Gladstones letter

[hyciebee]

My sis spoke to the owner of the flat online. She said there's nothing in the lease about that car park as her parking is under the building. The one I parked in is the public one.
It really sticks in my craw to pay £170 for parking on the line. I offered them the £60 and they wrote back that they had destroyed the cheque and wanted £100! As it was the middle of a pandemic the mail service wasn't great so the appeal was slightly late.
This just feels like daylight robbery. £170 from my meager pension :-(

[hyciebee]

Stupidly I admitted to being the driver in the first appeal. I didn't know any better then.

[des8]

So last chance is your attempt to pay the reduced charge of £60

Can you find and post up original first notice to keeper (redact identifying details but leave all dates)/

Also when did you post the cheque, and what date was on it?

Have you checked they have not paid it in? (Don't trust them when they say they have destroyed it so keep that notification safe !!)

[hyciebee]

This is the original notice. The bottom is cut off because I sent it with the cheque. The cheque stub says 13/12/21.

[hyciebee]

I'll check my account to see if it was cashed. Thanks for the heads up.

[des8]

As you said " it was the middle of a pandemic the mail service wasn't great so the appeal was slightly late" I was hoping just a couple of days out.
However as the cheque was dated some weeks later that isn't a viable defence

You might try asking Gladstones how they justify the demand for £170 when the protection of Freedoms Act 2015 (PoFA 2015) at Schedule 4 sec4 (5) states they may only recover from the keeper the amount (£100) stated in the notice to keeper.
Exact wording: "(5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).

They might not realise that they know you were the driver and so reduce their demand to £100.

[hyciebee]

Hi, the cheque was dated later because I had to wait for the appeal decision to come back. By the time I posted the appeal and they wrote back to me that took most of November. They asked for £100 but I enclosed a nite that it was the mail service why the appeal was a bit late, it could only have been a day or two. They say the extra £70 is for "time and resources spent facilitating the recovery of unpaid parking charge notice pursuant to uts ATA's Code of Practice and the Terms and Conditions of the contract,"
The furst claim from the debt collectors was £170 though.
What do you think my chances are in court if I explain it was pandemic time, I attempted to pay, they refused and wanted more?

[des8]

Unless you get a very sympathetic judge I doubt it will wash!

ATA's code of practice (sec 19.1.5) states the Parking Company must consider appeals which are received outside of the normal period usually allowed for lodging an appeal where there are exceptional circumstances for the appeal not being lodged within the normal time frames.

You might argue that the code of practice is a term of the contract and that the Company are in breach.

If you decide to do so, good luck

[hyciebee]

I think a global pandemic affecting mail delivery is an exceptional circumstance, so I'll try that. My grateful thanks for all.this brilliant advice Des8! Without this I would have gone mad. Thanks you, thank you, thank you x

[hyciebee]

Hello DES8, it's me again after all these months!
I caved and sent Gladstone's Solicitors a cheque for £100. I quoted what you told me about the Freedoms Act 2015, Schedule 4.
Gladstone's cashed the cheque immediately so I thought it was allover. Now they're writing that if I don't pay £70 costs, they will proceed to court. I've just about had enough of them, I'm on a state pension (which I've explained each letter).
What do you think my chances will be in court with this. I'd appreciate some more of your expert advice. H

[hyciebee]

DES8, I'm still getting letter from Gladstones insisting that I pay an additional £70 (after paying £100 already). Any advice?

[des8]

so you have paid them £100 and they are still demanding a further £70.

I would write back telling them I would robustly defend any claim for their costs
1) if they are pursuing me as keeper they can only charge the £100 original charge as explained in post 21
2) if they are pursuing me as driver (i0 they need to prove I was the driver (ii) the signage term regarding costs was unclear & so unfair as per Consumer Rights Act 2015 sec 62 and (iii) the Supreme Court in Parking Eye v Beavis [2015] UKSC 67. Case ID. UKSC 2015/0116. found (paras 188 and 193 of the judgment).found the parking charge (£85) was a genuine estimate of the costs of operating the parking scheme including losses suffered by the operator if its terms and conditions were not complied with. So costs additional to the parking charge may involve an element of double recovery and is an abuse of process that may permit the Court to strike out the claim (CPR3 4 (2) (b))

So if they do not cease their pursuit of the costs outside the court process I will complain about their actions to the SRA.

It might stop them, but I doubt they would go to court as it will cost them more than they could recover even if they should win ...... but you can never tell1

[hyciebee]

Once again, many thanks!