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  • FIRST POST
    • jord12311
    • By jord12311 7th Aug 18, 1:28 PM
    • 2Posts
    • 0Thanks
    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
    • IamEmanresu
    • By IamEmanresu 7th Aug 18, 1:34 PM
    • 3,783 Posts
    • 6,224 Thanks
    IamEmanresu
    • #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
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to RTFM - the Civil Procedure Rules
    2. Failing to Acknowledge or Defend- See #1
    3. Failing to RTFCL - the Court letters
    4. Template defences that say nothing - See #1
    5. Forgetting about the Witness Statement - See #3
    • jord12311
    • By jord12311 8th Dec 18, 10:25 PM
    • 2 Posts
    • 0 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
    • 10,986 Posts
    • 10,953 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.
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