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Hi All,
I have been a long-term follower of this forum and have been able to dispute a couple of unfair charges so far. Usually the case is quite straightforward as in most cases there is no contravention or I am able to get the original landowner to back me up and use this to send the debt collection companies packing.
The original fine was nearly 2 years ago. They sent an NTK in the required timeframe which I appealed. They rejected my appeal within 15 minutes of receiving it (I have read this is the case most times). The original company was UKPS and then I was pursued by DRP, Zenith, and now finally Gladstone Solicitors. At each stage I have received multiple letters, each of which I have filed. When I send them a detailed response, they usually stop responding with no acknowledgement. I have stated in each of my letters that I do not consent to my data being forwarded to a third party, but each time, a new debt collector starts to pursue me a few months later. They always threaten legal action but so far I have not received a Letter Before County Court Claim.
There are a couple of things about the carpark. Firstly, it is wedged between two stores, and there is a further parking lot of the other store that you have to drive through this car park to reach. The signage is confusing as both stores have their signs right next to it and there is no indication to which side each store is. THe pictures first show me going towards the other store, but I realised and went back to the original store (let's call it Store A). I entered Store A and looked for the item that I needed, but did not find the product I wanted. I have taken a picture of the store showing that the parking tablet is hidden away behind some shelves on the till. I did not approach the till as I did not find what I bought. I did not realise I needed to register my number plate as this was not clear anywhere, nor were there any signs saying register for parking. I briefly spoke to the shop clerk who said yes they have outsourced parking, they can't do anything. I am not a local so did not go back, it was my first time at the store so did not have any rapport with the clerk etc. I however appealed it on the grounds that the signage wasn't clear, not visible from a public road, and that I was actually a customer in the shop, so was not contravening the rules of the parking.
My latest response to Gladstone was in August, and they sent the following response back nearly five months later. I have included the response and included some of my comments in quotation marks. I am now getting really frustrated and the sheer number of companies and explaining the same thing again and again is really annoying. The letters are also quite threatening. I have also had to enable mail redirection as I have since moved house (and sold the car a long time ago). I have repeatedly requested that they carry out all correspondence purely through email but every new company seems not to know this.
I apologise for the long message and appreciate any help or advice in this. I am not sure my claim has enough merit to be defendable in county court, and I have no legal experience as such. They have given me 14 days to respond to the below (despite taking 5 months themselves to respond). I am feeling very harrassed and also contemplating writing to my MP but again, if my case does not have merit then should I just settle. I still maintain that I did nothing wrong, and the charge is completely disproportionate (£100 charge for being there for around 12 minutes at a time when the carpark was nearly empty).
--- Text of the last reply with my comments in ""
We write further to the above matter and in particular your email of XX August 20XX. We apologise for the initial delay in our response.
We trust you have received a satisfactory response from our Data Team regarding your queries relating to your data. "I also made a data protection claim against them for selling my data on. They said we don't know about the other debt recovery agencies but we believe our client acted in proportion".
Please find attached the bundle of evidence on which our client may seek to rely should the need for legal proceedings arise. We trust you will find the contents self-explanatory. "They sent me an attachment with a number of details and images of my car parked. All of this is information that I have already seen."
With regards to your appeal to our client, our client's response team work flexibly and pick up work as and when required. In this respect your appeal was straight forward and a prompt respond could be provided without delay. "this was in reference to an earlier email I had made where I argued that the appeal consideration had not been complete and unbiased".
The signs displayed at the site clearly state drivers must enter their full vehicle registration details into the parking tablet at Food City. If you choose to park outside of these terms, you accept the charge set out on the sign. The signs form the contract between yourself and our client.
Our client's photographic evidence shows your vehicle bearing registration number XY23 XXX parked in clear view of our client's signs. During this time the vehicle registration details were not entered into the parking tablet as required. By parking in such a manner you accepted the charge of £100.00 set out on the signs.
Payment of the charge has not been forthcoming within the relevant timeframe and as such the contract between yourself and our client has now been breached. Our client has incurred further costs as a direct result of the breach in taking steps to recover the outstanding debt.
We note you admit within your correspondence to entering STORE X. Upon parking on private land it is your responsibility as the driver to ensure you comply with the terms and conditions of parking set out on the signs. It is not the responsibility of the staff to advise you to enter your vehicle registration and your version of events is not sufficient to absolve you of your liability in respect of the charge.
We cannot offer any comment regarding your correspondence with debt recovery agencies who may have been instructed previously in this matter.
Your position concerning harassment is denied on the basis that both our client and ourselves are taking reasonable steps to understand your position as is required of both parties under the Pre-Action Protocol for Debt Claims. "My claim for harrassment was on the basis that A- I had received multiple letters from multiple agencies, all with very threatening information (most of which turned out to be false. I have multiple letters saying LAST CHANCE TO PLAY OR FACE LEGAL PROCEEDINGS in block capitals). B- I had received conflicting information, for example I would get an acknowledgement via email saying wait 14 days for a response, but then receive a letter saying PAY NOW OR FACE LEGAL PROCEEDINGS".
In view of the above and attached it remains our client's position the charge has been correctly issued and the sum of £160.00 is outstanding. "The original PCN with an attached fees".
