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Spring Parking Ltd/gladstones PCN - my residential space


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I live in an apartment building which comes with a parking space.

One day my parking permit was not displayed as it had fallen off my dashboard of my car so a Parking Charge Notice (PCN) was found on my screen.

 

I emailed the company, Spring Parking Ltd, to inform them that the permit had simply fallen on the floor of my car.

Their response was that it is my responsibility to ensure it is displayed and that the PCN still applied.

However, I never heard anything further from them about this.

 

I subsequently had the same issue occur but as they never followed up on the first instance I didn't email them again.

 

I then started to get letters from a claims company with the usual "this is what's due but if you pay within XX days it will be reduced".

 

I have had these sort of letters previously when I had a dispute regarding an NCP car park and eventually they stopped and never heard anything again.

 

However, in this instance I have now received a solicitors letter from Gladstone Solicitors (attached).

Another resident advises that I should ignore it as it is private land and Spring Parking can't enforce the PCN anyway.

Receiving the letter from a solicitors has raised doubt in my mind of my position. They want £155.

 

My daughter also has had a letter from Gladstones regarding 3 PCN's she has received whilst visiting me.

Would love some advise on both instances.

 

I have also attached a photo of the signage that appears in the parking area for reference/ information.

 

 

docs1.pdf

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you should never ignore private PCN's.

 

please complete the below questionnaire

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

it might be better to start a separate thread and also answer the Q's for the other tickets

 

one thread per PCN .

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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we will need to know a little more about your space to be certain of how to deal with this. Is it included in the lease?

 

If you rent them your LL should de able to tell you. basically most residentail parking places are included in the lease so you ahve what is called supremacy fo contract. that means the space is treated as your property and no parking co, managing agent or even the freeholder can tell you waht to do. the latter will need to vary the lease, the others can get lost.

 

Now this is inconvenient for the parking co as they cont make money if they cnat invent reasosn to chisel you for your cash and as they are clearly members of a trade association called the ICO that is owned by Will and John, a pair of solicitors who have a company called Gladstones, the parking co is encouraged to think they can do what they like.

 

When we see the piccies we can comment on the value of their signs as well.

Edited by honeybee13
Paras and typos
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Thanks ericsbrother. I'll check out what the rental agreement says. The parking area is supposed to have a control barrier and we all have fobs to gain entry but the barrier has been broken ever since I have been there (3 years).

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thread tidied

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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letter is just a begging letter as Gladstones are also the IPC in another frock and are just bigging it up to look good in front of their members.

 

Content is stock letter and not applicable.

 

A good solicitor has an eye for detail and mental acuity.

 

Will and John fail that particular test.

Edited by dx100uk
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If the control barrier and fobs worked there would be no need for a Parking Cowboy.

We could do with some help from you.

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Hi

Based on the one sign you posted, your daughter would likely yave been a trespasser and as such, only the owner of the site can take action. If Gladstones tried it on in court that is a valid defence but that is by the by now.

 

 

Hopefully your lease will state that you are entitled to the use of a parking space as part of your agreement. The sign mention nothing about visitors-as in, "No Parking for visitors." Hopefully your lease will spell that out for you. Usually visitors have to display a temporary permit and I am assuming you were never given any. As for the barriers, the landowner (or agent) is responsible for them and had they been in full working order, the need for parking controls would never have been needed and as such (in my opinion) is a detriment to you.

 

 

It would help if we could see the Notice to Keeper as well as filling out the questionnaire DX mentioned in post 2. It would also help us if you give a rough clue as to where the building is so we can go on Google and see if there is anything we could use.

 

 

It's unusual for a BPA member to be using Gladstones to sue people (but not unknown). This is mainly because the parking operator is not intending to use PoFA 2012 as grounds to sue which is why we need to see the NTK (suitably redacted of course)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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1 The date of infringement? 06/01/2018

 

2 Have you yet appealed to the parking company yet? [Y/N?] No. I did appeal against a previous ticket due to the fact I am resident here but they said it wasn't grounds for cancelling the ticket. However, they didn't follow it up further.

 

if you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted. [as a PDF- follow the upload guide

 

has there been a response?

please post it up as well, suitably redacted. [as a PDF- follow the upload guide]

 

If you haven't appealed yet - ,.........

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] Yes

what date is on it 07/02/2018

Did the NTK provide photographic evidence? No

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] Y

 

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process? Didn't appeal

[it is well known that parking companies will reject any appeal whatever the circumstances]

 

5 Who is the parking company? Spring Parking Ltd

 

6. where exactly [Carpark name and town] did you park? This would provide certain confidential information.

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to follow up on the above post,

you DID appeal because any contact is construed as an appeal even if you just tell them to foxtrot oscar.

 

However, the thing they cant change is the meaning of their own sign and that is not an offer of terms for parking to the public but a prohibition and as such there cannot be a breach of something that doesnt exist (contract).

 

Gladdys know this but as they have advised their members what to put on the signs they now have to talk tough and may well have to follow this through with a court claim or they lose face.

 

Nothing to be scared of, simple defence and what usuallly happens is they try all sorts of coercion to get some money ( at this point they dont care how much!) to cover their cost because they know they are going to lose again

 

. If you dont play ball they discontinue at the last moment and hope you dont go for a cost order due to their unreasonable behaviour.

 

 

So, is it worth responding to this letter?

possibly but only if you are happy to be rude to them. ( assumption that when I say you I mean the receiver of the letters)

 

so

Dear Will and John,

I see that your are misleading the innocents again by claiming to vet their sigange but allwoing them to use any old garbage and still thin it to be a contyract. Well, we know that the signage is prohibitive and thus your clients have no cause for action

Edited by dx100uk
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Just to be clear here...on their rubbish letter

Not so smart parking say the dca may issue a court claim

Ofcourse they cant

Only the owner can..smart parking..

 

What muppets!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Just to be clear here...on their rubbish letter

Not so smart parking say the dca may issue a court claim

Ofcourse they cant

Only the owner can..smart parking..

 

What muppets!!

 

 

 

 

Sorry pal, Spring Parking. Nothing to do with Smart Parking. Otherwise you are absolutely right.

 

 

Spring parking have also shot themselves down by insisting on any appeal (amongst other bits) that the appellant MUST supply the name and address of the driver. Oops! Assuming the appellant doesn't supply that information, I bet they would reject that appeal. Not that they will allow any appeal as it's not in their interest (money) to do so.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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boing..parking yes sorry

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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