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    • OK.  So you lent your car to a friend in 2019 and he racked up three parking tickets that he tells you he didn't know anything about(!).  You were the registered keeper (RK) at the time at your family address, but you got chucked out and could not change your RK address with DVLA because you were homeless.  You knew nothing about the parking tickets and enforcement action until you got a bailiffs' letter passed on to you.  You made an Out of Time (OOT) application in respect of one PCN but Birmingham CC objected to it and the traffic court rejected your application.  A solicitor helped you make OOTs in respect of the other two PCNs but you don't yet know the outcome of those two applications.   Is that the situation you are in?   dx100uk thinks you can resubmit the application saying your friend was the driver.  I don't think saying that will help as the driver is irrelevant.  It's the owner who is liable to pay the charge and that is the RK (unless the RK is a car hire firm).  I assume you are not a car hire firm so you are stuck with the liability, not the driver.   Whether you actually can resubmit an OOT once one has been rejected I do not know, but why not try.  What did the solicitor put on the applications they helped you with?  Did you not ask their advice about the rejected application while you were with them?  I think you would have to say something to the effect that you never received any paperwork in relation to the PCNs because you had been chucked out of your home and because you were homeless you did not update your address at DVLA.  That is the truth isn't it?  You don't want to lie on the application.   To me that's a good reason for you not doing anything about the PCNs, but I suspect that Birmingham CC will object again and that the traffic court will reject again.  And, as I said above, I don't even know if you can submit a second OOT application in respect of a PCN if the first has been rejected.   So it looks to me like you might be a bit stuck.   Unless dx100uk, or spaceman61, or another poster with expertise in local authority PCNs comes along I'm not sure what you do.   If you get no more helpful suggestions here you could try on National Consumer Service.  If you do go there, do not register with a hotmail address.  You will also need to provide them with a timeline of everything for all the documents you actually have, and you will need all the facts and dates etc at your fingertips.  And make sure they are accurate.   http://forums.National Consumer Service.com/index.php?showforum=30   And get your friend to contribute to paying off the PCNs.  Do you believe he really knew nothing about them?
    • To enjoy the protection offered by s.75 CCA 1974 for a credit card payment, you must pay over £100 and under £30,000 for the goods or service (even if part payment for a larger total amount).
    • Hi Charlie and welcome to CAG   As an Executor, you have a duty to insure the property and tell the currect insurer of the passing of the deceased.   Most insurers will refuse normal contents cover on a house left unoccupied beyond 60 days. So, unoccupied, the home will not be insured against break-in damage, theft, flood, accidental damage, etc.   You may be able to obtain FLEE insurance covering only Fire, Lightening, Explosion and Earthquake. It may cost more than usual contents cover  because the home is unoccupied, even though the level/amount of cover is less than for an occupied home.   As said here already, an Executor would be wise (or indeed have a duty) to remove valuables from the home if you have somewhere safer to store them pending Probate, distribution, sale, etc.   I hope if you can explain the insurance risks to YB and assure him that you are not taking items just for your own benefit, he may see sense.   Please keep us updated ............
    • yours is not the next move   dx  
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Minster Baywatch ANPR PCN - Cotswold, Lakeside Car Park GL7 5LU


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I'm unsure what to do next, would my next step be to request a CCA Request from Gladstones Solicitors or fill in the information provided from the pre-action-protocol-for-debt-claims.pdf document? 

 

Just finished reading the Pre-Action Protocol page and it states not to use POP details and to ask this thread for a suitable letter for the Letter Before Claim stage.

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all you need is one of ericsbrothers snotty letters sent to gladstone already.

 

plenty of them here in existing threads

which ofcourse you've been researching as advised earlier

CAG is self help too

 

use our search top right.

 

 

 

 

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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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Have a look at post 16 here: https://www.consumeractiongroup.co.uk/topic/427885-link-parking-pcn-now-bw-legal-lba-residential-parking-collingwood-place-gloucester-gl1-3na/?tab=comments#comment-5074291

 

You need to send something similar.  This is just an example.  Emphasise the signs are rubbish and illegal and they have made up £55 of invented fees.

 

Please post up a draft of what you propose to send when you're ready.

 

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We could do with some help from you.

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Ok, thank you for the responses. I have just finished my letter now and hopefully it's good enough.

 

Dear Gladstones Solicitors,

 

Much appreciated in providing me with a letter before claim, it’s helped me understand how to fight against these types of con artists for the future.

 

Just to be clear, I have no interest what so ever in paying the £155 since it is a made-up ridiculous fee with no explanation behind the justification of this ludicrous sum of money you are trying to rob from me.

