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
    • davev40
    • By davev40 9th May 18, 6:12 PM
    • 9Posts
    • 3Thanks
    davev40
    gladstones letter
    • #1
    • 9th May 18, 6:12 PM
    gladstones letter 9th May 18 at 6:12 PM
    ok so been holding off for quite some time now. back in October last year the driver was caught on anpr cameras in an ncp car park for being about 20 minutes over their time. as it was late at night and the show they had gone to watch had over run they didn't want to walk back to their car alone. Going on bad advise and not knowing the changes in the law it got totally ignored. There has been no correspondence from this end and have not spoke called or written to anyone involved. Now after numerous threatening letters they has finally got a letter from Gladstone solicitors. Their client is NCP and they want a payment via gslcollections.
    Part of the letter says "As all other attempts have failed our client may now instruct us to take legal action against you in tge county court. To prevent such action we imvite you to pay immediatly.
    The question is now what should they do?
    Last edited by davev40; 09-05-2018 at 9:23 PM. Reason: not keeping to guidlines
Page 1
    • Redx
    • By Redx 9th May 18, 7:03 PM
    • 19,874 Posts
    • 25,173 Thanks
    Redx
    • #2
    • 9th May 18, 7:03 PM
    • #2
    • 9th May 18, 7:03 PM
    edit the last post to remove who did what

    use the words the DRIVER , and the KEEPER , 2 DIFFERENT ENTITIES !!

    the KEEPER is the one receiving the letters and so should read post #2 of the NEWBIES FAQ sticky thread and issue a rebuttal (treating this latest letter as an LBC)

    this is on the assumtion that the keeper wishes to fight this and preferably not pay it

    in future, you should read and follow that NEWBIES FAQ sticky thread for the correct advise on private parking notices
    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
    • davev40
    • By davev40 9th May 18, 7:18 PM
    • 9 Posts
    • 3 Thanks
    davev40
    • #3
    • 9th May 18, 7:18 PM
    • #3
    • 9th May 18, 7:18 PM
    I would edit it if I could but for some reason it won't let me. unfortunately I didn't come across this site until it was too late. I will take your advise
    • KeithP
    • By KeithP 9th May 18, 7:23 PM
    • 10,598 Posts
    • 10,978 Thanks
    KeithP
    • #4
    • 9th May 18, 7:23 PM
    • #4
    • 9th May 18, 7:23 PM
    'it' will let you edit your post.

    Any restriction is due to either the device you are using or the software on it.

    If you were to use a mainstream web browser, and maybe not on a mobile phone, I think you'll be able to overcome that problem.
    .
    • davev40
    • By davev40 9th May 18, 8:31 PM
    • 9 Posts
    • 3 Thanks
    davev40
    • #5
    • 9th May 18, 8:31 PM
    • #5
    • 9th May 18, 8:31 PM
    ok edited now. you was right Keith it was because I was using my mobile. home now and able to use the laptop
    • Redx
    • By Redx 9th May 18, 8:33 PM
    • 19,874 Posts
    • 25,173 Thanks
    Redx
    • #6
    • 9th May 18, 8:33 PM
    • #6
    • 9th May 18, 8:33 PM
    its "their car alone" , please finish the edit , lol
    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
    • davev40
    • By davev40 9th May 18, 8:54 PM
    • 9 Posts
    • 3 Thanks
    davev40
    • #7
    • 9th May 18, 8:54 PM
    • #7
    • 9th May 18, 8:54 PM
    sorry missed that one
    • Redx
    • By Redx 9th May 18, 8:55 PM
    • 19,874 Posts
    • 25,173 Thanks
    Redx
    • #8
    • 9th May 18, 8:55 PM
    • #8
    • 9th May 18, 8:55 PM
    add "car" back in , this isnt rocket science
    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
    • davev40
    • By davev40 9th May 18, 9:23 PM
    • 9 Posts
    • 3 Thanks
    davev40
    • #9
    • 9th May 18, 9:23 PM
    • #9
    • 9th May 18, 9:23 PM
    done. I think lol
    • Coupon-mad
    • By Coupon-mad 10th May 18, 1:42 AM
    • 63,830 Posts
    • 76,487 Thanks
    Coupon-mad
    I suggest you search the forum for NCP Gladstones as this has already been laughed at on other threads this past month. Too much like Groundhog Day on here right now!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • davev40
    • By davev40 10th May 18, 7:23 AM
    • 9 Posts
    • 3 Thanks
    davev40
    would this be ok to reply with via email


    My reference: XXXXXXXXX


    With reference to your Letter Before Claim. I note you have not provided me with the full details of the claim you make i.e. the timings of alleged charge. You have produced times and photographic evidence of the car entering and exiting the car park but not how long the car was actually parked in a space, and you do not state the duration of time that was actually paid for, please provide clear details what you are claiming for?
    .


