Gladstone's LBC Options

[whitemouse75]

Hi all

need some sharpish advice please - received a letter before claim this morning from gladstone's, however its dated 5th June, so i dont have any time left to meet the response 30 days if i dont act quickly

quick summary: the driver went to blackpool for the night, no parking anywhere near B&B, so owner said park on that disused factory site opposite. Saturday night, no issue, the driver woke up sunday nothing on the car so left happy. few weeks later they started getting the usual demands, ignored as per usual.

this is the first LBC the driver has ever received, and if they had the 30 days could defend the time researching, and will, but they need some help on a quick fire response please.

No windscreen PCN, no other letters from gladstone's received

This post has been edited by whitemouse75: Mon, 2 Jul 2018 - 07:39

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[ostell]

So complain about their action to the SRA. The more the merrier.

[whitemouse75]

so, sent the letter, got a reply enclosing a copy of the first letter "for ease of reference"

so not addressed any of the requests i sent basically!

they said they have extended the time for me to respond by registering on their website!? by 2nd august. Is it coincidence that these letters arrive the day before deadlines yet are dated 3-4 weeks previously????

[Macapaca]

Write to them again requesting that they respond to your letter in full. Be reasonable and give them 30 days. Make it clear that should they start legal proceedings without doing so then you will request a formal stay of proceedings with the court until such time that they have sent a fully compliant LBC. Remind them that it won't look good to the court if they don't and that all your letters and their responses will be kept and supplied to the court. In other words give them the opportunity to shoot themselves in the foot. They won't send a compliant LBC!

[nosferatu1001]

Also point out that including a copy of the first letter doesnt answer any questions you raised about the first letter.
Be unreasonable
State that they must already have these documents in their possession, as to raise a LBC without having sight of them would be a failure to perform adequate dilieence and breach of professional standards. So you need them within 7 days.

[whitemouse75]

literally 3 days later ive received a claim form form northampton court!!

These letters they send out always seem to arrive with 2 days of the 30 days notice left

ok, so no chance to respond, where best to read up on the next steps??

[Redivi]

First step is to follow the instructions to Acknowledge Service

You do not dispute jurisdiction unless you live outside England & Wales

You dispute the whole of the claim

Do not put anything at all in the defence box

This gives you 33 days from the date on the claim form to submit your defence

[nosferatu1001]

You do this ONLINE, NOT using the form!

What is the Date of Issue on your claim form? tell us it

You need to read up on defences.

[whitemouse75]

issue date is the 6th august

[nosferatu1001]

Have you done the acknowledgment online as told?

Once done, you have 33 days from the 6th of august.

[whitemouse75]

I haven't done anything yet, i only received the letter back from them friday, then today the court letter, so wasn't sure what to do next!

[nosferatu1001]

You've been told, unequivocably.
Acknowledge
Online
Today.

[whitemouse75]

haha ok, i'll do it now!

[nosferatu1001]

Now youve done that, I hope, you need to start compiling yoru defence.

Show us as soon as possible
You will need to read other threads, the ONE other forum "MSE" for the NEWBIES thread, and such.
2018 defences only. nothing older.

[whitemouse75]

really struggling to write a defence without knowing the wording of the signs, however no feasible to travel back to see them

also, not easy to filter out 2018 defences, theres so many threads pages and pages long ive read through then get to like page 5 and realise its not suitable!

[nosferatu1001]

You dont need to know the wording
Just point out
inadequate signs
Core terms are hidden and fail red hand rule
no standing
No pofa compliance (if you havent given away the drivers identity either way)

[whitemouse75]

Much as it annoys me i think i'm going to just have to pay this one and be more ready next time

My issue is i work way too many hours and dont get the time to trawl through the thousands of posts! not helped by the fact that both sites are blocked at work so probs missed the deadline for defence now

is there a way to pay off now or do i have to wait for it to go into court?

[nosferatu1001]

If you've missed the 33days from date of issue, they may already have a judgement against you.
If you want to pay do so. Just call and pay. They'll discontinue.

To regs - I'm on hols with little forum time, deliberately.