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  • FIRST POST
    • markudman
    • By markudman 8th Jan 18, 9:44 PM
    • 207Posts
    • 123Thanks
    markudman
    Resident Parking
    • #1
    • 8th Jan 18, 9:44 PM
    Resident Parking 8th Jan 18 at 9:44 PM
    Hi I have found the bottle to start a thread, I have read the Newbie!!!8217;s Thread and followed some of the advice,
    Here is my story, I moved into a new flat with my wife and kids, in Sept 2017, the parking cowboys, PCM mismanage the parking, I am off work sick due to an autoimmune disease which means I have problems with pain all over my body so cannot always help my wife with, Kids Shopping, etc.

    I had 3 cars, (sold one now) but got about 8 tickets, for different reasons, but all the usual reasons, PCM would not issue permits until they got the V5 in my address, this took a few weeks, we asked for temp permit which after a fight with the managing agent got them, also we got scratch cards and displayed them in the cars, but still got tickets,
    there are 3 entrances to the estate, only one (the back one) has signs on them .
    I have talked to the landlord and are not interested in helping, but have not spoke to them yet about quite enjoyment.

    So after reading lots of forums, decided to play a game with them, I appealed knowing that they would get rejected, I then used different letters and appeals to IPS, I am waiting for their rejections.

    The main reason for appeal was signage or lack of it, they say they have 63 signs throughout the estate, (it!!!8217;s a big estate) which may or maybe not be true, but there are no signs on 2 of the entrances and have photos to prove, a total of about 20 photos showing the entrance and a walk through to the parking etc,
    a few signs can be seen, one which is about 20 foot away from the parking area, over a grassed area which cannot be read from the parking area, and one which is next to one saying resident parking only, so confusing.

    I have checked the size of the signs and they are not bigger that 0.3 sqm so no advertising consent needed, I am checking planning soon.

    I have 2 NTK from them, for the same car, one to the hirer, and one to the keeper? Both say they got the details from DVLA, and my wife is a Mr, but the V5 is Mrs,

    I have asked them for proof that they have a contact with the land owner.

    On their Prima Facie Case they say that they have a contact with Merton Council since 2009, the land was sold to a housing association in 2010? I have checked this with land registry and downloaded the plan.

    The other point which I am hoping will be a winner if all else fails, (I have not gone along this line yet with the appeals) is my tenant!!!8217;s agreement, it has no referents to parking in it, but says:
    Common Parts,
    Means any part of the building containing the property and any land or premises which the tenant is entitled under the terms of this tenancy to use in common with the landlord and other owners or occupiers of other flats in the building.
    As in:
    In Pace v Mr N [2016] C6GF14F0 [2016] it was found that the parking company could not override the tenant's right to park by requiring a permit to park.

    In Link Parking v Ms P C7GF50J7 [2016] it was also found that the parking company could not override the tenant's right to park by requiring a permit to park.
    Last edited by markudman; 08-01-2018 at 9:50 PM.
Page 8
    • KeithP
    • By KeithP 10th Apr 18, 9:44 PM
    • 6,647 Posts
    • 5,849 Thanks
    KeithP
    Your first link doesn't work.

    There is no Annex A in the Practice Direction and it hasn't been there for several years.

    I would be using Dear Sirs rather than To Whom It May Concern.
    .
    • markudman
    • By markudman 11th Apr 18, 7:59 AM
    • 207 Posts
    • 123 Thanks
    markudman
    Your first link doesn't work.

    There is no Annex A in the Practice Direction and it hasn't been there for several years.

    I would be using Dear Sirs rather than To Whom It May Concern.
    Originally posted by KeithP
    Many thanks for your reply, is the template in Newbies out of date?
    We may not win by protesting, but if we donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
    • markudman
    • By markudman 11th Apr 18, 8:10 AM
    • 207 Posts
    • 123 Thanks
    markudman
    UpDated

    Trace Debt Recovery UK
    Dear Sirs,
    PCN:
    I refer to your letter of ----------, and earlier correspondence.

    Firstly, I have no intention of paying the money demanded by your client, and any court proceedings will be vigorously defended.

    Second, should it be your client's intention to start court proceedings, they must provide a Letter Before Claim which complies with the requirements of the Practice Direction on Pre-action Conduct:

    Thirdly, You need to comply with the PAP on debt claims, not least with respect to the deadline needing to be 30 days

    https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

    Please also note that a failure and/or refusal to comply with the Practice Direction will result in a complaint being made to the court and an application for a stay of the action and costs pursuant to the provisions of paragraph 4 of the Practice Direction on non-compliance and sanctions.

    In the meantime, you should note that this charge is disputed, and you must now refer this matter back to your client and cease and desist all further contact with me. Failure to do so will result in a complaint to the Credit Services Association.

    I trust that I have made myself clear.

