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UKPCM/gladstones Claimform - PCN operator pix - pensby Road

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Having received a parking invoice for parking on private land from UK Parking Management LTD,

I failed to respond or appeal.

 

As I am unlucky enough to be subject to another private parking charge

 

, I had confused the two and thought I had appealed but it seems I did not.....

..I have now had a letter from Debt Recovery Plus asking for £160.

 

I called them upon receipt and asked for copies of the original invoice and some other information (such as the address of the parking company

- so I could write to them directly).

 

All of my requests were (quite rudely) refused and I have now received a letter from them saying as it's at the debt recovery stage they are unable to consider any appeals.

 

Where do I stand? (please)

Edited by dx100uk
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Of course you have, DR+ dont have any interest, dont have any paperwork and as the amount they are fraudulently claiming is more than the law dictates there is no incentive to help you NOT pay them is there?

 

Ignore DR+ or any dca, let us know if you get a letter from a solicitor as that may need a response. In the meanwhile you might do yourself a favour by gathering some stuff to counter their clai so tell us the where and when, what they say you did wrong and pictures of the signage at the site so we can compare the alleged breach with the contract offered.

 

Also, do you still have the original NTK from the parking co? If so post that up suitable redacted so no personal stuff like name, car reg or their ref numbers or barcodes. leave dates on as they are important

Edited by Andyorch
paras

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Thankyou.

I can't find the original notice which is why I had requested a copy.

However, I'm sure I have it somewhere so will keep looking.

I'll get the other info and come back.

Thank you so much

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Tell us aboout the event, where, when, what they say you didn wrong, what you have sent to them if anything by way of an appeal and so on.

Never phone or email a parking co or their pet gopher.

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Complete post 4 please


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Having received a parking invoice for parking on private land from UK Parking Management LTD,

I failed to respond or appeal.

 

Eventually, I got a letter demanding £160.00

 

I called them upon receipt and asked for copies of the original invoice (which I had mislaid) and some other information (such as the address of the parking company - so I could write to them directly).

 

All of my requests were (quite rudely) refused and I eventually received a letterlink3.gif from them saying as it's at the debt recovery stage they were unable to consider any appeals.

 

I received letters from DRP on

24/5/18

8/6/2018

13/6/2018

25/6/18

 

All requesting payment in one way or another.

I ignored them all.

 

In July 18 I got a letter from Gladstones solicitors saying the had been instructed by UK car park management in relation to the debt.

 

Most recently (12th November 2018) I got a 'LETTER BEFORE CLAIM' from Gladstones saying they have now been instructed to commence legal action to recover the £160.00.

It say is includes £60 for the time and resource spent facilitating the recovery of the debt.

The letter gives me 30 days to respond.

 

Date of infringement : 14/3/2018

Appeal: No - but contacted them in May asking for copy documents and was refused. Later received a letter saying as it was at debt recovery stage they were unable to consider any appeals.

The NTK did provide photographic evidence but I have since mislaid it.

I therefore have no idea if it mentioned POFA, but am fairly sure it did.

 

Do not know the date it was received but it was within the correct timescales.

 

The car parking company: UK Car Park Management

 

Is it now time for me to Pay up?

Edited by dx100uk
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old and new threads merged

 

not sure where anyone has ever told anyone to ever ring a private parking company or their dogs?

and you've had speculative invoices before and have read several threads about them....

 

 

yes you will need to reply

shame you've lost the paperwork.

 

 

if you could fill out these questions as best you can please

 

then atleast we might now get to know after almost 6mts WHERE the ticket was issued?

then we might have a better idea upon how you respond to the letter of claim.


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Thanks for you willingness to help and for merging the threads

 

Not sure of the relevance of my previous browsing?

Have I done something wrong?

was hoping to be able to find answers without bothering people but am merely bamboozled.

 

After much searching I have now found the original notice.

 

The charge was issued on the wirral, in Heswall, Pensby Road. behind some shops on a main road.

 

Have I answered all questions?

 

Happy to go and take photos of the signs if necessary.

 

I ve answered the other questions in my earlier post

- do I need to do them on the template and post that?

Edited by dx100uk
removed unredacted links

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good we now know where this happened

sadly ive had to remove your google drive links as you've omitted to remove the ref ni. in sev places.

 

can you pop those 2 pix of the NTK into ONE multipage PDF

and upload

read upload


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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unauthorised parking is not a breach of contract because you are not authorised so cant be subject of a contract.

 

Being IPC members they believ all of the twaddle Will and John pump out because they are the worlds self confessed experts in such matters. that is why they lose court claims for their clients/members for the most basic of errors.

 

so stop any furhter contact until they employ Will and John, the solicitors at Gladstones to write to you and then you can tell them that you are not as thick as their doppelgangers at the IPC and wont be paying so stop wasting their clients money.

Edited by honeybee13
Paras

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Gladstones have written to me with a final letter before court action.

Giving me 30 days...

Is this what you are referring to?

Edited by dx100uk
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is it titled 'letter before or of claim'

 

yes it is

so snotty letter to gladstones time

you'll find this in the many Gladstone threads here.

 

use the search CAG box of the top red toolbar

 

Gladstone letter of claim or alike

 

post up your version here first so we can edit it if needs be.

 

this wasn't an anpr capture but operator pictures, did you get a PCN on the windscreen at the time?

 

we also need the Postcode of 54 pensby road please


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thank you ericsbrother and dx100uk, I really appreciate your help,

 

1/ I did recieve a PCN on my windscreen

2/ The Postcode of Pensby Rd is: CH60 7RE

 

3/ here is the information I found, is this suitable?

