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  • FIRST POST
    • jord12311
    • By jord12311 7th Aug 18, 1:28 PM
    • 6Posts
    • 1Thanks
    jord12311
    Gladstone agreed to pay
    • #1
    • 7th Aug 18, 1:28 PM
    Gladstone agreed to pay 7th Aug 18 at 1:28 PM
    Hi,

    I'm new and don't think I've seen this post anywhere, but please let me know otherwise.

    My mother received a number of PCN's from Minster Baywatch after parking on the lower ground of a car park (she has a Parking Permit which apparently is only for the upper ground). Signage was poor and the tickets came after an ANPR camera was installed (all within one week of each other). She tried to appeal directly to Minster Baywatch, failed, and has since agreed to pay Gladstones solicitors through monthly instalments after having had a CCJ default judgement against her. She's only just told me about this - is there anything we can do before she makes her first payment? She has just over a week according to the letter to 'prevent this case being passed to a debt collection enforcement agency'.

    As a side note, we moved house midway through this, and so any letter she received were delayed through Royal Mail's redirection. When my mother sent the letter agreeing to pay she told them her new address, but they've still sent the letter to the old address again...I don't know if this makes any difference!

    Thanks!
    Last edited by jord12311; 07-08-2018 at 1:33 PM.
Page 1
  • archived user
    • #2
    • 7th Aug 18, 1:34 PM
    • #2
    • 7th Aug 18, 1:34 PM
    Pay 255 for a set-aside though it is likely she has made this difficult for herself by agreeing to pay. The facts of the case will also have a major bearing too.

    Form is here

    https://formfinder.hmctsformfinder.justice.gov.uk/n244-eng.pdf
    • jord12311
    • By jord12311 8th Dec 18, 10:25 PM
    • 6 Posts
    • 1 Thanks
    jord12311
    • #3
    • 8th Dec 18, 10:25 PM
    • #3
    • 8th Dec 18, 10:25 PM
    Hi everyone,

    Further to this story, another PCN was issued around the same time for when she used my car with her permit. I replied to the Letter Before Claim with a template I found on this site, asking for a number of things and them to follow the protocol etc. If people are unsure of what this means I will upload the letter I sent, it was based on a template found on this forum. Basically I asked for:
    1. An explanation of the cause of action
    2. Whether they are pursuing me as driver or keeper
    3. Whether they are relying on the provisions of Schedule 4 of POFA 2012
    4. What the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
    5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
    6. Is the claim for trespass? If so, provide details.
    7. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1; establishing yourself as the creditor.
    8. A plan showing where any signs were displayed
    9. Details of the signs displayed (size of sign, size of font, height at which displayed)
    10. Provide details of the original charge, and detail any interest and administrative or other charges added
    11. Provide a copy of the Information Sheet and the Reply Form


    They have provided a letter saying this is what their client is relying on, and have provided a copy of the sign, pictures of these signs, a map of these signs on the premises and pictures from an ANPR of the vehicle in question arriving at and leaving the premises.

    My question is how should I now respond to their letter? They clearly didn't reply to what I was asking for but I'm unsure how to proceed. Many thanks for any help.
    • The Deep
    • By The Deep 9th Dec 18, 9:24 AM
    • 12,112 Posts
    • 12,195 Thanks
    The Deep
    • #4
    • 9th Dec 18, 9:24 AM
    • #4
    • 9th Dec 18, 9:24 AM
    Take this to your mother's MP. She made a minor human error, she should not be dragged through the courts because of this. If the agreement to pay was the result of threatening language or misinformation she should, imo, refuse to pay a penny.