    Yours faithfully
    Last edited by markudman; 11-04-2018 at 8:25 AM.
    We may not win by protesting, but if we donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
    • markudman
    • By markudman 11th Apr 18, 8:27 AM
    • 207 Posts
    • 123 Thanks
    markudman
    Gladstones Solicitors Limited

    Dear Sirs,
    PCN:
    I refer to your letter of -------------, and earlier correspondence.

    Firstly, I have no intention of paying the money demanded by your client, and any court proceedings will be vigorously defended.

    Second, should it be your client's intention to start court proceedings, they must provide a Letter Before Claim which complies with the requirements of the Practice Direction on Pre-action Conduct:
    Thirdly, You need them to comply with the PAP on debt claims, not least with respect to the deadline needing to be 30 days

    https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

    Please also note that a failure and/or refusal to comply with the Practice Direction will result in a complaint being made to the court and an application for a stay of the action and costs pursuant to the provisions of paragraph 4 of the Practice Direction on non-compliance and sanctions.

    I trust that I have made myself clear.

    Yours faithfully
    Last edited by markudman; 11-04-2018 at 8:30 AM.
    We may not win by protesting, but if we donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
    • The Deep
    • By The Deep 11th Apr 18, 9:35 AM
    • 9,053 Posts
    • 8,738 Thanks
    The Deep
    Have you complained to the SRA about Gladstones, if not, perhaps you should. An MP has already done so ln connection with their complicity in these scams. It is time these firms behaved like proper solicitors.
    You never know how far you can go until you go too far.
    • markudman
    • By markudman 11th Apr 18, 1:35 PM
    • 207 Posts
    • 123 Thanks
    markudman
    Have you complained to the SRA about Gladstones, if not, perhaps you should. An MP has already done so ln connection with their complicity in these scams. It is time these firms behaved like proper solicitors.
    Originally posted by The Deep
    Yes this was the reply

    03 January 2018
    Dear Mr -------------
    Your report about Gladstones Solicitors Limited
    Thank you for your email dated 20 December 2017.
    From the information you sent us, we understand you are concerned about parking hearings dealt with by the above firm. You say that Will Hurley and John Davies at the firm also run the International Parking Community and an appeals service. You believe they have set themselves up as ďjudge, jury and executionerĒ.

    What we have done

    We received a number of reports about the way Gladstones Solicitors Limited were dealing with the recovery of debts. We have carried out an investigation into whether these debts were legitimately owed. We also considered whether the firmís practices were taking unfair advantage of those people who the firm deal with.

    Some reports have highlighted a conflict of interest in that employees of Gladstones are also
    Directors of the independent appeals committee for those willing to appeal their car parking debts.

    The firm have confirmed that whenever an appeal is/was lodged in relation to a debt being pursued by Gladstones, they would not adjudicate on this. Therefore, not entering into a conflicted situation.

    We have spoken to the firm on a number of occasions about its practices. We have also requested various documents, including copies of letters sent by the firm and the car parking company regarding the recovery of car parking charges.

    Our decision

    We have decided to take no disciplinary or regulatory action.
    We are satisfied that the firm is acting on its clientís (car parking company) instructions.
    The firm is instructed on legitimate claims where the car parking companies have been unsuccessful in recovering parking charges after a number of attempts.
    When a case is subject to investigation, we will, if appropriate, seek to engage constructively with the firm to achieve compliance. In instances where there is an open, co-operative and constructive approach, we may decide to take no formal action.
    Our engagement has resulted in the firm asking its client to add further information to its letters to make details such as legal fees more transparent to the public.
    We are satisfied the firm are committed to working within the requirements of our Code of Conduct.
    Your report, and details of our investigation work will be retained on our records and can be revisited should we have cause to do so. Thank you for taking the time to contact us. Yours sincerely,
    Assessment Team
    Solicitors Regulation Authority
    Enc: Information Sheet - Making a complaint to the SRA - What you need to know
    Direct line 0121 329 6824
    Direct fax 0121 616 1299
    report@sra.org.uk
    We may not win by protesting, but if we donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
    • Castle
    • By Castle 11th Apr 18, 1:49 PM
    • 1,635 Posts
    • 2,193 Thanks
    Castle

    The firm have confirmed that whenever an appeal is/was lodged in relation to a debt being pursued by Gladstones, they would not adjudicate on this. Therefore, not entering into a conflicted situation.
    Originally posted by markudman
    But the Director(s) of Gladstones run the IPC/IAS and simply change "hats" to adjudicate.
    • markudman
    • By markudman 11th Apr 18, 2:00 PM
    • 207 Posts
    • 123 Thanks
    markudman
    But the Director(s) of Gladstones run the IPC/IAS and simply change "hats" to adjudicate.
    Originally posted by Castle
    I think it's auto-respond reject, reject if the SRA will not do anything about them who can?
    We may not win by protesting, but if we donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
    • Castle
    • By Castle 11th Apr 18, 2:10 PM
    • 1,635 Posts
    • 2,193 Thanks
    Castle
    I think it's auto-respond reject, reject if the SRA will not do anything about them who can?
    Originally posted by markudman
    Maybe you'll need to ask a different question, such as:-
    Do any of the solicitors of Gladstones have any involvement in the IAS process?

