machine continues regardless, with no scrutiny of details or any real heed to victims' replies.

Letter Before Claim - Own Bay PCN

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