 

 

Gladstones Solicitors

The Terrace

High Leigh Park Golf Club

Warrington

Cheshire

WA16 6AA

 

2nd December 2018

To whom it may concern,

I am in receipt of your “Letter Before Claim “ dated 12th November 2018 received 14th November 18

Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon.

 

Your client must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with.

 

Your letter lacks specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6©) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. Please treat and therefore [/s[ this letter as a formal request for all of the documents/information that the protocol now requires your client to provide.

 

Your client must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.

 

As solicitors you must surely be familiar with the requirements of both the Practice Direction applicable pre-1 October and the Protocol which applies thereafter (and your client, as a serial litigator of small claims, should likewise be aware of them). As you (and your client) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is astounding that a firm of Solicitors are sending a consumer a vague and unevidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol.

 

Nobody, including your client, is immune from the requirements and obligations of the Practice Direction and now the Protocol.

 

I require your client to comply with its obligations by sending me the following information/documents:

 

1. an explanation of the cause of action

2. whether they are pursuing me as driver or keeper

3. whether they are relying on the provisions of Schedule 4 of POFA 2012

4. what the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated

5. Is the claim for a contractual breach? If so, provide a copy of that contract bearing my signature. Or is the claim for trespass? If so, provide details.

6. a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1

7. a plan showing where any signs were displayed

8. details of the signs displayed (size of sign, size of font, height at which displayed)

9. Details of the additions to the original charge, what that represents and how it has been calculated.

 

 

If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) – Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and © and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

 

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

 

Yours faithfully

 

 

Thank you

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far too much waffle


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Simplify it and make a point of as the parking was unauthorised there was no contract to breach, I'm sure ericsbrother could provide something suitably cutting to let Will & John know that they are rumbled.


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To whom it may concern,

I am in receipt of your “Letter Before Claim “ dated 12th November 2018.

Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon.

Your client must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with

Please treat this letter as a formal request for all of the documents/information that the protocol now requires your client to provide.

Your client must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.

 

It is astounding that a firm of Solicitors are sending a consumer a vague and unevidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol.

I require your client to comply with its obligations by sending me the following information/documents:

 

1. an explanation of the cause of action

2. whether they are pursuing me as driver or keeper

3. whether they are relying on the provisions of Schedule 4 of POFA 2012

4. what the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated

5. Is the claim for a contractual breach? If so, provide a copy of that contract bearing my signature. Or is the claim for trespass? If so, provide details.

6. a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1

7. a plan showing where any signs were displayed

8. details of the signs displayed (size of sign, size of font, height at which displayed)

9. Details of the additions to the original charge, what that represents and how it has been calculated.

 

 

If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) – Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and © and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

 

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

 

Yours faithfully

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I have read this book before and it doesnt end well. You should read my 1 liners I send to the jokers and use that, they ahve more effect.

Why?

because they can read ( I am informed) so realise when they get the short pithy letter they know that they have been rumbled and you arent going to pay up and the bull they have been giving to their client isnt going to get anywhere. A long treatise about the detail of points of law merely shows up your limitations, dont forget, they are lawyers after all so they will pick apart any details that doesnt actually get the main points across.

 

The main point is you need to tell them to get lost so dont be nice, dont use the detail just tell them their LBA is so pants iit is laughable and will get them clobbered for costs for their unreasonable conduct if they continue on this exercise in vanity trying to look big in front of their misguided client. Their client has no contract with you to breach and if they had bothered to read the signs they had authorised they surely know this. Clearly the idiots at the IPC are giving bad advice to their members in this regard.

 

 

Will and John are both Gladstones and the IPV so if the parking co has relied on the quality control they say thei give for each and every sign they know that a prohibitive sign isnt an offer of terms- simples

keep all of the other stuff under your hat and use it if they do issue a claim to try and get it struck out without a hearing.

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Hi, ok I'm trying ... but obviously I'm here because sadly, I don't know what I'm doing, I searched using the red toolbar and that's what I found,

 

so, here's another attempt, more in my own words..

 

Gladstones Solicitors

The Terrace

High Leigh Park Golf Club

Warrington

Cheshire

WA16 6AA

 

3rd December 2018

To whom it may concern

I am in receipt of your letter before claim dated 12th November 2018 regarding REF: (the ref number).

Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon.

 

I would point out that as parking was unauthorised there is no contract to breach, you are clearly wasting your clients money and should cease this pretentious piffle immediately.

I would strongly advise you to cease and desist your vexatious communications, any further action on your part will be vigorously defended

Your actions are entirely premature and a waste of costs and court time

 

 

 

 

 

Is that any closer to what I should be doing :| ?

 

p.s. dx100uk, I know you asked for the postcode, am I supposed to include it or something?

 

thanks again people for your help

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Hi.

 

The postcode is for CAG purposes so that people can check out the car park on google.

 

HB


Illegitimi non carborundum

 

 

 

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That's better


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Reclaim mis-sold PPI Read Here

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Start off Dear Will and John so it is obvious that you love them.

the dont strongly advise them, tell them that they are deliberately misleading their clients or whatever with their rubbish advice on signage

 

No niceness whatsoever in the text

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I've posted my letter and obtained proof of postage - I shall let you know how I get on.

Thanks for all help thus far

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Hi,

 

Gladstone Solicitors Update:

 

I have received a new letter from Gladstones, (attached hopefully) and a second copy of the original letter sent to me.

They have not acknowledged my letter to them.

I appreciate your good advice as always ...

thank you

gladstone 17 12 cag.pdf

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