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

[FTMDave]

The regulars here are certainly available to help.

 

However, these threads are read by other motorists in a similar situation so it's important that we point out what to do - but also what not to do.

 

Please fill in the sticky in post 3, twice (once for each ticket).  This will help us see if the fleecers have sent out their demands within the correct legal time frame, 'cos a lot of the time they don't.

Edited May 15, 2021 by FTMDave

[FTMDave]

Click on this link

 

https://www.consumeractiongroup.co.uk/topic/391121-have-you-received-a-parking-ticket/

 

You will see a list of questions to answer if you originally got a windscreen ticket.  And a different one if it were ANPR cameras that clocked your plate.  Whichever one it was, please copy and paste the questions and answer as best you can.  Any info., even if paltry, will help us build up a case to fight the fleecers.

 

[FTMDave]

19 hours ago, munksey2001 said:

I have had a quite a few

Thank you for posting the info we asked for.

 

This sentence worries me.  Are you saying there are likely to be more than two tickets?  These companies are normally reluctant to do court for a single ticket as anything they might win will be eaten up in legal costs, but if there are several tickets it is highly likely they will start a court claim some point.

 

The good news is that residential parking claims are the hardest for these fleecers to win.  So -

 

1.  Ignore Gladstone's letter.  It's not a Letter Before Claim and in the short term they will do nothing.

 

2.  Get a SAR off to PCM tomorrow so we can get to the bottom of how many of these invoices they are and if they bothered to follow the law when sending them out.  Simply send 2nd class post, but get a free Certificate of Posting from the post office.

 

Could you tell us briefly what the fleecers reckon you did wrong?

 

Plus what is your housing situation?  Presumably you have the right to park a vehicle outside your property?

 

 

[FTMDave]

Your housing/parking situation is excellent, as you almost certainly have Supremacy of Contract which would see off any PCM court claim.

 

That's probably why they haven't done anything previously, except get pointless letters sent by Trace.

 

Anyway, get the SAR off tomorrow.  Come back here when you get a reply or if they don't respect the legal time frame.

 

If they are daft enough to send a Letter Before Claim later on they can be told by snotty letter that they would be thrashed in court.

[FTMDave]

The fleecers have a month to answer, so it's not surprising you haven't had a reply yet.

 

I would have simply asked for all personal data without including dates,, as a lot of the threats they'll have sent you will have been after you sold the car and indeed continue up to the present day.  The data is on you, not the vehicle.

 

However, that's not fatal, what is most important is to find out how many of these tickets they've issued and if they respected the POFA time frame when they sent them out.

[FTMDave]

Please post up the PCNs (any follow-up threatening letters aren't really important).

 

We need to see how many PCNs there are, and the dates they were sent.

[FTMDave]

How many PCNs are there in total?

 

Please redact and upload the ones issued on 05.04.19 & 22.04.19.

 

 

[FTMDave]

Well that's good news they are only two.

 

If you click on upload a guide will pop up to explain everything.

[FTMDave]

Well done on the work you've put in, you've found out that there are only two PCNs and that the fleecers have respected the legal framework for once.

 

The fact remains you have Supremacy of Contract so you don't owe a bean.

 

BTW, being "passed to Gladstones" just means that every month or so PCM send a list of drivers who are still not paying and Gladstones send out a standard letter for a few quid.  Not exactly the height of legal wizardry.

 

Don't do anything now till a Letter Before Claim arrives.

 

There's nothing precise to do, but read a few residential parking threads and the articles on Supremacy of Contract on the Parking Prankster's blog, so you know how this all works.

[FTMDave]

The fleecers send these letters hoping the motorist will be terrified of the idea of court and will cough up or else won't reply and they can sneak through a default judgement.

 

You need to answer and show you would be big trouble for them if they did do court.

 

Use our search function to search for "snotty letter" on this part of the forum, and you'll soon get the idea.

 

There is an example in drew57's thread which is also a Gladstones one.

[FTMDave]

Adapt the letter in post 32 here  https://www.consumeractiongroup.co.uk/topic/439586-futuregladstones-anpr-pcn-paploc-funfair-bridge-st-stourport-on-severn-worcs/page/2/#comments

 

The Letter Before Claim did come from Gladstones, didn't it?

[FTMDave]

I'm tweaking the snotty letter as yours is a residential parking case and slightly different to drew57's.  Just one question first.  How much do Gladstones want?

 

Is it £100 + £100 + £60 invented costs = £260?

 

Or £100 + £100 + £60 + £60 = £320?  I suspect the latter.

[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

[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.

[FTMDave]

Any update here?