PCM/Trace/Gladstone 2*PCN's - ignored everything - Residential Parking - now gladstones letter

[munksey2001]

They have said it’s £160 for each pcn so £320 in total. Thank you for your help 

[dx100uk]

no just a snotty letter not compliant to anything

 

just get free proof of posting.

 

post your idea up here 1st 

 

the best way to search CAG is to use our enhanced google search box

snotty letter

 

if you use the search in the top red toolbar you need to add a + sign between each word so you would type

 

snotty+letter

[FTMDave]

How about something like this?

 

 

Dear Will and John,

 

Re: PCN no.XXXXX and no.XXXXX

 

cheers for your Letter Before Claim.  I had a good laugh at the idea you actually really thought I'd take such tripe seriously and cough up!

 

As usual you'll have been too bone idle to do any due diligence before sending out your bilge otherwise you'd have seen this is a residential parking case.  You know and I know and now you know that I know why your client isn't entitled to a red cent in such cases.

 

Your client has also scored a big own goal by adding a whopping £120 in Unicorn Food Tax.  Oh dear oh dear oh dear.  Judges don't like these made-up sums, do they?

 

Your client can either drop this hopeless case or get a good kicking in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and spend it all on a foreign holiday now that we can all travel again, while all the time laughing at your client's expense.

 

I look forward to your deafening silence.

 

COPIED TO PARKING CONTROL MANAGEMENT (UK) LTD

 

 

Wait and see what the other regulars think today, then if there is no retweaking send off copies both to Gladstones and to PCM tomorrow by 2nd class post, and make sure you get two free Certificates of Posting from the post office.

 

Any competent company would see "residential parking" and give up as they know full well it is very difficult for them to win such cases.  However, they may be blinded by £££££ as there are two tickets.  I've tried to hint that you know the law but at the same time tried not to play our cards too early.

Edited September 2, 2021 by FTMDave
Typo

[munksey2001]

Tha 

17 minutes ago, FTMDave said:

How about something like this?

 

 

Dear Will and John,

 

Re: PCN no.XXXXX and no.XXXXX

 

cheers for your Letter Before Claim.  I had a good laugh at the idea you actually really thought I'd take such tripe seriously and cough up!

 

As usual you'll have been too bone idle to do any due diligence before sending out your bilge otherwise you'd have seen this is a residential parking case.  You know and I know and now you know that I know why your client isn't entitled to a red cent in such cases.

 

Your client has also scored a big own goal by adding a whopping £120 in Unicorn Food Tax.  Oh dear oh dear oh dear.  Judges don't like these made-up sums, do they?

 

Your client can either drop this hopeless case or get a good kicking in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and spend it all on a foreign holiday now that we can all travel again, while all the time laughing at your client's expense.

 

I look forward to your deafening silence.

 

COPIED TO PARKING CONTROL MANAGEMENT (UK) LTD

 

 

Wait and see what the other regulars think today, then if there is no retweaking send off copies both to Gladstones and to PCM tomorrow by 2nd class post, and make sure you get two free Certificates of Posting from the post office.

 

Any competent company would see "residential parking" and give up as they know full well it is very difficult for them to win such cases.  However, they may be blinded by £££££ as there are two tickets.  I've tried to hint that you know the law but at the same time tried not to play our cards too early.

thank you so much I will await for confirmation from others and prepare and send the 2 copies. Thank you for your help as always 

[lookinforinfo]

I've just gone back and looked at the PCN's you posted back in June.

 

They sent two NTK's for one of the "alleged" breaches presumably because the first one did not comply with PoFA.

 

They then sent you another version of the NTK which was also not compliant with PoFA. Total muppets. And of course the other PCN was also non compliant.

 

 I find it hard to believe that they are even threatening to go to Court with you. There is no way on God's earth that they can win if you bring their failures to the Court's attention.

 

As your PCNs were both windscreen tickets then when they follow up with their Notice to Keeper  comes under section 8 of PoFA and in s8 2] it states "must". As such the procedures and wording must be virtually identical to the procedures and words in the Act.

 

So in s8 2] [f] it states "

(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;"

 

In their version they ignore most of those words and then say "This is inclusive of  recovery action and is in accordance with Schedule 4 of the Act. Which it isn't.

 

Edited September 2, 2021 by dx100uk
added A few blank lines only..dx

[munksey2001]

22 minutes ago, lookinforinfo said:

I've just gone back and looked at the PCN's you posted back in June.