 

Photographs of the poorly maintained site with the poorly placed written signs have been taken by the driver and will be confidently provided for evidence in court. The driver did obey the best a person could to your client’s badly written signs. There seems to be no planning permission by the council either for the ANPR cameras to be installed in this area.

 

First it is a criminal offence, which means your client has failed at the first hurdle of their Code of Conduct- that they must comply with all laws relating to the running of the car park. It also calls into question their ability to be able to collect data from the DVLA.

 

They are in breach of the Town and Country [advertisements] Regulations 2007 by not having the necessary permission despite the fact that it is illegal not to have permission and a contract cannot be formed from an illegal act. However the offence is also covered by The Consumer Protection from Unfair Trading Regulations 2008 - Section 5 Misleading Actions [3] ]b]  

 

Always give crooks long enough rope to hang themselves with. I look forward in seeing how your clown scam tactics play out in court.

 

(only include reference number and full name here?)

 

I can only respond through Gladstone online Reply Form unless I request a paper version of the Reply Form instead. Should I get the paper version so I can use Royal Mail to send the letter that way?

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i would not be including anything after ....rob me.

don't ever mention anything about what your future defence etc might be...don't play your cards.

 

you don't need to use their forms at all nor bother with them.

 

dx

 

 

 

  • Like 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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you missed the end bit out insulting gladdy's

 

I note your clients are claiming £xxx Unicorn Food Tax.  I'm sure you read DDJ Harvey's judgement in Lewes on 24 April.  Not very happy with these made up amounts, was he?

 

Your clients can either drop this madness now or get a good hiding in court.  Up to them.  I quite fancy a well overdue holiday once all this COVID stuff is over and your clients' financing it after an unreasonable costs order under CPR27.14(2)(g) would do nicely.

 

COPIED TO XXXX PARKING"

  • Like 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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I agree with dx, less in more, certainly when it comes to telling them where their clients have messed up legally.  I also agree about including the paragraphs about going for unreasonable costs.  The Unicorn Food Tax in your case is £55.

 

However, a couple of things.  Instead of "Dear Gladstones Solicitors" write "Dear Will & John".  These are the two spivs who run Gladstones (and the IPC and the IAS, no conflict of interest there!)  Forum regular Ericsbrother always starts his letters this way and if they put two and two together they'll know they are on to a spanking if they do do court.

 

Also write "COPIED TO MINSTER BAYWATCH" at the bottom and invest in another second class stamp and send to them too.  This is because Gladstones have loads of previous of getting their clients to start court claims that have no chance of success, after all it's £££££ in for them.  Let the PPC know too they will have to foot a hefty bill if they are stupid enough to try court.  Get two free Certificates of Posting from the post office.

 

 

Edited by FTMDave
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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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Ok I sent off my letter to Gladstone and MB, now the waiting game. I showed MSE and National Consumer Service my letter before claim response and the majority people were not impressed with my letter.

 

But after reading this quote on CAG, it feels like the next best approach regardless: ''No, it is not a joke reply. The more you show these con artists respect the more they will try to fleece you. Don't fill in their Section D. Treat them with contempt. They're not the police or the council, they have no right to this money and they know it.''

 

I still feel I've made the right decision but I feel doubtful at times with the wide amount of different opinions people have approaching this situation on the MSE and National Consumer Service forums.

 

 

 

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I'll be frank with you, I know nothing about MSE and NCS and I wouldn't slag off sites I know nothing about.

 

In my own case I stumbled across CAG due to seeing signs about private parking charges in car parks, I wanted to be able to defend myself, and bit by bit I've seen the strategy generally works.  No guarantees of course, there is an opposition which we have to second guess!  However, look at the thread of successes against these crooks  

      and there are many.

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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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Well it probably doesn't matter too much what you say in your response to their LBC providing it is not naive and yours certainly isn't that. They will take note of it as they will have seen others that have been similarly written so will be expecting a strong defence and may well decide not to turn up in Court. Which is why it was phrased that way.

Edited by lookinforinfo
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I'm generally convinced that there is at least 2 users on MSE that's in my thread that has friends or family or even themselves that have similar line of work to MB or Gladstone.

 

I don't mind different opinions but they're just throwing out playground insults to me for using that letter saying I'm stupid, prat, idiot etc etc for doing it and not including in the letter without prejudice so it can't be used against me in court. I think I'll leave MSE and just stick with CAG in this case.

 

 

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Sorry to hear about the "playground insults". 

 

The fact you didn't write "without prejudice" means the letter could be produced in court, not that the PPCs ever seem to do so.  Well, so what?  Minister Baywatch HAVE made up fictitious charges.  Courts HAVE told the PPCs off for this numerous times.  DDJ Harvey DID go ballistic about this.  I don't' see what's wrong in refuting a claim and referring to a persuasive court case to back up your position. 

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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