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Gladstones/ UK car Park Management Ltd court claim. Help please!?
Hi,
I have read similar posts but am unsure how to act in my situation. Appreciate any and all help and thank you in advance!
Long story short; i live in block of flats for 2 years+.
I have had a permit since moving in to my flat which enables me to park in an allocated space in the same building.
Sometime last year i got a ticket in my car and also noticed my permit had fallen down the side of my car.
By the the time i got round to responding to the entity chasing me for money at the time, i repeatedly explained that this is a simple misunderstanding as i live on the premises of the car parking spot that i have a permit for and have done so since i moved in. The company enforcing the fine would not listen and were not prepared to cancel the fine.
Eventually i looked up online and as advised online ignored all letters being sent to me until today i received the below letter from Gladstones Solicitors.
I am unsure the best course of action and what to do? Please note Today is 23/10/2017 and date of letter is 13/10/2018 and i have 30 days to respond.... (20 days because i have only just seen the letter!!)
The letter reads as follows:
"
LETTER BEFORE CLAIM
Our client: UK Car Park Management ltd
Amount Due: £160.00
Vehicle Reg: "XXX XXXX"
We act on behalf of the Claimant and we have now been instructed to commence legal action against you to recovery the amount due above, as you have failed to settle the debts that are owing, or provide a valid reason for non-payment. We understand that our client has written to you to request payment but the amounts are still outstanding.
PCN Number Date of Charge Location Charge amount
XXXXX xx/xx/xxxx Xxxxxxxxxx £160.00
The charge amount includes £60 claimed by our Client for its time spent and resource facilitating the recovery of the charge. The amount is a pre-determined and nominal contribution to our Client's losses as a direct result of your non-payment.
In the event the outstanding debt is not paid in full, we are instructed to commence legal proceedings. Our Client is satisfied that it has sufficient evidence to support this claim and, if necessary, will rely on this evidence in court.
If you believe you have a valid reason for non payment, you are able to reply pursuant to Paragraph 4 of the Pre-Action Protocol for Debt Claims under the Civil Procedure Rules 1990 ('The PAP'). A version of the Information Sheet and Reply Form taken from the PAP can be completed on our website www.gladstonesolicitors.co.uk. Before completing the online Reply Form, you must first create a login, for which you will require your reference (xxxxxx.xxxxx). Alternatively, you can request a paper version (see overleaf).
We refer you to Paragraph 2.1(c) of the PAP which obliges the parties to act reasonably and proportionately.
Please pay or reply within 30 days of the date of this letter. Any reply received outside of the 30 day period may not be considered legal proceedings are likely to have been issued.
Your sincerely Gladstones Solicitors
"
I have read similar posts but am unsure how to act in my situation. Appreciate any and all help and thank you in advance!
Long story short; i live in block of flats for 2 years+.
I have had a permit since moving in to my flat which enables me to park in an allocated space in the same building.
Sometime last year i got a ticket in my car and also noticed my permit had fallen down the side of my car.
By the the time i got round to responding to the entity chasing me for money at the time, i repeatedly explained that this is a simple misunderstanding as i live on the premises of the car parking spot that i have a permit for and have done so since i moved in. The company enforcing the fine would not listen and were not prepared to cancel the fine.
Eventually i looked up online and as advised online ignored all letters being sent to me until today i received the below letter from Gladstones Solicitors.
I am unsure the best course of action and what to do? Please note Today is 23/10/2017 and date of letter is 13/10/2018 and i have 30 days to respond.... (20 days because i have only just seen the letter!!)
The letter reads as follows:
"
LETTER BEFORE CLAIM
Our client: UK Car Park Management ltd
Amount Due: £160.00
Vehicle Reg: "XXX XXXX"
We act on behalf of the Claimant and we have now been instructed to commence legal action against you to recovery the amount due above, as you have failed to settle the debts that are owing, or provide a valid reason for non-payment. We understand that our client has written to you to request payment but the amounts are still outstanding.
PCN Number Date of Charge Location Charge amount
XXXXX xx/xx/xxxx Xxxxxxxxxx £160.00
The charge amount includes £60 claimed by our Client for its time spent and resource facilitating the recovery of the charge. The amount is a pre-determined and nominal contribution to our Client's losses as a direct result of your non-payment.
In the event the outstanding debt is not paid in full, we are instructed to commence legal proceedings. Our Client is satisfied that it has sufficient evidence to support this claim and, if necessary, will rely on this evidence in court.
If you believe you have a valid reason for non payment, you are able to reply pursuant to Paragraph 4 of the Pre-Action Protocol for Debt Claims under the Civil Procedure Rules 1990 ('The PAP'). A version of the Information Sheet and Reply Form taken from the PAP can be completed on our website www.gladstonesolicitors.co.uk. Before completing the online Reply Form, you must first create a login, for which you will require your reference (xxxxxx.xxxxx). Alternatively, you can request a paper version (see overleaf).
We refer you to Paragraph 2.1(c) of the PAP which obliges the parties to act reasonably and proportionately.
Please pay or reply within 30 days of the date of this letter. Any reply received outside of the 30 day period may not be considered legal proceedings are likely to have been issued.
Your sincerely Gladstones Solicitors
"
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