    Let them do their worst, they are not highly esteemed in County Court circles. In fact they have been criticised several times recently by judges for various unsolicitory behaviours. Read this

    It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

    Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

    Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

    All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.
    You never know how far you can go until you go too far.
    • jord12311
    • By jord12311 14th Dec 18, 1:34 PM
    • 6 Posts
    • 1 Thanks
    jord12311
    • #5
    • 14th Dec 18, 1:34 PM
    • #5
    • 14th Dec 18, 1:34 PM
    Thanks. I'll tell her to take it up with her MP, but will they be able to help with this specific case or will it just add to burden put on the industry?
    • jord12311
    • By jord12311 18th Dec 18, 10:36 AM
    • 6 Posts
    • 1 Thanks
    jord12311
    • #6
    • 18th Dec 18, 10:36 AM
    • #6
    • 18th Dec 18, 10:36 AM
    Hi all, sorry to bother again. I forgot to mention that at the bottom of the letter Gladstone have stated that unless payment is received by X date then they will pursue with a claim without further correspondence. Should I still reply to this letter even though they have said that, or should I just wait for a Letter Before Claim? Thanks
    • nosferatu1001
    • By nosferatu1001 18th Dec 18, 10:50 AM
    • 4,890 Posts
    • 5,935 Thanks
    nosferatu1001
    • #7
    • 18th Dec 18, 10:50 AM
    • #7
    • 18th Dec 18, 10:50 AM
    They are making it a letter before claim in essence, if not in the correct content, so yes of course you respond

    A "WILL DO COURT BY X DATE" makes it a LBA in terms of you needing to respond.
    • beamerguy
    • By beamerguy 18th Dec 18, 11:25 AM
    • 10,601 Posts
    • 14,042 Thanks
    beamerguy
    • #8
    • 18th Dec 18, 11:25 AM
    • #8
    • 18th Dec 18, 11:25 AM
    Hi all, sorry to bother again. I forgot to mention that at the bottom of the letter Gladstone have stated that unless payment is received by X date then they will pursue with a claim without further correspondence. Should I still reply to this letter even though they have said that, or should I just wait for a Letter Before Claim? Thanks
    Originally posted by jord12311
    Is this a LBC ???? Does it give you proof of their claim, does it provide photo evidence, does it give you 30 days to respond
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • jord12311
    • By jord12311 19th Dec 18, 12:02 PM
    • 6 Posts
    • 1 Thanks
    jord12311
    • #9
    • 19th Dec 18, 12:02 PM
    • #9
    • 19th Dec 18, 12:02 PM
    It's not a LBC, it's a letter which in response to my requests that I made, they've attached that there 'client would seek to rely on should a claim in this matter be issued'. They have included a response form at the back too. It does include some evidence (ANPR cameras of vehicle entering/leaving, pictures of signposts and map of locations of signage). Interestingly they have stated 'we invite you to make payment of the full outstanding sum before 3 January 2018'. This is obviously an error on their part, a simple error similar to the one my mother made when parking my car with her permit...
    • The Deep
    • By The Deep 19th Dec 18, 12:15 PM
    • 12,112 Posts
    • 12,195 Thanks
    The Deep
    Thanks. I'll tell her to take it up with her MP, but will they be able to help with this specific case or will it just add to burden put on the industry?
    Originally posted by jord12311
    Unlikely, many PPCs do not bother to reply to MPs, but it is surely worth a try.
    You never know how far you can go until you go too far.
    • jord12311
    • By jord12311 26th Dec 18, 9:08 PM
    • 6 Posts
    • 1 Thanks
    jord12311
    Just before I send off my reply, I have realised that the they are replying to a letter I sent in August, in which I was replying to a LBC. They have then obviously taken 4 months to reply, saying they may proceed with the claim as per their clients requests, without providing everything I'd asked for. Does this sound like the normal procedure for these companies? It seems strange that they issued a LBC, I replied saying I needed X documentation, and they've replied with some of it and said they may take it forward?
    • Redx
    • By Redx 26th Dec 18, 9:55 PM
    • 21,423 Posts
    • 26,972 Thanks
    Redx
    so send the PPC a SAR by email to their DPO to get any data and docs they have on you
    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
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