Gladstones solicitors "Letter before claim

[Jay_CB]

Hi, so I made a thread last month about my situation and I've asked for the following:
(A copy of the contract with the landowner where they have been granted authority to bring the claim
To clarify if your client is relying on schedule 4 of POFA 2012
Any details of the signage at the time of the alleged offence including the location and signage that has been added following this date
Any photographic evidence that is alleged to support this claim
Further details of the claim including where the vehicle was parked and how the monies being claimed has been calculated
Copies of any previous communication sent by your client to me
A detailed summary of how the amount being claimed by your client has been calculated including the sum of £60 for the time and resources they claim they have spent.)

Today I received the following email:

"Dear Mr ,


wewrite further to your request for further information in relation to the outstanding debt of £480.00.

You have received correspondence from Gladstones Solicitors in pursuit of unpaid parking charges incurred on 30 December 2016, 30 January 2017 and 31 January 2017, at the site known as . You are now held liable for the outstanding parking charge as pur Client received information from the DVLA to confirm you were the registered keeper of the vehicle when the charges were incurred as a result of your parking in such a manner as to breach the terms and conditions of parking. In this instance you were "parked without permit", thereby accepting the charge of £100.00.

The terms and conditions of parking are made clear on the signs within the managed area. The signs form the contract between you and our Client, Parking Control Management (UK) Limited. In light of this, the agreement between our Client and the landowner will not be provided at this stage, as it is not relevant to the contract between you and our Client.

We have provided copies of the charges which were affixed to your vehicle, and notified you in the first instance that a charge had been incurred.

The photographs attached to this email not only show the charge having been affixed to your vehicle, but also the signs which formed the contract and you were responsible for seeking out. Furthermore, the photographs also demonstrate your breach of contract and therefore the reason the charge was incurred.

Further to the above, we have attached the bundle of documents our Client would seek to rely on should a claim in this matter be issued.

We have also attached the pre-action protocol information sheet and our FAQs for any further queries you may have.

Upon your review of the attached, we invite you to make payment of the outstanding sum before 19 December 2018. In the event payment is not received, we will proceed with our Client's current instructions in this matter to issue a claim without further correspondence.

We trust this answers your questions.

Kind regards

Jobeth
Litigation Assistant "

I've attached the images of the PCN (there are 3 but only posted 1)

I'm really starting to panic as I haven't got the funds to pay and I'm already heavily in debt any help would be greatly appreciated. Thanks

rob ostell

[Jay_CB]

Good afternoon to everyone that reads, Today I have received a letter from Gladstones solicitors titled "LETTER BEFORE CLAIM" for 3 parking tickets dated in 2016 and 2017. This is the first time it I have been in a situation like this and I am unaware of what to do. I have asked close friends and they all seem to tell me to "ignore it" as it was on private land. I did stupidly throw away my PCN ( I only found 2 on my windshield) they are claiming 3 PCN's. Totalling over £450! I also do not recall receiving any letters from the date of the PCN to the letter I am currently referring to. I have browsed some forums and found a template letter of defence, I would please like some guidance in this matter and if the template letter is sufficient.

Thank you.


Dear Gladstone Solicitors,

I have received your Letter Before Claim in the post on 25th September 2018 but dated 20th September 2018.
As Solicitors you will be familiar with the requirements of the Practice Direction (PD) which was applicable prior to 1st October 2017 and the Protocol which applies thereafter. As you surely know the intended purpose of the PD and Protocol is to assist parties to settle the issue between them without the need to start proceedings and to support efficient management by the court and parties of proceedings that cannot be avoided. In order for this to happen it is expected that the Letter Before Claim is compliant with the requirements of the PD pre-action conduct (paragraphs 6(a) and 6(c) and the new pre -action protocol for debt claims paragraphs 3.1(a)-(d), 5.1 and 5.2. I therefore formally request all the information and documentation that your client is required to provide. This will include the following;
If I am being pursued and the driver or keeper of the vehicle
To provide concise details of the claim which should include the basis on which the claim is made and a summary of the facts
A copy of the contract with the landowner where they have been granted authority to bring the claim
To clarify if your client is relying on schedule 4 of POFA 2012
Any details of the signage at the time of the alleged offence including the location and signage that has been added following this date
Any photographic evidence that is alleged to support this claim
Further details of the claim including where the vehicle was parked and how the monies being claimed has been calculated
Copies of any previous communication sent by your client to me
A detailed summary of how the amount being claimed by your client has been calculated including the sum of £60 for the time and resources they claim they have spent.

I am unable to form any defence or response to your letter until I am in receipt of the requested information. Should your client fail to produce the requested information I will apply to the courts for an immediate stay in accordance with Paragraph 15(b) of the PD until this information has been provided. As you state in your standard letter which lacks clarity, please refer to Paragraph 2.1(c) of the PAP which obliges the parties to act reasonably and proportionately.
Should this matter proceed to a court hearing I will present this letter as evidence of my formal request and any response I receive from you in direct relation to my request.
I require a formal written response within 14 days of the date on this letter. I look forward to receiving this response,

Regards

[R0b]

Hello

Slight variation on a letter I've done before (word version attached)

[Jay_CB]

Hello

Slight variation on a letter I've done before (word version attached)

Thank you for your swift response, would I be ok with the letter I currently have or would you recommend I use your version ( If that's ok with you)
Thanks

[R0b]

Yours should be fine I'd imagine, mi e simply expands and clarifies a few pints

[Jay_CB]

Hi, I've registered with the website and they are now asking if I agree to the PCN or if i would like to challenge it, as this is my first time can i have some guidance.
Thank you


https://gyazo.com/b7ea3723dfbaf0aeb41bf08e044611d9
ostell

[ostell]

I would think this is "I dispute the debt"

This looks the "new" court system

[Jay_CB]

I would think this is "I dispute the debt"

This looks the "new" court system

Ok thanks, I will send my letter and keep you updated.

[R0b]

When you say you've registered with the website, is that the website listed on the Gladstones letter? It seems odd that you would have registered on the Money Claims website when Gladstones are obliged under the pre-action protocols to allow at least 30 days to respond (from 20 September).

I wonder if ostell can comment as to whether it was necessary to actually register on Gladstones website. Presumably they have now gathered information about you as the registered keepr (or driver?) which you should not have ordinarily needed to do.

[Jay_CB]

oh no! I hope i haven't done anything I shouldn't have, hopefully ostell can clear this up.

[ostell]

Can you point to the website you registered on please?

[Jay_CB]

sure, its the one on the gladstone letter but when i try to open the website by clicking below it doesn't work?

https://www.gladstonessolicitors.co.uk/

[ostell]

There is no need to register on the gladstones site. The data underneath that link is corrupt. Copy and past the address into a web browser and it works.

What details have you given Gladstones?

[Jay_CB]

first + last name
address
telephone number
address

and posted the letter

[Jay_CB]

update: It's been 14 days since I sent off the letter asking them to reply within 14 days and have received nothing, are they just ignoring me or preparing the documents ive asked for? thanks

rob ostell