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  • FIRST POST
    • monde
    • By monde 14th Sep 18, 11:30 AM
    • 5Posts
    • 0Thanks
    monde
    LBC from Gladstone
    • #1
    • 14th Sep 18, 11:30 AM
    LBC from Gladstone 14th Sep 18 at 11:30 AM
    Hi people,

    I have an LBC from Gladstones acting on behalf of One Parking Solution LTD, for a ticket that was issued in 2016. At the time of issue OPS were listed as a dormant company on companies house (I have evidence and not sure if this is relevant or makes any difference). I have been going through the NEWBIES thread, and am trying to draft a response to the LBC, but wondering if there is any point in me bringing this up as part of the response? As far as I understand, a dormant company cannot legally trade, or do I have that completely wrong? Apologies if I have missed any of this information in another thread.

    Regards
Page 1
    • IamEmanresu
    • By IamEmanresu 14th Sep 18, 2:45 PM
    • 3,278 Posts
    • 5,505 Thanks
    IamEmanresu
    • #2
    • 14th Sep 18, 2:45 PM
    • #2
    • 14th Sep 18, 2:45 PM
    Who does the letter say to pay? If it says pay DRP then file and forget.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • monde
    • By monde 14th Sep 18, 4:12 PM
    • 5 Posts
    • 0 Thanks
    monde
    • #3
    • 14th Sep 18, 4:12 PM
    • #3
    • 14th Sep 18, 4:12 PM
    Hi,

    Thanks for the reply. I can't post a link to a picture of The Letter Before Claim they sent, as a newbie, so below is what it states:-

    "We act on behalf of the Claimant and we have now been instructed to commence legal action against you to recover the amount due above, as you have failed to settle the debts that are owing, or provide a valid reason for non-payment. We understand that our client has written to you to request payment but the amounts are still outstanding.

    The charge amount includes x claimed by our client for the time spent and resource facilitating the recovery of the charge. The amount is a pre-determined and nominal contirbution to our client's losses as a direct result of your non-payment.

    In the event the outstanding debt is not paid in full, we are instructed to commence legal proceedings. Our client is satisfied that it has sufficient evidence to support this claim and, if necessary, will rely on this evidence in Court.

    If you believe you have a valid reason for non-payment, you are able to reply pursuant to Paragraph 4 of the Pre-Action Protocol for Debt Claims under the Civil Procedure Rules 1998 ('the PAP'). A version of the Information Sheet and Reply Form taken from the PAP can be completed on our website xxxxxxxx. Before completing the online Reply Form, you must first create a login, for which you will require your reference xxxxx. Alternatively you can request a paper version (see overleaf).

    We refer you to Paragraph 2.1(c) of the PAP which obliges the parties to act reasonably and proportionately.

    Please pay or reply within 30 days of the date of this letter. Any reply received outside of the 30 day period may not be considered as legal proceedings are likely to have been issued.

    To discuss the matter with us, please call xxxxx"
    • IamEmanresu
    • By IamEmanresu 14th Sep 18, 4:18 PM
    • 3,278 Posts
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    IamEmanresu
    • #4
    • 14th Sep 18, 4:18 PM
    • #4
    • 14th Sep 18, 4:18 PM
    Who does the letter say to pay?
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • monde
    • By monde 14th Sep 18, 4:56 PM
    • 5 Posts
    • 0 Thanks
    monde
    • #5
    • 14th Sep 18, 4:56 PM
    • #5
    • 14th Sep 18, 4:56 PM
    The letter has come from Gladstone Solicitors, and on the back it has methods of how to pay them. But in the body of the text in the letter, it does not explicitly say to pay Gladstone or any company for that matter. Just says pay or reply within 30 days.

    Thanks
    • IamEmanresu
    • By IamEmanresu 14th Sep 18, 5:17 PM
    • 3,278 Posts
    • 5,505 Thanks
    IamEmanresu
    • #6
    • 14th Sep 18, 5:17 PM
    • #6
    • 14th Sep 18, 5:17 PM
    Treat it like a Letter before Claim as a claim is on its way. Use the search function to get the template request for the standard information.

    When you get the information we'll have a look and suggest your course of action.OPS are shy of court so it may just be a try on. In addition the usually operate only in the Brighton / Lewes area. The 'dormant' bit is an issue but not a killer.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • monde
    • By monde 14th Sep 18, 5:39 PM
    • 5 Posts
    • 0 Thanks
    monde
    • #7
    • 14th Sep 18, 5:39 PM
    • #7
    • 14th Sep 18, 5:39 PM
    Ok thanks again. I will update when I hear back.
    • monde
    • By monde 14th Sep 18, 6:17 PM
    • 5 Posts
    • 0 Thanks
    monde
    • #8
    • 14th Sep 18, 6:17 PM
    • #8
    • 14th Sep 18, 6:17 PM
    By the way, does anyone know if there is an email address for Gladstones Solicitors? Can't seem to find a current one in my searches through the threads
    • KeithP
    • By KeithP 14th Sep 18, 7:29 PM
    • 9,252 Posts
    • 9,465 Thanks
    KeithP
    • #9
    • 14th Sep 18, 7:29 PM
    • #9
    • 14th Sep 18, 7:29 PM
    By the way, does anyone know if there is an email address for Gladstones Solicitors? Can't seem to find a current one in my searches through the threads
    Originally posted by monde
    This post from one week ago answers your question:

    .
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