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I've been 'Gladstoned' lol, I'm not paying a bean!!
Defiant Driver
post Wed, 20 Jan 2021 - 11:10
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Hi there,

I'm a 57 year old disabled chap from Bidford-on-Avon, Warwickshire. 4 years ago I broke my back in an horrendous RTC. I'm OK and not looking for the sympathy vote.

I had a very strange letter from Gladstones Solicitors, sent to an incorrect address. The very threatening letter alleged a parking charge from January 2020 via 'Local Parking Security Ltd'. My wife seems to recall driving my Motability vehicle to our local chemist (Stratford upon Avon), clearly displaying my disabled badge, collecting my medication and then returning home. Now we have a £160 bill. Are they on drugs as well as me?

Read your blog ..... bloody brilliant. Hell will freeze over before I pay a cent, but I've been threatened with CCJ's, brimstone an abject ruin lol. biggrin.gif

1. Gladstone letters have been going to the wrong address (I presume for over a year), got only 1 letter as our postman knows us
2. I was NOT the driver
3. Alleged incident was over a year ago


I'll happily forward the case if/when we go to court. But, to be honest, I'm gonna ignore it until it comes with a Court seal.

Any advice for these jokers?
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post Wed, 20 Jan 2021 - 11:10
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Jlc
post Wed, 20 Jan 2021 - 12:52
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QUOTE (Defiant Driver @ Wed, 20 Jan 2021 - 11:10) *
1. Gladstone letters have been going to the wrong address (I presume for over a year), got only 1 letter as our postman knows us

How wrong is the address? I presume the car is registered to Motability? Do they have the correct address?

QUOTE (Defiant Driver @ Wed, 20 Jan 2021 - 11:10) *
2. I was NOT the driver

That may not be a defence if they have complied with the Protection Freedoms Act 2012. (But it seems they probably haven't)

QUOTE (Defiant Driver @ Wed, 20 Jan 2021 - 11:10) *
3. Alleged incident was over a year ago[/b]

They have 6 years to pursue.

QUOTE (Defiant Driver @ Wed, 20 Jan 2021 - 11:10) *
I'll happily forward the case if/when we go to court. But, to be honest, I'm gonna ignore it until it comes with a Court seal.

Do not ignore a genuine Letter Before Claim. And on actual claim forms the seal is printed.

Do you know what the charge is for? Overstay, permit space etc.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Defiant Driver
post Thu, 21 Jan 2021 - 09:15
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No idea what charges are for, as letters have gone to wrong address (I presume?)
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Jlc
post Thu, 21 Jan 2021 - 09:23
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QUOTE (Defiant Driver @ Thu, 21 Jan 2021 - 09:15) *
No idea what charges are for, as letters have gone to wrong address (I presume?)

In the first instance ensure Motability have/given the correct address.

Although you may not be keen on this I would ensure GS/LPS have the correct address too. A CCJ may be obtained in default if you don't manage to get the follow up letters.

They won't be keen to 'help' you though as they just want your cash. Submitting a Subject Access Request may be able to extract some information from them.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Fluffykins
post Fri, 22 Jan 2021 - 09:05
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Quick edit to the original post is needed:

QUOTE
The driver seems to recall driving my Motability vehicle to our local chemist

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Defiant Driver
post Fri, 22 Jan 2021 - 10:11
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??? why a quick edit?


I've sent a rather stern letter ......

Dear Sir or Madam,



Regarding your spurious and very threatening 'Letter Before Claim' dated 13th January 2021, please be advised that your claim is wholly disputed and will not be paid under ANY circumstances.



I have NOT received previous correspondence either from yourselves or your devious business partners Local Parking Security Ltd. It was only by chance today when I collected a parcel from XXXXXXXX Postal HQ that the postman asked me about your letter.



Correct address, should you foolishly wish to pursue this matter is:-



XXXXXX
XXXXXXXX
XXXXXX
XXXX
XXXX



I do NOT reside in XXXXXXX (as per your letter), this is a village some 8 miles from where I actually live.



I will NOT pay the fraudulent claim for the following reasons:



1. The charges to which you refer are over a year old, no previous correspondence was ever received

2. I have absolutely no idea as to what these charges refer to

3. I was not the driver of the vehicle at the time and place you claim

4. The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner

5. The amount is an unfair term according to the Unfair Terms in Consumer Contract Regulations 1999 regulation 5(1) / Consumer Rights Act 2015 regulation 62(4) on October 1 2015

6) Your signage does not comply with the BPA/IPC Code of Practice and does not form a contract between motorist and yourself

7) The signage does not contain the information required by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 regulation 13(a) and is therefore not binding

8) You have no authority from the landowner to issue and collect charges



Finally, and most importantly: You are aware that my vehicle (XXXX XXX) is a Disability car as you applied for my details through the DVLA and then to Motability UK.. I must point out that I am a registered disabled person. I suffer from number physical disabilities as well as PTSD, Anxiety and Depression. I genuinely fear that should you chose to move forward with your fraudulent claim that this will have an extremely negative impact on my health, emotional, psychological and physical wellbeing. I will stress this to the court should this case proceed.



If you chose to continue to pursue a claim that you will lose in court, I reserve the right to charge for all of my out of pocket expenses, this will certainly include (but is not limited to) the services or a specialist Motoring Solicitor and / or Barrister.



I have looked at a number of extremely worrying negative reviews and forums regarding your organisation, these clearly demonstrate your bully tactics, un-professionalism and arrogance, hence the tone of this initial communication. I will not stand for any of this.



I trust that this makes my position absolutely clear and that common sense will prevail.



Yours faithfully,
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Jlc
post Fri, 22 Jan 2021 - 10:21
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Ok, it's good to go on the offensive but some of the stuff you quote is just wrong (e.g. GPEOL and Barrister costs). But let's see where it goes from here.

Have you contacted Motability yet as they seem to be the start of the issues - if they gave a 'wrong' address?

This post has been edited by Jlc: Fri, 22 Jan 2021 - 10:22


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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ostell
post Fri, 22 Jan 2021 - 10:41
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I thought Motability put the customer name on the V5 and not themselves to avoid problems with tickets etc.
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The Rookie
post Fri, 22 Jan 2021 - 10:47
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Member No.: 317



QUOTE (Defiant Driver @ Fri, 22 Jan 2021 - 10:11) *
??? why a quick edit?

So you don't give away the driver ID. - If the driver owes a sum of money the late invoice doesn't help them, but it does you as keeper, so refer to the driver only as 'the driver'.

And don't rush into things, you need to appear informed and knowledgeable (a tougher target), that 'stern' letter just says 'found something on the internet' and that you haven't a clue what you're doing and they'll love that - not a smart move. It's wrong on so many levels I'm not going to bother going through it all. But they would love to put your accusation it's a fraudulent claim in front of a judge, credibility severely harmed.

We do things deliberately as facts are critical in putting together the right reply.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Council PCN's
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Jlc
post Fri, 22 Jan 2021 - 10:48
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QUOTE (ostell @ Fri, 22 Jan 2021 - 10:41) *
I thought Motability put the customer name on the V5 and not themselves to avoid problems with tickets etc.

They might but the V5C is held by Motability at their address.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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