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  • FIRST POST
    • deedot
    • By deedot 1st Sep 18, 3:46 PM
    • 12Posts
    • 1Thanks
    deedot
    Gladstones Letter Before Claim
    • #1
    • 1st Sep 18, 3:46 PM
    Gladstones Letter Before Claim 1st Sep 18 at 3:46 PM
    Hi,

    I received parking charge notices while parking in a residential area without a permit. I was parking in my own allocated parking bay for my flat but forgot to display a permit.

    I stupidly ignored these and the letters that followed and last week received a letter before claim by Gladstones on behalf of Link Parking.

    I have read a number of threads on these so thought I'd start my own to keep track of it.

    Questions:

    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?

    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?

    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?

    Thanks,
    deedot
    Last edited by deedot; 01-09-2018 at 3:50 PM.
Page 1
    • Coupon-mad
    • By Coupon-mad 1st Sep 18, 10:52 PM
    • 64,896 Posts
    • 77,471 Thanks
    Coupon-mad
    • #2
    • 1st Sep 18, 10:52 PM
    • #2
    • 1st Sep 18, 10:52 PM
    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.
    Last edited by Coupon-mad; 05-09-2018 at 6:02 PM.
    • deedot
    • By deedot 5th Sep 18, 5:45 PM
    • 12 Posts
    • 1 Thanks
    deedot
    • #3
    • 5th Sep 18, 5:45 PM
    • #3
    • 5th Sep 18, 5:45 PM
    Can be served by email, no worries. No need to fill in the trashy 'reply papers'.

    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 car, 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.

    Wait till defence stage and let them fall down that hole. No tipping them off yet.
    Originally posted by Coupon-mad
    Thank you!

    I sent the letter off with the paragraph you included above and lo and behold they sent me a template letter in response saying that they need sufficient documentation to verify my identity and that I need to provide proof of residence.

    Here is the letter they have responded with:

    Request for Rectification of Data

    We write further to your telephone conversation with our office on xxx, when you provided a different address to the address we hold on file.

    We require sufficient documentation to enable us to verify your identity. Please provide proof of residence (utility bill/bank statement) of the address you wish for us to hold.

    These documents can be emailed to; DataProtectionOfficer@gladstonessolicitors.co.uk

    Whilst we write to the address provided on this occasion, no update to our system will be made until we are in receipt of the requested documents.

    Please note we do not retain identification documents.

    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.

    Please note that we may close your request if we do not receive the above mentioned documentation from you within 10 working days of the date of this letter.

    Please do not hesitate to contact us if you need any further assistance. This matter is being dealt with by Leanne Hayward under the supervision of the firmís Data Protection Officer, who will be pleased to assist.

    Yours sincerely


    Leanne Hayward
    Gladstones Solicitors


    Please note I did not telephone them, and their letter actually states I telephoned them on xxx <- I did not censor the date above, it literally says xxx.

    How should I respond to this?
    • Coupon-mad
    • By Coupon-mad 5th Sep 18, 6:08 PM
    • 64,896 Posts
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    Coupon-mad
    • #4
    • 5th Sep 18, 6:08 PM
    • #4
    • 5th Sep 18, 6:08 PM
    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.
    Last edited by Coupon-mad; 05-09-2018 at 6:10 PM.
    • deedot
    • By deedot 25th Sep 18, 8:28 PM
    • 12 Posts
    • 1 Thanks
    deedot
    • #5
    • 25th Sep 18, 8:28 PM
    • #5
    • 25th Sep 18, 8:28 PM
    An update to this case:

    I have now received an update from Gladstones after sending a response to "Leanne".

    They have now sent me an email with a bundle of documents attached. They have asked me to pay £160 or will issue a claim without any further correspondence.

    The documents attached are:
    - Warning private land contractual agreement which doesn't have a location number (seems like a default template)
    - The original parking charge notice dated 3/6/18
    - Notice to keeper with a parking charge of £100
    - Letter before claim dated 22/8/18
    - Pictures of my car parked in my parking space with parking charge notice stuck on (pictures are dated 3/6/18 and show front, side, side and car with the agreement in view)

    The last picture with the car and the agreement shows my number plate clearly but the agreement is not legible.

    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?

    Do I now just wait until the claim begins or do I respond to this?

    Thanks!
    • Coupon-mad
    • By Coupon-mad 26th Sep 18, 10:27 PM
    • 64,896 Posts
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    Coupon-mad
    • #6
    • 26th Sep 18, 10:27 PM
    • #6
    • 26th Sep 18, 10:27 PM
    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.
    Last edited by Coupon-mad; 26-09-2018 at 10:30 PM.
    • deedot
    • By deedot 13th Oct 18, 10:48 AM
    • 12 Posts
    • 1 Thanks
    deedot
    • #7
    • 13th Oct 18, 10:48 AM
    • #7
    • 13th Oct 18, 10:48 AM
    Further update after my recent response:

    - They have now provided confirmation they updated my home address record
    - Disclosure of all recipients of my personal data
    - And a GDPR compliment response (not sure if it is fully compliant)

    They have not provided:

    - All photos (other than the photos they already provided)
    - Information regarding the permit

    They did not comment on my right as resident.

    I assume I now go back and further request photos and information re permit?

    Thank you so far Coupon-Mad, you've been great!
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