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


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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

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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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 by FTMDave
Typo

We could do with some help from you.

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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 

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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 by dx100uk
added A few blank lines only..dx
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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

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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

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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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

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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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.

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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