Gladstones Letter Before Claim

I will be replying with Daniel San's response to the LBC but was wondering if the response has to be by letter or can be done by email only?

Can be served by email, no worries. No need to fill in the trashy 'reply papers'.

The letter I received from Gladstone's also went to my old address. I assume I should put something at the bottom of my response to state that further correspondence be sent to my new address?

Yes, state that this is your address for service and you require Gladstones and their client to erase the old address from their data storage and make the required amendment to show the correct address, immediately.

And state that, if Gladstones play a delaying card, by unreasonably demanding a copy of a utility bill for the address for service, you will make a formal complaint to the Information Commissioner because a Defendant is perfectly at liberty to provide their new address for service by letter/email, and does not have to prove that address in any way whatsoever.

The location, specifically the road, which Gladstone claims the PCN was placed is wrong. It is the road adjacent to the road which I park, can this be argued somehow?

Wait till defence stage and let them fall down that hole. No tipping them off yet.

Under the General Data Protection Regulation we are obliged to respond to your request within one month of receiving it but please note that the one month compliance will not start until we receive proof of your identity.

Reply and tell them you will report them to the SRA and to the ICO if they refuse to accept your address for service as stated. Give her ONE WEEK to get the old address data erased.

Remind them of the CPR rule about an address for service - if it has been provided, it must be used by a Claimant (don't use those words - Google the CPR rule and cite it).

And that asking for a Utility Bill from the new address is an excessive data demand and does not 'identify the person' nor connect them back to the old address in any way, and nor does an address for service have to be an address where the Defendant pays a Utility Bill, or even lives. As they are a firm of solicitors, they know that a service address is merely an address at which a party in litigation can be served/contacted in connection with re-claim or claim letters.

And finish by telling 'Leanne' to kindly not patronise you in such a bland way ''Please do not hesitate to contact us if you need any further assistance'' because Gladstones is not 'assisting' the robo-claim consumer victims that they line up like ducks in a row, to help their IPC member mates to sue with baseless claims.*



* I really would add that. Show your wrath.

the agreement

Don't call the faded/small signs 'the agreement'. That plays into their hands.

The pictures show that my permit wasn't shown on my dashboard. However, I do want to state the fact that this is my own parking space! Is this not technically my land?

It's your land if you own it as a demised space in your lease. If it's just an allocated space, then still you can argue that you have 'primacy of contract' if you were offered that space as part of your lease/tenancy agreement, and without charges being agreed or a contract obliging you to 'display a permit or be fined'.


Reply to the email and ask for:

- all photos taken on the day, and this (and your last request) should have been treated as a SAR, and must be treated as such now by their client's Data Protection Officer ensuring disclosure of ALL data held, not a stock signage mock up.

- the data they hold relating to your home address and that space/that permit, this also being 'personal data' including but not limited to copies of letters/emails sent to that address, a copy of the permit issued and when, and proof of delivery

- confirmation that they/their client have erased the old address from all records

- inform the data subject about the details of all recipients to whom the personal data (including VRN and addresses) has been disclosed

- a GDPR-compliant reply from their DPO, to your rectification notice.

Cite this too:

Art. 19 GDPR Notification obligation regarding rectification or erasure of personal data or restriction of processing
1 The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort.

The controller shall inform the data subject about those recipients if the data subject requests it.

And if you have a right to park in your lease/AST, disclose NOW the excerpt you are relying on (e.g. a map showing your space and demising it to your flat?).

Attach your proof of primacy of contract and demand to know how this parking firm thinks it can disregard your primary rights as resident, trespass on your space and car, and charge you a 3 figure sum, when in fact parking rights have already been conveyed under your lease/tenancy agreement, without charge.