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GXS/gladstones Windscreen PCN claimform - shoreham port basin rd southwick HN41 1WF ***Claim Discontinued***


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I received a parking charge dated 21 April 2018,

I am just wondering do I really have to pay this and is there anything I can write back to refuted their claim,

it seems like a bit of a joke as their is a sign on a gate which has been blocked up by a 2 tonne concrete boulder saying no parking as access is required at all times, or something along those lines...

should I take this seriously?

Best Wishes

Billy

 

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I've already spotted a major flaw in what they've sent you which means that (as keeper) you cannot ever be liable, as that NtK has arrived outside of the time allowed by POFA, so they've already shot themselves in both feet.

 

It fills you with confidence when they can't even get the basics right :lol:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Hi Dragonfly,

thankyou very kindly for your input.

How about if GXS sent correspondence sooner that I have yet to see, I doubt it as this is the only bit of correspondence I seem to have.

Should I write back to them and state their error or simply file away/ bin and ignore?

fully redacted attachment now attached!:wink:

Kind Regards

Billy

gxs_fully Redacted.pdf

I see what you mean by POFA,

8. A notice to keeper must be served not earlier than 28 days after, and not more than 56 days after, the service of that notice to driver.

It has taken them 66 days to write me, so.....

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They won't have done.

That is a Notice to Keeper (NtK) and not a NtK Reminder.

 that will be the first one in the chain.

A chain that they have already broken themselves, and can't even argue that they haven't because they've provided the evidence of their own failure.

As your vehicle had a Windscreen ticket (Notice to Driver (NtD)), they can only write to the keeper after 28 days from the day after the parking event.

And that has to arrive on the keepers doormat not before the 29th day, and not after the 56th day.

That's written in to the Protection of Freedoms Act (the POFA) 2012.

So, going by their own dates.

Your vehicle was parked on 21/04/18 (so the clock starts from 22nd).

They therefore had from between 19/06/18 and 14/06/18 (allowing 2 days for postage) to write to you.

Their own NtK is dated 26/06 (or a full 12 days after the allowed time) and in law, you cannot have received that until 28/06 which is 68 days after the parking event.

This is without going in to their other failings.

Don't bin it, file it and sit on your hands.

Do not contact them at all.

Let them waste their own money unless and until you get a Letter Before Action from their pet solicitors (probably Gladrags).

Then, with our help, you go for the jugular :thumb:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Hi

Just my 2p

 

 

As well as the obvious flaws mentioned, they have shot themselves in the foot with the appeal process by saying that the 21 days to appeal the windscreen ticket has lapsed so they cannot entertain an appeal. What rubbish!

 

 

Imagine if a windscreen ticket had magically disappeared from your car meaning that you would not know anything about it until the NTK arrived. By their own wording, you wouldn't be able to appeal to them. A simple case of triple P (P*ss Poor Performance)

 

 

As mentioned, file away and for get about it and any debt collectors that will try it on. I cannot see this going anywhere near a court considering the amount of flaws.

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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the wording of the Act is a bit vague on this point silverfox, so the IPC lot read it in the way that disallows people to appeal an NTK as that way they dont have to offer a discount period.

 

that also encourages them to use the "disappearing ticket" ruse

 

in this case they have kindly provided evidence of themselves getting it wrong by saying the driver had 21 days to appeal when the law allows 28 days.

Edited by dx100uk
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  • 2 months later...

Hopefully you should know wgat to do with that piece of rubbish but if not. Ignore it. The only time to sit up and take notice is IF a letter before claim from a proper solicitor turns up.

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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scan and keep copies

you never know what they might try in the 6yrs they have ...

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 month later...

"Potential, if, could, may". Is that all they can do? Not very scary, is it? LOL

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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Just re-read the letters sent so far and GXS just don't have a clue. In the first letter from June, they state that after 28 days and not having the details of the driver, they can then pass the charge on to the keeper. That would be true if GXS followed PoFA but they don't so keeper liability could never arise. Misleading at best.

 

As for Trace Legal. They have only been around for a couple of years and they appear to be a one man band with absolutely no power over you. If you feel that the letters are misleading, copy them to Trading Standards. They may do nothing but they will add them to a file for the future.

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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coo they might assess the situation. Well they are asses but they cnat do anything for themselves and I can only imagine the conversation between them and GXS being something like this:

GX" did they pay up?"

trace "no"

GX "What should we do?"

trace "I cant tell you unless you gie me some more money"

GX"OK, here you go, what should we do?"

trace "I cant tell you, I am not qualified to offer legal advice, I am just a rentathreat."

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  • 6 months later...

I know its been a while.

I have received a claim from the County Court Business Centre-northampton dated 11 June 2019.

Claimant GXS....any correspondence through Gladstones.

Nature of the claim is the PCN etc

Plus it states in the claim that the driver agreed to pay within 28days of issue....im not sure what that means as I never corresponded with them.

Nowhere does it mention the notice to keeper being sent 66days later.

the claim is for £248.58 and I have 14 days to respond to the claim.

Any advice warmly welcomed.

P.s i will post up redacted version of the claim, I just dont have access to do so today.

Best wishes Billybob

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  • dx100uk changed the title to GXS Windscreen PCN claimform - shoreham port basin rd southwick HN41 1WF

hi ya

we don't need to see the claimform..

simply complete this please:

 

 

 

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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what you need to do for the moment is to create an account at moneyclaim and then when you step through the first bit find this claim and then just tick the box that says you intend to defend in full and that is all,

you the get a further time to submit the defence and by doing it online you dont have to write to Gladdys and they will have to keep an eye on their timings or they could just drop the ball so to speak.

We will help you with your defence, it will just be an outline of what you want to say later on

one the main things will be no cause for action against you as you are not liable and in any case the signage was insufficient to create a contract (and probably there illegally so no contract can be formed)

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don't forget to get that Q&A link done I posted

and also send a CPR

 

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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Name of claimant-GXS Services LTD

Claimant Solicitors- GLADSTONES SOLICITORS LTD

Date of Issue- 11 June 2019

What is the claim for-

1.The driver of the vehicle with registration xxxx xxx ('the vehicle') parked in breach of the terms of parking stipulated on the signage ('the contract') at Basin Road Southwick BN41 1WR on 21/04/2018 thus incurring the parking charge ('the PCN').

2.The driver of the vehicle agreed to pay the PCN within 28 days off issue yet failed to do so.
3.The claimant claims the unpaid PCN and from the defendant as the driver / Keeper of the vehicle.

4.Despite demands being made if the defendant has failed to settle that outstanding liability.

5.THE CLAIMANT CLAIMS £100 for the PCN.

£60 contractual costs pursuant to the contract and PCN and terms and conditions,

together with statutory interest of £13.58 pursuant to S69 of the County Courts Act 1984 at 8% per annum continu8ng at £0.04 per day.

Value of claim-£248.58

I Should defo send a CPR? Ericsbrother mentioned not to engage with Gladrags solicitors....

Thanks and I have posted up particulars of claim ad per the link you sent me.

K regards

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yes you must.

 

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.

 get that CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
.
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
 

  • Thanks 1

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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  • dx100uk changed the title to GXS/gladstones Windscreen PCN claimform - shoreham port basin rd southwick HN41 1WF

no

but if you are clever you can get costs out of them

 

  • Thanks 1

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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