UKCPM/Gladstones Letter ofClaim - windscreen PCN -Nash Mills Wharf estate private road

[AndyOrch]

Thread is open click the " Reply to this Topic " green tab

 

Andy

[lozzad18]

Hi there,

 

It's been a long time, but finally got a new letter from them! 

 

I thought they'd given up but apparently one last try..

 

https://ibb.co/7j7HjHR

 

Thanks

[dx100uk]

so back to reading post 14 again...

you now respond with one of eB's snotty/ insulting letters to will and john at gladstones

plenty here

just click EB's username and pop back a few recent posts you'll 2 or 3 examples.

you have 30 days

 

dx

 

[ericsbrother]

something like

Dear Will and John,

I am glad that your letter to me dated the xxth inst was addressed correctly as your clients have no idea about geography and that is why they have failed to identify the land they supposedly manage and have failed to produce a contract that allows them to manage parking on a CANAL where my vehicle was supposedly rested at the time their operative swam past it. you know as well as they do that they will lose a court claim over this so I suggest you speak to your clients and get them to call a halt to their stupidity or risk a counterclaim for breach of the GDPR for telling lies when they accessed by keeper details

[lozzad18]

Hey all,

 

This is their latest reply.. thought it was dead!

 

Thank you for your correspondence, our reply to which is set out below.

We understand that you have claimed that there wasn’t sufficient illumination near the sign, please see attached the evidence our client has provided.

 

It is evident that on the balance of probabilities your headlights would have shone onto the sign at the point of parking.

The signs displayed at the site clearly state that you must not park on the roadways at any time, if you chose to park outside of these terms, you accept the charge set out on the sign. The signs form the contract between yourself and our client UK Car Park Management Limited.

We attach our client's photographic evidence which shows your vehicle bearing registration number Xxxx xxx parked on a roadway. By parking in such a manner the driver accepted the charge of £100.00 set out on the signs.

Payment of the charge has not been forthcoming within the relevant timeframe and as such the contract between yourself and our client has now been breached. Our client has incurred further costs as a direct result of the breach in taking steps to recover the outstanding debt.

As you have stated that you were not the driver at the time of the parking infringement occurred, please provide a valid nomination for the driver, this can be done by providing their full name and a serviceable address for them.

In view of the above it is our Client's position that the sum of £160.00 remains outstanding within 30 days from the date of this email. In the event that neither a valid nomination nor payment is made within this time-frame our Client may elect to issue legal proceedings without further notice.

[dx100uk]

you should have already of read and realised you should block and bounce all email addresses.

as its just given them a free way to harass you.

 

dx

 

[honeybee13]

Hi lozza.

 

I expect you'll have other replies suggesting what you do, but you certainly don't need to name the driver.

 

HB

[ericsbrother]

assumptions, probability.

that doesnt make a contract.

 

no keeper liability so they are hoping you will dop someone else in or say somehting that drops yourself in it.

 

Where did they get the bit about illumination of signage, my suggested response didnt mention that at all.

 

[lozzad18]

Ericsbrother - I mentioned on the reply that the evidence they sent me was a sign in the pitch black, and reminded them that none of the signs are illuminated. I also mentioned about whether their contract covers me parking in the canal :-) 

[Mrs O'Frog]

18 hours ago, lozzad18 said:

Ericsbrother - I mentioned on the reply that the evidence they sent me was a sign in the pitch black, and reminded them that none of the signs are illuminated. I also mentioned about whether their contract covers me parking in the canal

"me parking in the canal" ????

Please clarify exactly what was said. We need to know if there are any "whoopsies" in what you sent them so we can prepare for any comeback. Best to always check anything you intend to send with the team here first.

[lozzad18]

1 hour ago, Mrs O'Frog said:

"me parking in the canal" ????

Please clarify exactly what was said. We need to know if there are any "whoopsies" in what you sent them so we can prepare for any comeback. Best to always check anything you intend to send with the team here first.

 

Sorry - I made a snotty comment on my reply to them that the signage doesn't clearly state where drivers can't park, so would they have given me a ticket if the car had been parked in the canal (which is next to the road). 

 

ericsbrother had mentioned 'You can go and take some picture of the wharf and that will show that theoretically they are claiming you parked in the canal'

Edited June 22, 2019 by lozzad18

[ericsbrother]

so where is the picture? where does my suggested response mention adding information that can identify you as the driver.

The more you add the more they realise the limits of your knowledge. Telling them to foxtrot oscar says what you wnat to say, no need to explain why you what them to do so and add irrelevant information.

Even saying there are signs there means you know what they are on about, there are NO SIGNS IN THE CANAL and that is what they have identified as the land but you have now made it clear that your own statment is wrong and you know that is so.

 

We dont use words lightly even if it looks frivolous, it says enough but doesnt give away all of your hand. The lack of illumination could have been used at another time to support a general statement and add detail if your claim of a lack of contract due to not identifying the land in question wasnt going to win the day. You only need to get one point in your favour to beat a court claim but you need to prepare for every eventualityas no-one know what the judge knows or is thinking on the day. They have to prove every point