Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • gemzizzle
    • By gemzizzle 13th Mar 18, 9:13 PM
    • 4Posts
    • 1Thanks
    gemzizzle
    Gladstones "further legal action"
    • #1
    • 13th Mar 18, 9:13 PM
    Gladstones "further legal action" 13th Mar 18 at 9:13 PM
    Hi all,

    A few months ago, I used an NCP car park but was about 10 minutes late returning. I didn't realise that it was a camera system, and thought I'd get away with it (stupid, I know). I ignored the letters thinking they'd go away, but eventually got one from Gladstones which said that if I didn't pay 160 then "further action will be taken", not may, so I went on their portal and submitted the following dispute:

    "I dispute the debt because: Firstly, any claim above the initial amount is invalid, as your client has been sending all correspondence to my old address, even though my current address has been registered with the DVLA (I can provide a copy of my license if necessary). In any case, I only overstayed in the car park for a matter of minutes. It was a weekday evening, and the car park was not even half full. Your monetary claim is disproportionate, punitive and unjustifiable in total. It may also be an unfair term and therefore in breach of Schedule 2 of the Consumer Contracts Regulations 1999. The contractual breach can have caused no financial loss whatever to your client, but if you believe it has please set out the details clearly in your response. There were, for example, unoccupied places available for others to park so my presence did not prevent the parking of other cars and their making of payments."

    and they replied today:

    "Thank you for your correspondence, our reply to which is set out below.

    Correspondence

    You allege not to have had any notice of this incident yet our client informs us that notices were sent. Notwithstanding this you are now aware of the parking charge and haven't paid it. If you have in fact moved addresses please now provide us with a serviceable address.

    The Charge

    The charge sought is industry standard and is set at a rate so as to suitably satisfy our client's legitimate interest. In the case of ParkingEye v Beavis 2015 it was held that an 85.00 charge was neither extravagant nor unconscionable. The Accredited Trade Associations of which parking operators must be a member in order to apply for DVLA data prescribe a maximum charge of 100 and our client's charges are within this level. The charge is not therefore excessive.

    The decision of the Supreme Court also made it clear that the charges are not penal nor do they have to be reflective of the parking operator's loss.

    Contract

    You infer there was no contract. The rules of interpretation require simply that the parties knew of their obligations to one-another. You were offered use of the Land by way of signage and could either follow the rules and avoid a parking charge or breach the rules and agree to pay the charge set out on the signs."

    I'm just looking for some advice really, on what to reply or if I should just pay up? I don't want to be taken to court but 160 is an awful lot of money does anyone know the amount I'd have to pay if it did get taken to court?

    Thank you!
Page 1
    • KeithP
    • By KeithP 13th Mar 18, 9:21 PM
    • 7,240 Posts
    • 6,769 Thanks
    KeithP
    • #2
    • 13th Mar 18, 9:21 PM
    • #2
    • 13th Mar 18, 9:21 PM
    The address on your Driving Licence is unimportant in this context.

    What matters is the address on your vehicle's V5c (log book).
    Is the vehicle registered at the correct address?

    Also, what is "Schedule 2 of the Consumer Contracts Regulations 1999"?
    Last edited by KeithP; 13-03-2018 at 9:34 PM.
    .
    • Redx
    • By Redx 13th Mar 18, 9:25 PM
    • 18,139 Posts
    • 22,949 Thanks
    Redx
    • #3
    • 13th Mar 18, 9:25 PM
    • #3
    • 13th Mar 18, 9:25 PM
    you were very , VERY FOOLISH to write back and name the driver

    naming the driver means it is likely that they will issue an MCOL for an unpaid invoice

    a typical loss in court is about 175 , possibly less depending on the judge, assuming you lost

    you might win on grace periods or some other legal technicality

    it would have been better if the driver had not been named as they would have had to comply with a law called POFA2012 if taking the keeper to court

    blabbing costs money

    and as mentioned above, the Driving Licence has no input on these issues , only the V5C log book
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 13th Mar 18, 9:34 PM
    • 57,560 Posts
    • 71,120 Thanks
    Coupon-mad
    • #4
    • 13th Mar 18, 9:34 PM
    • #4
    • 13th Mar 18, 9:34 PM
    Luckily, it's only NCP and you appear to have replied to a debt collector letter (not a real solicitor's letter at all).