    Nor does your Letter Before Claim contain any mention of what evidence your client intends to rely on, or enclose copies of such evidence.


    I require your client to comply with its obligations by sending me the following information/documents:

    1. what the details of the claim are (where it is claimed the car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed)
    2. a copy of the contract with the landowner under which they assert authority to bring the claim
    3. a copy of any alleged contract with the driver
    4. a plan showing where any signs were displayed
    5. details of the signs displayed (size of sign, size of font, height at which displayed)
    6. A detailed explanation of costs that you have added on to the original charge, what that represents and how it has been calculated.


    The alleged debt is disputed and any court proceedings will be vigorously defended.

    This Letter Before Claim on the part of your client is a clear breach of its pre-action obligations set out in the Practice Direction - Pre-Action Conduct, with which as solicitors you must surely be familiar with. As you (and your client) must know, the Practice Direction binds all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time.!

    Nobody, including your client, is immune from the requirements and obligations of the Practice Direction.



    I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

    If your client does not provide me with this information then I put you on notice that I will be relying on the cases of!Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) !!!8211; Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855!in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16.


    Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

    Yours faithfully etc.
    • Coupon-mad
    • By Coupon-mad 11th May 18, 12:02 AM
    • 63,830 Posts
    • 76,487 Thanks
    Coupon-mad
    Yes that's fine, if you want to respond.

    We'd be amazed if NCP try claims, and we'd be even more amazed if people here actually lose to them, if they tried court again!
    Last edited by Coupon-mad; 13-05-2018 at 3:44 PM.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • davev40
    • By davev40 13th May 18, 2:17 PM
    • 9 Posts
    • 3 Thanks
    davev40
    thankyou Coupon mad. would you respond with an email or just leave it? As they will totally ignore it anyway
    • Coupon-mad
    • By Coupon-mad 13th May 18, 3:45 PM
    • 63,830 Posts
    • 76,487 Thanks
    Coupon-mad
    As all other attempts have failed our client may now instruct us to take legal action against you in the county court.
    That's not a LBC so no, I would not respond.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • davev40
    • By davev40 17th Jun 18, 8:17 AM
    • 9 Posts
    • 3 Thanks
    davev40
    ok so here is the update. Nothing more heard from gladstones as I chose to ignore but now got a letter similar to the first trace debt recovery letter but this time from bw legal.
    The letter says they have been instructed by ncp to recover the debt and I have 16 days to pay from date of letter.
    if I fail to pay they will seek ncp for further instructions to commence legal proceedings against me in the county court upon being served with a letter of claim pursuant to the pre action protocol for debt claims.

    Do I treat this as an LBC or ignore as before? tia
    • The Deep
    • By The Deep 17th Jun 18, 12:00 PM
    • 10,538 Posts
    • 10,374 Thanks
    The Deep
    As the client is NCP, court action is highly unlikely.

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

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

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

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
    • KeithP
    • By KeithP 17th Jun 18, 9:09 PM
    • 10,598 Posts
    • 10,978 Thanks
    KeithP
    If I fail to pay they will seek ncp for further instructions to commence legal proceedings against me in the county court upon being served with a letter of claim pursuant to the pre action protocol for debt claims.

    Do I treat this as an LBC or ignore as before? tia
    Originally posted by davev40
    They clearly have not yet been instructed by NCP to start legal proceedings, so no this is not a Letter Before Claim.

    As before, ignore.
    .
    • Umkomaas
    • By Umkomaas 17th Jun 18, 9:20 PM
    • 20,226 Posts
    • 31,895 Thanks
    Umkomaas
    If I recall correctly, NCP have been working with Gladstones to handle the very few court claims that have been issued in the past couple of months. Where BWL now come into this, GOK. See how it moves forward. But it's not a LBC at present!
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • davev40
    • By davev40 18th Jun 18, 6:27 AM
    • 9 Posts
    • 3 Thanks
    davev40
    thanks guys I will ignore for now and see what happens next
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

4,610Posts Today

5,854Users online

Martin's Twitter
  • "Sabrina, you're young. I'm not sure you've the experience I'm looking for in a business partner." Eh? Isn't the pr? https://t.co/IeTxBQq2OU

  • I am predicting the word myself will be misused 6 times in today;s boardroom. What do yourself think? #TheApprentice

  • Not sure how I ever succeeded running a successful entreprise? After all my gardening and garden design skills are? https://t.co/FFnvkjsGDU

  • Follow Martin