UKCPM PCN - operator pix - Trinity Park, Birmingham

[dx100uk]

On 27/02/2020 at 18:20, ericsbrother said:

Dear sirs,

 you ask why I havent paid the amount demanded. That is simple to answer, there is no debt because there was no contract to breach.

 

If your clients are as stupid as Simple Simon at VCS then you should warn them that the 2 idiots who run the IPC are misleading their members over what is and isnt a parking contract when they claim they personally approve every sign and they will suffer the same fate at court when they learn that particular lesson.

 

Perhaps you should also ask Will and John at the IPC to give Will and John at Gladstones a copy of their ATA code of Practice so you can see where the clients actions prior to this demand falls well short of the code your client is supposed to abide by.

 

I look forward to your deafening silence from now on but I'm sure that you will be able to get another £50 out of the gullible if you dont tell them I have responded to your LBC.

 

just sent the above 

 

type your name

 

put your AD and their at the top

 

ref the PCN number as a title.

 

dx

 

[squirlyline]

Thanks dx,

Sorry to ask this question, but I'm not clear by which means I'm to send this response; should I be registering on Gladstones website to access the instructions and PAP form as they request me to (there's no information available on their site to say how it works), or do I have to send it directly via 'snail mail', or can I just simply send it by email?

Thanks

[dx100uk]

 

and you've been here 10yrs+ and you ask this question...amazing...

you never ever use email. phone, websites or text to anyone ever...

 

writing only.

 

 

[brassnecked]

Snail mail with free proof of posting from as Post Office Counter, never by e'mail, it just gives them another way to harass, and also if they were doing court they might send stuff to someone by e'mail at 11:59:59  the day before any hearing giving no chance to respond.

[squirlyline]

8 hours ago, dx100uk said:

and you've been here 10yrs+ and you ask this question...amazing...

you never ever use email. phone, websites or text to anyone ever...

 

writing only.

I understand your derision, dx, as this field is your bread and butter and such questions may be repetitious and possibly enervating, but although I have been a member of this group for over 10 years I have not had purpose to use the site for a considerable length of time and never for the requirement of defending against private parking which demands a grasp of the small claims process and court procedures. However I have been reading around posts etc in regard to this in the spare time I have available, but had not found anything that stated it unambiguously, which is why I asked. For the uninitiated there is a considerable amount to take in, however your help is always appreciated.

[squirlyline]

I'm looking to send this LBC reply off by 2nd class post today, presuming I can get the printer to work as it is currently refusing (it will carry today's date if I do)

I've attached the letter here for good measure!

 

PS Interesting to note that they should be operating out of a golf club!

1st_reply_to_Gladstones-LBC-adj.pdf

[squirlyline]

Sadly having printer trouble right now, so will see if I can find another way of getting it printed short of hand writing it!

[dx100uk]

friend, library, neighbour?

not due till the 14th and even then not that important to meet the deadline.

 

dx

...

[squirlyline]

4 hours ago, dx100uk said:

even then not that important to meet the deadline.

Good to know (though I guess that won't apply to the next stage at notice of claim!)

 

4 hours ago, dx100uk said:

friend, library, neighbour?

Hopefully, one that we are still on speaking terms with and also has a printer.. which might be hard combination in our small isolated village!

[ericsbrother]

I have a biro and a scanner/copier. As long as you have a record of this you cn produce later the method of production is unimportant

[squirlyline]

Found a neighbour with a printer and got it to today's post, receiving a proof of posting.

[squirlyline]

Hi,

I received another LBC letter from Gladstones on Saturday 21st (dated 17th), stating the same as before requesting registration and response by 31st referencing an enclosed copy of their previous letter as if they had not received my letter in reply (of course I got a proof of postage receipt)!

Seems to me like they want to feign no knowledge of it!

What should my next step be; another reply via 'signed for' referring to an enclosed copy of original letter perhaps?

CPM-Gladstone_Solicitors-LBC2.pdf

[squirlyline]

Hope everyone is faring well in these difficult and restrictive times. Not sure if my last post has been viewed by advisers but am looking for advice on the best way to respond back to the solicitors reissue of the letter before claim.

Thanks again.

