Gladstones LBA Letter

[Tusk]

Hello all,

As per the thread title I have just received a letter before court from Gladstones solicitors. This follows a bogus ticket from Parking Control Management which I replied to using a template letter a few months ago disputing it's validity. Following that I received the usual letter chain requesting payment which I ignored until the LBA arrived today.

From what I've read here and elsewhere I will need to at least acknowledge the LBA within 14 days, and respond with a letter which is more personal to my case rather than just another template. I think the idea is to force them to respond to you with more details of their case against you rather than their own template which is in breach of the practice direction ?

I was hoping for some advice as to how to personalise my response without giving any personal information or admitting any liability.

Many thanks for your help.

[ostell]

Re: Gladstones LBA Letter

So how can anyone help if they don't know the details? Why was it a bogus ticket, what did you say in the template letter, what was the original NTK, when was the "offence", when was the NTK received, was there a windscreen ticket?

[mystery1]

Re: Gladstones LBA Letter

I'd edit this to suit



Dear Gladstones,


I write in response to your letter before action dated xxxxxx, the contents of which are noted.




As the pre action protocols expect us to exchange sufficient information to understand each others position please forward to myself the original parking charge notice and a picture of the signs at the location as well as the operators contract which allows them to operate at the site (or indeed confirmation they own the land in question).




As well as the information already requested please answer the following questions :-


What type of car park is it ?


What contravention gives a cause of action ?


Who contravened the rules ?


Who you are pursuing ?


Have you followed the rules laid down in the Protection of freedoms act 2012 schedule 4 ?


How is the £100 made up ?


Not only will this information help comply with the pre action protocols it will also help achieve the over riding objective.


Having done some research on your claims i request that if you ignore my requests for information that your claim complies with


CPR 16


Contents of the claim form
16.2
(1) The claim form must –
(a) contain a concise statement of the nature of the claim




Contents of the particulars of claim
16.4
(1) Particulars of claim must include –
(a) a concise statement of the facts on which the claimant relies;




Practice direction 16


Other matters to be included in particulars of claim




7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.






I await your response.




Yours sincerely

I think the idea is to force them to respond to you with more details of their case against you rather than their own template which is in breach of the practice direction ?

Ideally you want a proper reply full of information so you can adequately defend the matter. Usually they don't which places you in a good place regarding costs and repelling an adjournment on the inadequate pleadings.

M1

[Tusk]

Re: Gladstones LBA Letter

Hi and thanks for the replies.

Apologies for the lack of info, the original ticket was issued in March and by bogus I mean the practice of issuing the ticket was ridiculously underhand (no windscreen ticket) , and issued by a girl in plain clothing using her phone to take pictures of the car and giving the drivers of this particular loading bay absolutely no time to check the signage or even ask her what the conditions for parking were.

I replied using a template from the MSE website which complies with the new ruling of not ignoring the PCN but also not admitting liability or disclosing the name of the driver at the time of the offence.

"Ideally you want a proper reply full of information so you can adequately defend the matter. Usually they don't which places you in a good place regarding costs and repelling an adjournment on the inadequate pleadings."

The above quote is what I'm hoping to get help with. Do I explain ?

[ostell]

Re: Gladstones LBA Letter

So send the letter suggested by M1.

Did you actually remain parked or leave after reading the notice and deciding not to stay? You are allowed time to enter, read the signs and then leave if you don't agree.

Did the Notice to Keeper arrive within 14 days. Did the NTK comply with the requirements of POFA 21012 paragraph 9 to be able to hold the keeper liable. Here is POFA

[mystery1]

Re: Gladstones LBA Letter

Hi and thanks for the replies.

Apologies for the lack of info, the original ticket was issued in March and by bogus I mean the practice of issuing the ticket was ridiculously underhand (no windscreen ticket) , and issued by a girl in plain clothing using her phone to take pictures of the car and giving the drivers of this particular loading bay absolutely no time to check the signage or even ask her what the conditions for parking were.

I replied using a template from the MSE website which complies with the new ruling of not ignoring the PCN but also not admitting liability or disclosing the name of the driver at the time of the offence.

"Ideally you want a proper reply full of information so you can adequately defend the matter. Usually they don't which places you in a good place regarding costs and repelling an adjournment on the inadequate pleadings."

The above quote is what I'm hoping to get help with. Do I explain ?

No, not yet and maybe never. If the keeper liability requirements haven't been met then we don't want to tell them who drove as there are strict requirements for keeper liability which help us but don't matter a toss to the driver.

M1