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  • FIRST POST
    • Tiddlypeep
    • By Tiddlypeep 17th May 18, 5:07 PM
    • 4Posts
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    Tiddlypeep
    District Enforcement Parking Charge Notice / Gladstones solicitors Letter Before Claim Scotland
    • #1
    • 17th May 18, 5:07 PM
    District Enforcement Parking Charge Notice / Gladstones solicitors Letter Before Claim Scotland 17th May 18 at 5:07 PM
    Hi there,

    Today as the Keeper of the vehicle in question, I have received a 'Letter before Claim' from Gladstones Solicitors, in respect of a PCN that remains unpaid by District Enforcement, who have recently taken over the parking restrictions at the site in question.

    Car was parked at a free carpark that is for use of Gym members and the PCN is in regards to not having a valid permit displayed. The Gym in question has never offered members of the Gym a permit to park and to the best of my knowledge after looking at cars parked in the car park today no cars that I have seen have permits displayed (including those in disabled bays).

    As the alleged 'offence' happened in Scotland, I have so far ignored all letters from District Enforcement, including the recorded delivery letter they sent me requesting payment. Today I have received this letter before claim from Gladstones now demanding 160 (They had added 60 on top of the 100 charge) within 30 days or they 'have been instructed to commence legal proceedings, if the outstanding debt is not paid in full'.

    As the keeper of the vehicle should I be worried about this letter? I can't remember who was driving the vehicle at the time of the offence (there are multiple drivers of the vehicle in question) and I'm unsure of the issue of keeper liability in Scotland. Just a little bit worried because I've read that District Enforcement are ruthless when it comes to Court Proceedings.

    I have contacted the Gym in question to complain about the harassment that this company is causing but haven't heard anything back from them as yet.

    Any help is appreciated.

    Thanks in advance.
Page 1
    • Redx
    • By Redx 17th May 18, 5:08 PM
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    Redx
    • #2
    • 17th May 18, 5:08 PM
    • #2
    • 17th May 18, 5:08 PM
    are you sure it was GLADRAGS that sent this new demand ? and not DRP ?

    is the reference starting with a 1 or a 3 ?

    who does it say to contact to pay ? GSL or DRP ?

    there is NO keeper liability in Scotland, you do not have the law named POFA2012 like we do here in E & W

    the NEWBIES FAQ sticky thread tells you about Scotland issues
    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
    • Tiddlypeep
    • By Tiddlypeep 17th May 18, 5:12 PM
    • 4 Posts
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    Tiddlypeep
    • #3
    • 17th May 18, 5:12 PM
    • #3
    • 17th May 18, 5:12 PM
    Letter is headed by Gladstones and the reference starts with a 1.

    Says to contact to pay Gladstones.

    I read the Newbies FAQ already but was unsure because Gladstones have sent this letter, I know they are designed to generate a reaction but it does seem 'official'

    Thanks for your reply.
    • Redx
    • By Redx 17th May 18, 5:16 PM
    • 18,113 Posts
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    Redx
    • #4
    • 17th May 18, 5:16 PM
    • #4
    • 17th May 18, 5:16 PM
    in that case it is "official" as its from GLADRAGS themselves

    if you are in Scotland they would have to use the new small claims system you have up there which is different to the E & W one , and as I said there is no keeper liability in Scotland, so a simple defence is "I was not the driver and do not know their identitiy either"

    without POFA2012 you are not liable
    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
    • Tiddlypeep
    • By Tiddlypeep 17th May 18, 5:21 PM
    • 4 Posts
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    Tiddlypeep
    • #5
    • 17th May 18, 5:21 PM
    • #5
    • 17th May 18, 5:21 PM
    Thanks,

    Should I respond to them or just ignore them further? I have already contacted the Gym in question regarding this as I gave them the previous PCN notice and the manager said he would deal with it, heard nothing and got this through the mail today?

    Thanks for your help and time.
    • Redx
    • By Redx 17th May 18, 5:27 PM
    • 18,113 Posts
    • 22,902 Thanks
    Redx
    • #6
    • 17th May 18, 5:27 PM
    • #6
    • 17th May 18, 5:27 PM
    keep on at the landowner for the time being

    I fail to see why you as keeper should respond to it at all, seeing that as keeper you are not liable for it

    so unless somebody who knows about responses from people in Scotland gives you better advice than I can , dont bother

    if there are LBC responses that apply according to Scottish law , plus anything in your new simple procedures court case system that means you need to do something , I am sure somebody else will tell you what that is

    as these cases so rarely go to the scottish courts, its hard to give definitive answers, whereas here in E & W , its a tsunami of court cases and our MCOL system is not the same as anything you have (similar maybe , but not the same)

    my advice as a non-legal person ? IGNORE gladrags and keep on that gym managers back about it because the PPC is not there to harass legitimate customers, only blaggers who arent gym members etc
    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
    • Tiddlypeep
    • By Tiddlypeep 17th May 18, 5:31 PM
    • 4 Posts
    • 0 Thanks
    Tiddlypeep
    • #7
    • 17th May 18, 5:31 PM
    • #7
    • 17th May 18, 5:31 PM
    Thanks Redx,

    That confirms what I was originally thinking.

    Appreciate your time and advice.
    • Coupon-mad
    • By Coupon-mad 17th May 18, 8:43 PM
    • 57,393 Posts
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    Coupon-mad
    • #8
    • 17th May 18, 8:43 PM
    • #8
    • 17th May 18, 8:43 PM
    somebody who knows about responses from people in Scotland
    Not really, but it's under the Scottish 'Simple Procedure' which is easy to Google:

    https://www.mshblegal.com/Litigation-Blogs/Litigation/litigation-in-scotland-new-simple-procedure-rules.html

    http://www.scotcourts.gov.uk/taking-action/simple-procedure/simple-procedure---responding-to-a-claim

    I seem to recall that pre-action contact is not a requirement (but a response will look better later, of a claim is pursued, which really is no biggie and does not expose you to risk or huge costs).

    I can't see DE and Gladstones fielding a Scottish claim, but if they do, they are not organised with English ones (you'd be surprised) so I would expect no better if they tried a claim in Scotland.

    And you have various grounds for defence.

    Go and get it in writing from the Gym NOW, this coming weekend, that no permits are issued to patrons to display, and the Gym encourages and invites patrons to park when using the Gym, so any contract requiring a permit is null and void... (or similar wording) signed by the Manager.

    Ideally, if the Gym Manager would also confirm - in writing, signed & dated, or by email if that's all they will do - that they want the charge cancelled because the keeper's family member(s) are patrons of the Gym, and the Gym does not support legal action in this case, that would really assist you.
    Last edited by Coupon-mad; 17-05-2018 at 8:47 PM.
    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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