[dx100uk]

for the sake of a 2nd class stamp no harm in repeating it

 

.

dx

 

[ericsbrother]

but add that the Civil procedure rules dictate that the letter was deemed served 2 days after you posted it so in law they did receive it. Ask if it might have been left on the 12th green

 

in short, dont take their crap and give them some back. They know that this is as dodgy as hell becasue even their bought and paid for adjudicator found against their client so they know that they wont get a payday but are hoping you dont know how to use the interweb

Edited March 26, 2020 by ericsbrother

[squirlyline]

On 25/03/2020 at 02:47, dx100uk said:

for the sake of a 2nd class stamp no harm in repeating it

 

On 26/03/2020 at 11:17, ericsbrother said:

but add that the Civil procedure rules dictate that the letter was deemed served 2 days after you posted it so in law they did receive it. Ask if it might have been left on the 12th green

 

Thanks for your replies dx100uk and ericsbrother,

 

I am going to reply back to them in the same manner that I received from them.

 

Here's a draft of my reply for you to approve (there may be some contentious parts that you think should not be included here):

--

Dear Gladstones Solicitors / militant wing of the IPC,

 

I am writing back to you as I notice that you have failed to acknowledge in your letter dated 17th of March '20 (received 21st March) receipt of my letter dated '9th March '20' and have instead just repeated the same LBC statements. A copy of the letter I sent is attached for ease of reference. 

 

I am quite satisfied that I have sufficient evidence to support my position that no contractual parking contravention occurred and, if necessary, will present this evidence in Court.

 

Now, I'm sure I have taken up sufficient time of yours reading and processing this letter to require another leisurely round on the fairways.

I look forward to your total denial of receipt of this letter.

 

Yours faithfully

--

 

BTW I am not putting a sender address on these letters; so they can't do a RTS wrong address or something

[FTMDave]

Love your style!

[AndyOrch]

The CPR (Civil Procedure Rules) does not legislate for postal delivery..the relevant legislation is the Postal Services Act 2011

 

https://www.ofcom.org.uk/postal-services/information-for-the-postal-industry/uk-leg

 

Andy

[squirlyline]

20 hours ago, Andyorch said:

the relevant legislation is the Postal Services Act 2011

Thanks Andyorch

I've had a look at the Services Act and it looks like a bit of a minefield to try and find the relevant item, I have tried to search within it to no avail.

 

Do you think it is sufficient to simply swap out in the reply letter 'Civil Procedure rules' with 'Postal Services Act 2011'?

[AndyOrch]

Yes ...not that it will have much effect...I  personally dont advocate getting into letter tennis.....particularly of the above type

[squirlyline]

12 minutes ago, Andyorch said:

I  personally dont advocate getting into letter tennis.

Yes, it is the course I'm currently on, so I'm just following the prescription.

 

I might need some further advice from dx100uk or ericsbrother on this reply!

[squirlyline]

On 26/03/2020 at 11:17, ericsbrother said:

..in short, dont take their crap and give them some back. They know that this is as dodgy as hell becasue even their bought and paid for adjudicator found against their client so they know that they wont get a payday but are hoping you dont know how to use the interweb

 

Just wondering what you think of the letter I drafted above. I'm hoping to send it out in the mail tomorrow when the mobile post office arrives in the morning.

Andyorch suggested that the Postal Services Act 2011 was the correct legislation for when a letter is deemed served; I presume it is still 2 days as mentioned above (I couldn't find the relevant part in it)

Thanks

[dx100uk]

I would bother with the posting bit at all.

 

I've adjusted your letter

simply post that.

 

dx

 

[AndyOrch]

Sections 31 & 40.

 

http://www.legislation.gov.uk/ukpga/2011/5/pdfs/ukpga_20110005_en.pdf

 

 

[ericsbrother]

I would send the original letter and dont try and justify anything about post, deemed service etc as it will justcreate more trouble than it is worth.

showing you are relaxed about the whole thing may cause them to put a stop loss on thie.

To help with that send a copy to the client, UKCPM so they know that whatever Will and John tell them there is no such thing as an easy killa nd their solicitors may have just ceated more trouble than they have solved