I have been a long-term follower of this forum and have been able to dispute a couple of unfair charges so far. Usually the case is quite straightforward as in most cases there is no contravention or I am able to get the original landowner to back me up and use this to send the debt collection companies packing.
The original fine was nearly 2 years ago. They sent an NTK in the required timeframe which I appealed. They rejected my appeal within 15 minutes of receiving it (I have read this is the case most times). The original company was UKPS and then I was pursued by DRP, Zenith, and now finally Gladstone Solicitors. At each stage I have received multiple letters, each of which I have filed. When I send them a detailed response, they usually stop responding with no acknowledgement. I have stated in each of my letters that I do not consent to my data being forwarded to a third party, but each time, a new debt collector starts to pursue me a few months later. They always threaten legal action but so far I have not received a Letter Before County Court Claim.
There are a couple of things about the carpark. Firstly, it is wedged between two stores, and there is a further parking lot of the other store that you have to drive through this car park to reach. The signage is confusing as both stores have their signs right next to it and there is no indication to which side each store is. THe pictures first show me going towards the other store, but I realised and went back to the original store (let's call it Store A). I entered Store A and looked for the item that I needed, but did not find the product I wanted. I have taken a picture of the store showing that the parking tablet is hidden away behind some shelves on the till. I did not approach the till as I did not find what I bought. I did not realise I needed to register my number plate as this was not clear anywhere, nor were there any signs saying register for parking. I briefly spoke to the shop clerk who said yes they have outsourced parking, they can't do anything. I am not a local so did not go back, it was my first time at the store so did not have any rapport with the clerk etc. I however appealed it on the grounds that the signage wasn't clear, not visible from a public road, and that I was actually a customer in the shop, so was not contravening the rules of the parking.
My latest response to Gladstone was in August, and they sent the following response back nearly five months later. I have included the response and included some of my comments in quotation marks. I am now getting really frustrated and the sheer number of companies and explaining the same thing again and again is really annoying. The letters are also quite threatening. I have also had to enable mail redirection as I have since moved house (and sold the car a long time ago). I have repeatedly requested that they carry out all correspondence purely through email but every new company seems not to know this.
I apologise for the long message and appreciate any help or advice in this. I am not sure my claim has enough merit to be defendable in county court, and I have no legal experience as such. They have given me 14 days to respond to the below (despite taking 5 months themselves to respond). I am feeling very harrassed and also contemplating writing to my MP but again, if my case does not have merit then should I just settle. I still maintain that I did nothing wrong, and the charge is completely disproportionate (£100 charge for being there for around 12 minutes at a time when the carpark was nearly empty).
--- Text of the last reply with my comments in ""
We write further to the above matter and in particular your email of XX August 20XX. We apologise for the initial delay in our response.
We trust you have received a satisfactory response from our Data Team regarding your queries relating to your data. "I also made a data protection claim against them for selling my data on. They said we don't know about the other debt recovery agencies but we believe our client acted in proportion".
Please find attached the bundle of evidence on which our client may seek to rely should the need for legal proceedings arise. We trust you will find the contents self-explanatory. "They sent me an attachment with a number of details and images of my car parked. All of this is information that I have already seen."
With regards to your appeal to our client, our client's response team work flexibly and pick up work as and when required. In this respect your appeal was straight forward and a prompt respond could be provided without delay. "this was in reference to an earlier email I had made where I argued that the appeal consideration had not been complete and unbiased".
The signs displayed at the site clearly state drivers must enter their full vehicle registration details into the parking tablet at Food City. If you choose to park outside of these terms, you accept the charge set out on the sign. The signs form the contract between yourself and our client.
Our client's photographic evidence shows your vehicle bearing registration number XY23 XXX parked in clear view of our client's signs. During this time the vehicle registration details were not entered into the parking tablet as required. By parking in such a manner you accepted the charge of £100.00 set out on the signs.
Payment of the charge has not been forthcoming within the relevant timeframe and as such the contract between yourself and our client has now been breached. Our client has incurred further costs as a direct result of the breach in taking steps to recover the outstanding debt.
We note you admit within your correspondence to entering STORE X. Upon parking on private land it is your responsibility as the driver to ensure you comply with the terms and conditions of parking set out on the signs. It is not the responsibility of the staff to advise you to enter your vehicle registration and your version of events is not sufficient to absolve you of your liability in respect of the charge.
We cannot offer any comment regarding your correspondence with debt recovery agencies who may have been instructed previously in this matter.
Your position concerning harassment is denied on the basis that both our client and ourselves are taking reasonable steps to understand your position as is required of both parties under the Pre-Action Protocol for Debt Claims. "My claim for harrassment was on the basis that A- I had received multiple letters from multiple agencies, all with very threatening information (most of which turned out to be false. I have multiple letters saying LAST CHANCE TO PLAY OR FACE LEGAL PROCEEDINGS in block capitals). B- I had received conflicting information, for example I would get an acknowledgement via email saying wait 14 days for a response, but then receive a letter saying PAY NOW OR FACE LEGAL PROCEEDINGS".
In view of the above and attached it remains our client's position the charge has been correctly issued and the sum of £160.00 is outstanding. "The original PCN with an attached fees".
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