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  • FIRST POST
    • fryster2006
    • By fryster2006 15th Apr 19, 8:06 AM
    • 258Posts
    • 65Thanks
    fryster2006
    LBC Gladstones/SMART Parking
    • #1
    • 15th Apr 19, 8:06 AM
    LBC Gladstones/SMART Parking 15th Apr 19 at 8:06 AM
    Good morning,

    A couple of weeks ago we received a random text from Gladstones solicitors stating that we hadn't replied to their letter before claim and we needed to pay 680 immediately to prevent court action. Worried that they might get a default judgement against us we phoned them as it's the first we've heard of it, and asked for them to send details of the claim to our current address. Received a copy of a letter before action with a Gladstones logo on but stating that we needed to pay DRP. 4 alleged parking contraventions with a charge of 170 for each. The second letter was another letter before action, extending the deadline by 2 weeks to 19th April so that we could respond with an information and reply sheet if we believe we have a valid reason for non-payment. This one directed us to pay Gladstone's and the reference number began with 1.

    The original charges originated from SMART parking at the Aldershot Centre for Health site. They no longer operate there due to lots of issues with parking charges being incorrectly issued, a local MP got involved and it's now been taken over by the local council.

    This is the first we have heard about any charge, we have moved since the alleged incident, and the car is a motability one and has since been returned as the lease had ended. We have a motability car and blue badge which the driver has always displayed when parking at Aldershot Centre for Health. Looking at other people's comments regarding the signage, it states that a blue badge must be left on display but is contradicted by signage that states it must be validated at reception.

    So far I have sent an SAR to Gladstones and SMART parking by email. I've emailed nhs property services who are the landlord of the site and asked for them to see if they can get the PCN/NTK's cancelled. I've got a letter ready to send off today with certificate of posting to Gladstones to request a printed copy of the information sheet as they didn't include it with the letter before action. I've also made it clear that the 30 day period shouldn't start until I receive this letter. The copies of the letter before action were dated the 5th April but didn't arrive until last Friday (12th April).

    Anything I've missed? I'm assuming that I will need to complete the online form they've linked to in the letter as it's pushing time at the moment? Or as long as I send the request for the form today with certificate of posting this would be best? Many thanks!
Page 1
    • Quentin
    • By Quentin 15th Apr 19, 8:09 AM
    • 38,643 Posts
    • 22,591 Thanks
    Quentin
    • #2
    • 15th Apr 19, 8:09 AM
    • #2
    • 15th Apr 19, 8:09 AM
    Don't complete their forms!
    • fryster2006
    • By fryster2006 15th Apr 19, 8:16 AM
    • 258 Posts
    • 65 Thanks
    fryster2006
    • #3
    • 15th Apr 19, 8:16 AM
    • #3
    • 15th Apr 19, 8:16 AM
    https://drive.google.com/open?id=169Fl_oTELLQA-XPkGA7vYyCzkpP23JlwThe latest letter is definitely headed up by Gladstones so this is what I'm worried about.
    • Quentin
    • By Quentin 15th Apr 19, 8:28 AM
    • 38,643 Posts
    • 22,591 Thanks
    Quentin
    • #4
    • 15th Apr 19, 8:28 AM
    • #4
    • 15th Apr 19, 8:28 AM
    Well .....it is from them.

    Is there a reason why you never received the previous correspondence they refer to?

    If you have moved you do need to inform them and the PPC of your correct address or risk a default ccj against you.

    See the newbies faq thread near the top of the forum for advice on how to deal with court claims

    #2 there covers court claims from the LBC to the hearing

    (Have you told DVLA about your new address?)
    • The Deep
    • By The Deep 15th Apr 19, 8:45 AM
    • 12,660 Posts
    • 12,887 Thanks
    The Deep
    • #5
    • 15th Apr 19, 8:45 AM
    • #5
    • 15th Apr 19, 8:45 AM
    Read what Pete Wishert, MP said recently in the House of Commons.

    "I am sick and tired of receiving emails from people complaining about the behaviour of parking companies, telling me that they will never again visit Perth city centre because of the negative experience they had when they had the misfortune to end up in a car park operated by one of these companies. I have received more complaints about one car park in the city of Perth than about any other issue. That car park is operated by the lone ranger of the parking cowboys: the hated and appalling Smart Parking—I see that many other Members are unfortunate enough to have Smart Parking operating in their constituencies. It has reached the stage where one member of my staff now spends a good part of each day just helping my constituents and visitors to my constituency to navigate the appeals process.