    Hopefully you have seen the NEWBIES thread and know to do a Google search of BMPA Insight and the name/acronym of the parking firm, to see they NEVER sue.

    You should not have responded and certainly not giving away the driver AND admitting overstaying!

    Just to add again - LUCKILY IT'S ONLY NCP.

    NO-ONE IS TELLING YOU TO PAY!
    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.

    • gemzizzle
    • By gemzizzle 13th Mar 18, 9:36 PM
    • 4 Posts
    • 1 Thanks
    gemzizzle
    • #5
    • 13th Mar 18, 9:36 PM
    • #5
    • 13th Mar 18, 9:36 PM
    The address on your Driving Licence is unimportant in this context.

    What matters is the address on your vehicle's V5c (log book).
    Is the vehicle registered at the correct address?

    Also, what is "Schedule 2 of the Consumer Contracts Regulations 1999"?
    Originally posted by KeithP
    I saw the Schedule 2 thing on a template appeal letter online, I'm not sure what it is
    Would the log book address just be written in the paperwork somewhere or can I access it online?
    I'm a student and the "old" address I referred to is my parents' address not my term time address, so I thought I could get away with that as I can prove I've moved here, but I might still have the car registered there, I didn't realise that was how it worked. I assumed because the letter I got from Gladstones came to my uni address that I could pretend I had no access to previous letters. I'm finding it all a bit of a minefield to be honest and am not sure what I'm doing.
    • gemzizzle
    • By gemzizzle 13th Mar 18, 9:39 PM
    • 4 Posts
    • 1 Thanks
    gemzizzle
    • #6
    • 13th Mar 18, 9:39 PM
    • #6
    • 13th Mar 18, 9:39 PM
    you were very , VERY FOOLISH to write back and name the driver

    naming the driver means it is likely that they will issue an MCOL for an unpaid invoice

    a typical loss in court is about 175 , possibly less depending on the judge, assuming you lost

    you might win on grace periods or some other legal technicality

    it would have been better if the driver had not been named as they would have had to comply with a law called POFA2012 if taking the keeper to court

    blabbing costs money

    and as mentioned above, the Driving Licence has no input on these issues , only the V5C log book
    Originally posted by Redx
    So if it went to court I would only lose a few pound more than if I paid up now?
    I realise naming the driver was foolish, I just got scared because the letter said "further legal action will be taken", when previously it had just said "may be taken", so thought I'd better submit my case.
    • Coupon-mad
    • By Coupon-mad 13th Mar 18, 9:40 PM
    • 57,560 Posts
    • 71,120 Thanks
    Coupon-mad
    • #7
    • 13th Mar 18, 9:40 PM
    • #7
    • 13th Mar 18, 9:40 PM
    Luckily, it's only NCP! Start ignoring them.

    I told you how to Google search & see that NCP do NOT do court!
    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.

    • gemzizzle
    • By gemzizzle 13th Mar 18, 9:51 PM
    • 4 Posts
    • 1 Thanks
    gemzizzle
    • #8
    • 13th Mar 18, 9:51 PM
    • #8
    • 13th Mar 18, 9:51 PM
    Luckily, it's only NCP and you appear to have replied to a debt collector letter (not a real solicitor's letter at all).

    Hopefully you have seen the NEWBIES thread and know to do a Google search of BMPA Insight and the name/acronym of the parking firm, to see they NEVER sue.

    You should not have responded and certainly not giving away the driver AND admitting overstaying!

    Just to add again - LUCKILY IT'S ONLY NCP.

    NO-ONE IS TELLING YOU TO PAY!
    Originally posted by Coupon-mad
    Oh my goodness, I just looked on BMPA! That's crazy! Thank you I feel so much better now
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

128Posts Today

1,804Users online

Martin's Twitter
  • It's the start of mini MSE's half term. In order to be the best daddy possible, Im stopping work and going off line? https://t.co/kwjvtd75YU

  • RT @shellsince1982: @MartinSLewis thanx to your email I have just saved myself £222 by taking a SIM only deal for £7.50 a month and keeping?

  • Today's Friday twitter poll: An important question, building on yesterday's important discussions: Which is the best bit of the pizza...

  • Follow Martin