other Gladstones Letter Before Clain - SCOTLAND Home Bargains, Bathgate EH48 2RA

[SoggyMoggy]

I have received a Letter Before Claim from Gladstones. This is in relation to a windscreen Parking Charge Notice from Euro Parking Services.

 

 

1 The date of infringement? 22/4/16

 

2 Have you yet appealed to the parking company yet? [Y/N?] NO, I HAVE TOTALLY IGNORED SO FAR.

 

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 10/6/16 REC'D 13/6/16

Did the NTK provide photographic evidence? YES

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] NO

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

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

 

5 Who is the parking company? EURO PARKING SERVICES

 

6. where exactly [Carpark name and town] did you park? HOME BARGAINS, BATHGATE, EH48 2RA

 

 

The PCN asks me to pay up or to provide them with the name and address of the driver, otherwise they "have the right to recover" from me.

I didn't reply, but I wasn't driving.

[dx100uk]

they don't

POFA is not applicable to Scotland so they cant enforce it against the keeper.

[ericsbrother]

I would always respond to a lba, even a badly written one from Gladdys.

A simple "I was not the driver and there is no keeper liability in this matter so stop telling lies about having the right to recover". should suffice. I would keep it as short as that so you dotn say anything that may help them.

Having sent that if they do go further they will generate an unreasonable behaviour costs order if they decide to ask their client to waste more money on this.

[SoggyMoggy]

It wasn't Gladdys who said they have the right to recover. I will just send them "I was not the driver and there is no keeper liability".

 

They want me to fill out an online form if I believe I have a valid reason for non payment, I'm guessing I don't fill in anything online (giving them my email address).

 

I can request a paper version of this form by filling in a slip which consists of a checkbox and my signature, I'm also guessing that I don't I sign anything to them. Is my best course of action to just send them they letter as above without signing it???

[dx100uk]

just send a letter as EB states make ref to the PCN number or their ref number

PC print your name only

 

can I just check..does their bumpf mention decree and not CCJ

[SoggyMoggy]

Hi DX,

 

Their bumpf doesn't mention either CCJ or decree.

[dx100uk]

then it cant be a letter of claim under the PAP rules.

no need to do anything.

 

scan it up to PDF please read upload

[SoggyMoggy]

Gladdys letter before claim attached

gladdys letter before claim redacted.pdf

[dx100uk]

PAP doesn't apply in Scotland

looks like you've just got a std autogenerated PC spewed out one.

I believe they have to send the reply form too.

obviously they've found that costs too much money to print out 6 pages to the 10'000's of mugs they send these to

when most don't reply anyway other than blindly cough up.

[SoggyMoggy]

should I reply as above to warm them that I will contest it or continue to ignore?

[dx100uk]

reply exactly as EB advised using those words

[SoggyMoggy]

Will do, I'll get it in the post tonight. Thanks for your help and thanks to EB too.

 

No doubt they'll reply with a scary letter.

[ericsbrother]

use the quoted words, no more and no less.

 

They will then know that you arent so dumb as to fall for their rubbish demands and hopefullly it will be the end of the matter, if you add more it will encourage them to think that you might pay up if they tell a different lie and keep up their harassment

Edited February 18, 2019 by honeybee13
Paras, typos

[SoggyMoggy]

use the quoted words, no more and no less.

 

They will then know that you arent so dumb as to fall for their rubbish demands and hopefullly it will be the end of the matter, if you add more it will encourage them to think that you might pay up if they tell a different lie and keep up their harassment

 

Thanks EB. It's in the post.

[SoggyMoggy]

Further to this, I was surprised to see another letter from Gladdys today (attached).  I was expecting a claim next, well I wasn't expecting anything but another threatogram was laughable.

 

Considering they are trying to frighten me with POFA and that doesn't apply in Scotland, will I be safe to ignore this and any other letters (except a claim)?

 

 

Gladds response redacted.pdf

[dx100uk]

yes you've had a letter of claim

 

[ericsbrother]

so you respond to  Gladdys and copy letter to parking co as they have to pay for Will and John's cock ups.

 

Dear sirs,

I am in receipt of your latter dated the 15th inst and note that despite being solicitors you do not seem to know that the POFA doesn't apply to Scotland. This surprises me  since you also run the IPC and  presumably are expected to have some knowledge of the law before you spout forth to your members on such matters.

 

just to make things clear, there is no liability to your client whatsoever and any claim will be robustly defended and a full costs recovery order sought as your conduct would palpably unreasonable by trying to exert a liability that you know  doesn't exist.

 

To save you wasting more ink, I deny being the driver at the time and  you  cannot make assumptions  or claims as to who was driving as you have fallen at that hurdle on many occasions before.

 

It may not stop them trying their luck but it will make it hard to persaude a judge they werent being unreasonable in trying to flog a dead horse and you the stand a good change of getting a decent amoutn for your time spent on this matter as costs.

 

The idea of sending a  copy to the parking co is so that they actually see it and can then decide whether this dog bites rather than just relying on Will and John's word that you wont