    The BPA does not have the ability to regulate these companies and has shown no sign whatsoever that it is trying to get on top of some of the sharper practices. The BPA gives a veneer of legitimacy to some of the more outlandish rogue operators by including them in their membership, allowing them to continue to operate. The Bill will oblige operators such as Smart Parking to amend their practices."


    and complain to your own MP, they are drawing up a new regulations to control these scammers.

    On 15th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

    Until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    You never know how far you can go until you go too far.
    • Coupon-mad
    • By Coupon-mad 15th Apr 19, 12:01 PM
    • 70,385 Posts
    • 82,979 Thanks
    Coupon-mad
    • #6
    • 15th Apr 19, 12:01 PM
    • #6
    • 15th Apr 19, 12:01 PM
    So far I have sent an SAR to Gladstones and SMART parking by email.
    Did you ALSO send both Smart and Gladstones a 'data rectification and erasure notice' to insist that they both ERASE your old address and rectify the address for service for any court claim to *new address*?

    Do that now. You CANNOT risk a court claim going to the old address. Don't assume!

    And as Quentin posted, do this as you can get a REAL fine for this and it is NOT just about changing the address for your driving licence, obviously:
    (Have you told DVLA about your new address?)
    And then read other Gladstones threads here. We have one or two other Smart ones you can bookmark that may be ahead of you, that you can copy from. Search:

    Gladstones Smart defence
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • fryster2006
    • By fryster2006 15th Apr 19, 9:32 PM
    • 258 Posts
    • 65 Thanks
    fryster2006
    • #7
    • 15th Apr 19, 9:32 PM
    • #7
    • 15th Apr 19, 9:32 PM
    Have completed a data rectification and erasure request to Gladstones and SMART. Gladstones sent through information requested in SAR. Nothing too interesting in there, it does state that the current address they have on their system is my correct address. I believe that I may have messed up informing the DVLA of the new address. I did inform motability and my driving license is correct. The car is no longer ours and returned back to motability last year.

    Have received a reply with a designated case worker from nhs property services, who immediately passed the details of my complaint to their local facilities services manager,who will contact me directly.

    Now off to read the newbies board and make next preparations.
    • fryster2006
    • By fryster2006 18th Apr 19, 12:41 PM
    • 258 Posts
    • 65 Thanks
    fryster2006
    • #8
    • 18th Apr 19, 12:41 PM
    • #8
    • 18th Apr 19, 12:41 PM
    Some very good news today. Just had an email from NHS property services stating that SMART parking have cancelled all 4 PCN's in line with the contract they had with NHS PS.

    I will keep an eye out just in case Gladstones/SMART 'accidently' carry out court action. Gladstones have specifically stated that they have the correct address for service so they've no excuse.

    Slightly off topic, with regards to the DVLA logbook details being incorrect on the previous vehicle. Is there anyway of getting this corrected just in case there are any other PCN's lurking in the background? Or would I be likely to receive a fine from the DVLA if I highlight that I messed up updating the details.
    • Coupon-mad
    • By Coupon-mad 18th Apr 19, 12:51 PM
    • 70,385 Posts
    • 82,979 Thanks
    Coupon-mad
    • #9
    • 18th Apr 19, 12:51 PM
    • #9
    • 18th Apr 19, 12:51 PM
    The original charges originated from SMART parking at the Aldershot Centre for Health site. They no longer operate there due to lots of issues with parking charges being incorrectly issued, a local MP got involved and it's now been taken over by the local council.
    Some very good news today. Just had an email from NHS property services stating that SMART parking have cancelled all 4 PCN's in line with the contract they had with NHS PS.
    I would forward that email to Gladstones and ask them to confirm the matter is closed.

    Well done! Exactly as we advise everyone to try!

    Stopped them from proceeding further, with a landowner complaint.

    with regards to the DVLA logbook details being incorrect on the previous vehicle. Is there anyway of getting this corrected just in case there are any other PCN's lurking in the background? Or would I be likely to receive a fine from the DVLA if I highlight that I messed up updating the details.
    Getting DVLA data corrected now for an old vehicle you no longer have, will never be seen by a PPC, as they are not allowed to revert to the DVLA for data after a few months, and they can only ever ask for the keeper's name & address once.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
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