 

They sent two NTK's for one of the "alleged" breaches presumably because the first one did not comply with PoFA.

 

They then sent you another version of the NTK which was also not compliant with PoFA. Total muppets. And of course the other PCN was also non compliant.

 

 I find it hard to believe that they are even threatening to go to Court with you. There is no way on God's earth that they can win if you bring their failures to the Court's attention.

 

As your PCNs were both windscreen tickets then when they follow up with their Notice to Keeper  comes under section 8 of PoFA and in s8 2] it states "must". As such the procedures and wording must be virtually identical to the procedures and words in the Act.

 

So in s8 2] [f] it states "

(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;"

 

In their version they ignore most of those words and then say "This is inclusive of  recovery action and is in accordance with Schedule 4 of the Act. Which it isn't.

 

Thank you for having a read through the thread. I shall prepare the letter and send the 2 copies or should I add anything else to it? Thank you

[dx100uk]

Munksky just type

No need to keep hitting quote please

Makes the thread twice as long and diff to find your reply start on mobile/small screen s

 

Dx

[munksey2001]

Apologies thank you for letting me know 

[brassnecked]

FTM Dave's take on the snotty letter is a decent response to Gladstones, the solicitors most likely to lose their clients money for them in court

[lookinforinfo]

 

Brassnecked is right. Don't include the PCNs being non compliant in your snoty letter. Keep it for your WS when it will be too late to try and amend it.

[FTMDave]

Send the letters as drafted tomorrow.  The aim at the moment is to convince them they would be on to hiding to nothing if they did do court, so best for them to leave you alone and concentrate on some other mug.

 

Don't play all your cards, otherwise the PPC will simply make up lies to counter your arguments.

 

LFI's excellent work will come in handy later on if they do do court, but hopefully it won't come to that.

[honeybee13]

Thread reopened.

 

HB

[munksey2001]

Hi guys,

I’m back as Gladstone’s contacted me by phone and I picked up and said I’m busy call me back later and never did answer

. I have now received a court claim form but for 1 pcn that is different to ones I have been fighting.

Instead it’s for one at my previous property address which was also private property

. It’s like they’ve ignored the 2 I have been fighting and sending letters about and chosen one from 15/01/2017 and decided to take me to court about this one which I don’t even remember about as I only bought the car 02/01/2017. 

[honeybee13]

So how many claim forms do you have in total, two?

 

Is the one from Gladstones connected with the other one/s on this thread? If not, it would be better to start a new thread for this parking event.

 

HB

[munksey2001]

I have 1 claim form for 1 PCN but in my other thread I was fighting against 2 pcns from same people company UKPC but for my old car but current address.

 

Now they have sent me a claim form for my old car but my old address.

 

a whole new PCN that I wasn’t aware of or been fighting for past year. 

[honeybee13]

This is your original thread, the PCM/Gladstones one.

 

And you have a new one for UKPC.

 

Are they the two claim forms?

 

HB

[dx100uk]

Create a new thread

get the new sticky for a ppc clamform done on th e new thread and get aos+cpr done.

 

dx

[munksey2001]

I have created a new thread already and honeybee13 is helping but I will need help with ‘sticky’ ppc claim form where to find this and with a ‘aos’ and ‘cpr’. Thank you 

[honeybee13]

Go to your other thread, I posted the sticky link in post #2.

 

HB

[honeybee13]

Hi.

 

Just so we're clear, is the only claim form you've had for VCS on your new thread? And that so far, Gladstones or PCM haven't sent a claimform?

 

HB

[munksey2001]

Morning Honeybee13, yes that’s right so far I haven’t received a court claim from Gladstone’s regarding the 2 pcns in this thread. My other thread is about a different pcn that I had no idea about and can’t remember to be honest. 

[munksey2001]

I’ve just received a letter from Gladstone’s saying that I don’t have a defence case for these 2 parking tickets and that they will proceed with the court case if I do not pay £320. BUT they are willing to accept £200 to stop any legal proceedings??? 
 

I am going to ignore or should I reply? 

[honeybee13]

Well they would say that, wouldn't they?

 

What's the heading of their letter please?

 

HB

[dx100uk]

std letter they always send if you read a few threads here.

 

but you've not had a claimform nor filed a defence for the one they are writing about? so...BS.

 

 

 

 

[FTMDave]

Any update here?