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  • FIRST POST
    • Dudleydave
    • By Dudleydave 18th Dec 17, 11:34 PM
    • 21Posts
    • 0Thanks
    Dudleydave
    Is this a letter before court?
    • #1
    • 18th Dec 17, 11:34 PM
    Is this a letter before court? 18th Dec 17 at 11:34 PM
    I know I am probably going to get a slapped wrist here and accused of not reading previous threads/advise but I really have and have to admit Iím still confused as to which stage of proceedings Iím at, and more importantly what to do next. To cut the old long story short, a few months ago I received a parking charge from NCP stating I was parked longer than I paid for, my excuse? I had to go to a nearby cafe to get change for the machine as my card wouldnít work, the machines fault or my card I do not know, then I paid what I thought was the maximum amount available but still managed to be slightly late returning apparently. Anyway rightly or wrongly Iíve not responded to that or the two subsequent letters (mistake now I fear) It has now reached the stage that I have just received the letter below from gladstones. The amount they want from me now is an extortionate £170. Any advise as to the best way to respond to this would be very much appreciated. Letter as follows: You have previously been written to requesting settlement of a parking charge.
    Due to the absence of of payment or a valid appeal against the charge, our client has instructed us to recover the total amount
    due to them as shown above. As all other attempts have failed, our client may now instruct us to take legal action against you in the county County Court. To prevent such action, we invite you to make payment immediately.
    In order to avoid any further action
    You should pay the full amount outstanding within 14 days
    You can make payment online at gslcollections.com or by calling 0333 0230 049.
    it is important that you understand that if judgment is registered against you then this could seriously
    affect your chances of obtaining credit in the future as this information can be made available to any
    interested parties via the Register of Judgments, 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,
    Gladstones Solicitors
Page 2
    • KeithP
    • By KeithP 5th Mar 18, 1:33 PM
    • 7,184 Posts
    • 6,661 Thanks
    KeithP
    If you post on your thread it will instantly move to the top of the thread list.

    Have you not noticed that?
    .
    • Dudleydave
    • By Dudleydave 9th Mar 18, 5:36 PM
    • 21 Posts
    • 0 Thanks
    Dudleydave
    Advice please
    Hi All,

    Before I submit my response letter above I was hoping someone may kindly offer any advice/guidance or suggestions on my draft for me please?

    Many thanks
    • Coupon-mad
    • By Coupon-mad 9th Mar 18, 9:35 PM
    • 57,433 Posts
    • 71,028 Thanks
    Coupon-mad
    Yep looks OK, a claim is inevitable but winnable (another Gladstones case was won on here today).

    A couple of things to amend here, get rid of the first sentence I crossed out:

    Thank you for your letter of xxxx.


    My reference: XXXXXXXXX


    With reference to your Letter Before Claim.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Dudleydave
    • By Dudleydave 10th Mar 18, 6:04 PM
    • 21 Posts
    • 0 Thanks
    Dudleydave
    Sorry last duplicate post in error. Thank you Coupon mad
    • KeithP
    • By KeithP 10th Mar 18, 6:08 PM
    • 7,184 Posts
    • 6,661 Thanks
    KeithP
    Feel free to delete any duplicate posts.

    Click on the Edit button then delete, then follow your nose.
    .
    • Dudleydave
    • By Dudleydave 18th Mar 18, 10:38 AM
    • 21 Posts
    • 0 Thanks
    Dudleydave
    UPDATE:

    Hi All,

    I emailed the above to gladstones, they, as predicted, didn't acknowledge my email but several days later I received this letter through the post.

    'We wrote to you advising we are instructed to commence legal action against you to recover a private parking charge (or charges). We note you have not settled the debt or provided a valid reason for non payment.
    In the event the outstanding debt is not paid in full, we are instructed to commence legal proceedings. Our client is satisfied that it has sufficient evidence to support this claim and, if necessary, will rely on this evidence in court.
    If you believe you have a valid reason for non-payment, we are extending the time in which you are able to respond via the reply form by 25th March 2018.......
    We refer you to Paragraph 2.1(c) of the PAP which obliges the parties to act reasonably and proportionately.
    Please pay or reply by the 25th March 2018. Any reply after this date may not be considered as legal proceedings are likely to have been issued.'

    Is it recommended I reply via email again or by completing the online reply form they mention?

    As ever, any advice and guidance would be gratefully accepted.

    Cheers
    • Fruitcake
    • By Fruitcake 18th Mar 18, 10:48 AM
    • 36,623 Posts
    • 82,944 Thanks
    Fruitcake
    Tell them you replied. Give the date and reference of your reply. Tell them they have failed to respond and so if this goes to court you will be asking for unreasonable costs when you win.
    Point out that you have the might of MSE behind you who had a 99% win rate against court claims last year. Are they feeling lucky, or words to that effect.
    I would email, take screenshots, and state you have kept proof of sending every time.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Dudleydave
    • By Dudleydave 20th Mar 18, 8:50 PM
    • 21 Posts
    • 0 Thanks
    Dudleydave
    Advice request
    Much appreciated Fruitcake.

    Prior to replying to gladstones and further to Fruitcakes advice I was wondering if anyone had any additional comments/advice they could give me at this stage?

    Many thanks
    • Coupon-mad
    • By Coupon-mad 20th Mar 18, 9:04 PM
    • 57,433 Posts
    • 71,028 Thanks
    Coupon-mad
    If you want to add some robust paragraphs, click on my username and see the two LBC reply letters I wrote in the past couple of days, one went to SCS and one went to BW Legal, but you can plagiarise any of the rantings you fancy into your reply to Gladstones.

    No need to be polite, this is a robo-claim firm threatening your wealth and peace of mind; Gladstones and their conflict of interests with the IPC/IAS were named and shamed by MPs in Parliament only last month, you could say something like this (which is NOT from either of the two recent LBC replies I suggest you also read):

    It will not have escaped your attention that Gladstones were singled out in the Parliamentary debate in February, about the despicable private parking 'industry'. MP Stephen Doughty spoke compellingly and with vitriol about the firms that 'solicitors' like you are propping up and giving a veil of legitimacy:

    ''I also want to highlight the firms of solicitors that work with those companies. We might refer to such firms as 'roboclaims' firms, and they often have a close and cosy relationship with the parking companies.

    Fundamentally, this comes down to common sense, justice and reasonableness. When things end up in court, it is an absurd situation. Roboclaims companies, which are making a massive mint off this industry, can issue a summons for just £30, and yet a defendant can sometimes have to pay as much as eight times that to defend the case, as well as having to deal with the time, emotion and everything that comes with that process.

    I wholeheartedly support the Bill proposed by the right hon. Member for East Yorkshire and very much hope it gets Royal Assent. We need to crack down on these rogue companies. They are an absolute disgrace to this country.''
    BTW I take back my earlier post where I said that a claim is 'inevitable', as I can't have been concentrating on the fact this is only NCP, who don't do court in a hurry, if ever.

    You might well find this email tennis simply dies out or reverts to a Zenith letter or two!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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