    (i.e:-Make your complaint about the solicitors individually rather than the firm.)
    • beamerguy
    • By beamerguy 11th Apr 18, 2:23 PM
    • 7,171 Posts
    • 9,492 Thanks
    beamerguy
    We have spoken to the firm on a number of occasions about its practices. We have also requested various documents, including copies of letters sent by the firm and the car parking company regarding the recovery of car parking charges.

    They have spoken to the firm before ?????

    Does that not ring an alarm bell in the heads of the SRA ???

    The SRA are burying their heads in the sand about this
    mega Gladstones scam

    Should we trust any solicitor who belongs to the SRA,
    seems not
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • The Deep
    • By The Deep 12th Apr 18, 6:08 PM
    • 9,053 Posts
    • 8,738 Thanks
    The Deep
    I wonder if this was written before the MP complained.
    You never know how far you can go until you go too far.
    • markudman
    • By markudman 14th Apr 18, 7:48 PM
    • 207 Posts
    • 123 Thanks
    markudman
    Can I do A SAR on the SRA to found out how many complaints that have had about Gladstones?
    Is that a mouthful or what
    We may not win by protesting, but if we donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
    • KeithP
    • By KeithP 14th Apr 18, 8:04 PM
    • 6,647 Posts
    • 5,849 Thanks
    KeithP
    SAR = Subject Access Request.

    You, the subject, can request all the data a company or organisation holds about you.

    You have no right to the data a company or organisation holds about someone else by using a SAR.
    .
    • Umkomaas
    • By Umkomaas 14th Apr 18, 8:48 PM
    • 17,295 Posts
    • 27,252 Thanks
    Umkomaas
    SAR = Subject Access Request.

    You, the subject, can request all the data a company or organisation holds about you.

    You have no right to the data a company or organisation holds about someone else by using a SAR.
    Originally posted by KeithP
    And I don't think FOI will work either - pity!
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • markudman
    • By markudman 17th Apr 18, 6:07 PM
    • 207 Posts
    • 123 Thanks
    markudman
    The Localism Act 2011 has nothing to do with private parking. It's all to do with how Parishes and other councils divy up the work / costs/ income.

    Why do you think it might be relevant?
    Originally posted by IamEmanresu
    Just found this on the Ombudsman website

    As part of the Localism Act 2011 designated persons were introduced by the Government to improve the chances of complaints about housing being resolved locally and to involve local politicians and local people in resolving local housing issues. When a landlordís internal complaints procedure is finished tenants of housing associations, local authorities and ALMOís can ask for their complaint to be considered by a designated person. Tenants and designated persons may find it helpful to use our free online training on resolving disputes.
    We may not win by protesting, but if we donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
    • IamEmanresu
    • By IamEmanresu 18th Apr 18, 6:12 AM
    • 2,260 Posts
    • 4,002 Thanks
    IamEmanresu
    You do realise that all government promises are not binding but only aspirations unlike contract law. So given they aspire to have a system, what is it. Perhaps this is what you are looking for, and perhaps you want to test it. Note the caveats.

    The Housing Ombudsman and designated persons Early and local resolution is the best possible outcome to a complaint. We will encourage positive relationships between landlords and tenants and the designated persons to achieve this. We will also provide information and advice to support designated persons in improving the methods and approaches they might use to resolve a dispute. Whilst we will not comment on designated persons!!!8217; decisions we will feedback on referrals from designated persons to improve complaints handling at all levels.

    Although we can advise designated persons on good practice in complaint handling, the Ombudsman has no jurisdiction over designated persons and has no authority to regulate or produce guidance for their selection, activity or conduct.

    The Ombudsman is required to maintain a register of recognised Tenant Panels (if you would like to register a Tenant Panel please email the details to info@housing-ombudsman.org.uk). However, we do not oversee the involvement of panels or any other designated person in the local resolution
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
    • markudman
    • By markudman 18th Apr 18, 8:11 AM
    • 207 Posts
    • 123 Thanks
    markudman
    Just found this on the Ombudsman website

    As part of the Localism Act 2011 designated persons were introduced by the Government to improve the chances of complaints about housing being resolved locally and to involve local politicians and local people in resolving local housing issues. When a landlordís internal complaints procedure is finished tenants of housing associations, local authorities and ALMOís can ask for their complaint to be considered by a designated person. Tenants and designated persons may find it helpful to use our free online training on resolving disputes.
    Originally posted by markudman
    Thank you I sent this to my MP and they sent me a link for a form to fill out, they are not interested at all.
    We may not win by protesting, but if we donít protest we will lose.
    If we stand up to them, there is always a chance we will win.
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