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2019 Parking Ticket resurfaced - Gladstones Solicitors letter :(

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  • 2019 Parking Ticket resurfaced - Gladstones Solicitors letter :(

    Good Evening

    A parking fine was received in October 2019 when the driver of a vehicle registered to myself parked in what Parking Solutions 24 believed to be improper

    For context, the parking spot in question was in a car park of a university, which the driver had paid to park in, but was full. The driver contacted the company in question previously by telephone to ask whether a space which was suitable to park in, but not marked as a spot, could be parked in. No sufficient answer was ever given to the driver, so at a later date they parked in said spot

    A PCN was issued. Advice was sought from another forum which appears not to exist anymore and an appeal was subsequently filed. From memory, efforts were made to appeal to POPLA(?) but were unsuccessful.

    The 'debt' was passed to no less than 6 different debt collection companies and a large amount of threatening letters were received, but stopped around the time of Covid and nothing was heard since

    6 days ago a letter was received by the keeper from Gladstones Solicitors and states are follows:
    (Note: It is dated 27th April, nearly 2 weeks before it arrived.)

    "Client: Parking Solutions 24 Ltd
    Amount due: 130

    We act on behalf of the above Client and are instructed to commence legal proceedings against you to recover unpaid parking charge notice(s) as detailed in the attached schedule (full details of them having been sent to you by our Client already), if the Amount Due/Debt remains unpaid or a valid reason for non-payment is not provided.

    The amount Due/Debt includes 70.00 claimed by our Client for the time/resources spent facilitating the recovery of the unpaid parking charge notice(s) pursant to its ATA's Code of Practice and the Terms and Conditions of the Contract, which was entered into upon the driver of the vehicle entering the Relevant Land. The amount is a pre-determined and nominal contribution to our Client's losses as a direct result of your non-payment.

    We refer you to the Pre-Action Protocol for Debt Claims (paragraph 7) (the 'PAP) and the Practice Direction for Pre-Action Conduct (paragraphs 13-16) contained in the Civil Procedure Rules ('CPR'); regarding the Court's powers to impose sanctions for any failure to comply with the Practice Direction or the Protocol.

    You should do one of the following within 30 days of the date on this letter:

    1. Pay the debt - to make payment see details overleaf
    2. Dispute the debt - If you dispure the Amount Due/Debt you should respond via the Reply Form. In according with the PAP, which obliges the parties to act reasonably and proportionately, this can be completed on our website www.gladstonessolicitors.co.uk. Alternatively, you can request a paper version (see overleaf)

    Before completing the online Reply Form you will be required to create a login, you will need your reference (xxxxx.xx) to do this

    Warning regarding the issue of Court Proceedings
    If you fail to pay the Amount Due/Debt or provide reasons as to why you dispute the debt within 30 days, our Client reserves all its rights, including the right to commence Court proceedings (without further reference to you should that prove necessary and appropriate), which will incur further costs and interest (as detailed overlead), which will be added to the value of the Amount Due/Debt.

    Our Client is satisfied it has sufficient evidence to support any Court proceedings brought against you.

    Should you fail to make payment of the Amount Due/Debt and fail to respond to any subsequent Court proceedings, a County Court Judgement ('CCJ') may be entered against you

    County Court Judgement
    If a CCJ is obtained in default, this will show on your credit record immediately and if payment of the CCJ is not made within 1 calendar month of the date of entry of the Judgement, the CCJ will not be removed and will be applied to your credit record for a period of 6 years.

    This may affect your ability to obtain credit in the future, or result in higher rates of interest being applied to any credit you are to obtain.

    Please Contact Us
    Please note any reply received after 27 May 2022 legal proceedings may have already been issued; however, we will still consider your response in due course.

    Our team is ready to try to work with you to resolve this matter without the need for Court proceedings and it is important you contact us upon receipt of this letter.

    Sincerely

    Gladstones

    Bit of info on how to request a paper version of the information sheet and reply form
    A separate piece of paper shows 'Schedule of unpaid PCN(s):
    Current charge: 130
    Estimated Claim Value:
    "If our Client issues Court proceedings, this may result in you being liable for the Court Issue Fee, Fixed Solicitors' costs and statutory interest, which are estimated below:
    Debt: 130
    Interest: 0
    Court Fee: 35
    Solicitors Costs: 80
    Total: 245

    Note: Interest is calculated daily and will be added to the Amount Due/Debt if Court proceedings are issued"

    Any advice would be very well received!
    Tags: None

  • #2
    Is anyone able to provide any advice please?

    Even vague/general advice welcome, of course the clock is ticking so I need to act in the next few days

    Comment


    • #3
      ostell maybe be able advise

      Comment


      • #4
        Have I done something wrong? Could really do with some advice please

        Comment


        • #5
          So how about some info, like the PCNs received, photos of the signs? They are not entitled to the additional 70. Indeed POFA only allows them to claim the original amount from the keeper. THeir ATA has no power, it is not law.

          SAR to Parking company, COPR 31.14 request to solicitors to get all of the information.

          Solicitors costs seem a bit high.

          Comment

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