Sorry another Gladstone thread but different scenario |
Sorry another Gladstone thread but different scenario |
Sat, 10 Nov 2018 - 22:34
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#1
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Member Group: Members Posts: 12 Joined: 10 Nov 2018 Member No.: 100,874 |
Hi All,
Looking for some advice please I received a "Letter Before Claim" letter from a company called Gladstone Solicitors today. I was surprised to see what looked like a parking fine since I don't own a car. I also didn't recognize the car reg number straight away on the letter. After doing some digging, it turns out the car reg is for someonew with a similar name as me who has been ignoring letters from the Parking company and Gladstone. I have been trying to figure out why the letter has come to me and I think its to do with my name. Me and this person share the same surname but we also share one of the same forenames (Mohammed) in our first name which is a very common forename. This isn't the name I use and known by but its part of my legal name. The letter is addressed to Mohammed + Surname which could be any 5 members of my family. In the letter, they have said " We subsequently carried out a Trace that produced a new address and as such allowed you more additional time..." Hope that makes sense. To summarise: * I have never owned, driven or have anything to do with the vehicle reg * I dont even live in the same city as this person so not sure how they found my address. * I dont have a car I have written up a letter which i plan to post on Monday to Gladstone to say this matter does not relate to me and i do not own the car reg. if court proceedings are issued against me i will be vigorously defended by my solicitors and costs will be sought pursuant to crp 27 (14) (g) Any advice welcome This post has been edited by Reemi12: Mon, 12 Nov 2018 - 10:51 |
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Sat, 10 Nov 2018 - 22:34
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Sat, 10 Nov 2018 - 22:40
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#2
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
Yes that sounds fine.
Do not name the driver (your brother) make them work it out. But warn him to come here, if he gets a claim or LBC shortly. Sounds like he has not updated his address on his V5C for the car, and so the parking firm ended up using TRACE and getting it wrong. |
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Sat, 10 Nov 2018 - 22:59
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#3
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Member Group: Members Posts: 12 Joined: 10 Nov 2018 Member No.: 100,874 |
Yes that sounds fine. Do not name the driver (your brother) make them work it out. But warn him to come here, if he gets a claim or LBC shortly. Sounds like he has not updated his address on his V5C for the car, and so the parking firm ended up using TRACE and getting it wrong. Thanks for your reply SchoolRunMum As i said above, I have never owned the car and he has never lived at the address where I live now. We use to live together when I lived at my parents where he still lives and our names are similar. I dont understand how they can do a trace just on name as there would be alot of similar results. |
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Sat, 10 Nov 2018 - 23:02
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#4
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
NO NO NO The V5 is correct, the keeper is just ignoring letters and Gladstones have done a trace and got the wrong person.
So you write to Gladstones pointing out that you do not own a car, have never owned a car and never had a car registered to you. (if true) If you can't drive then tell them that also. Tell them that their trace company have got the wrong person. As SRM suggests do not do their work for them and tell them who the car actually belongs to. Give them your full name in the correspondence, it should make them wary. If you can show that you were somewhere else at the time of the alleged breach then give them that info and then say that any further communication, other than to confirm that they have made an error and will be taking no further action, will be classed as harassment and they should take heed of the judgement in the appeal court of Ferguson v British Gas Trading Ltd. Post up here for critique before you send. |
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Sat, 10 Nov 2018 - 23:05
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#5
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
QUOTE NO NO NO The V5 is correct, the keeper is just ignoring letters and Gladstones have done a trace and got the wrong person. Yes I see that now, as the OP says the brother has never moved out of their parents' house. The brother needs to be warned that a court claim is looming so he doesn't go and ignore a LBC or court claim sent to the parents' address shortly, once the OP has distanced themselves from this matter. |
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Sat, 10 Nov 2018 - 23:09
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#6
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Member Group: Members Posts: 12 Joined: 10 Nov 2018 Member No.: 100,874 |
QUOTE NO NO NO The V5 is correct, the keeper is just ignoring letters and Gladstones have done a trace and got the wrong person. Yes I see that now, as the OP says the brother has never moved out of their parents' house. The brother needs to be warned that a court claim is looming so he doesn't go and ignore a LBC or court claim sent to the parents' address shortly, once the OP has distanced themselves from this matter. Thanks both for your reply, appreciate it This is what I have in my letter to Gladstone which I will posting on Monday: "This matter does not relate to me, I do not own vehicle reg: xxxx at all or at the material time and was not responsible for the penalty charge claimed or in possession of the vehicle at the time. I trust you will redirect as I will not entertain any further correspondence. If court proceedings are issued against me, they will be vigorously defended by my solicitors and costs will be sought pursuant to cpr 27 (14) (g). " Is that ok? Also what is a SRM? This post has been edited by Reemi12: Sat, 10 Nov 2018 - 23:10 |
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Sat, 10 Nov 2018 - 23:18
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#7
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Member Group: Members Posts: 1,640 Joined: 30 May 2013 Member No.: 62,328 |
A SRM is who:
Schhool Run Mum QUOTE I do not own vehicle reg: xxxx I do not; nor have I ever, owned Vehicle XXXX. Liability cannot be transferred to me at all. -------------------- The owl of Minerva spreads its wings only with the falling of the dusk.
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Sun, 11 Nov 2018 - 00:07
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#8
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Member Group: Members Posts: 12 Joined: 10 Nov 2018 Member No.: 100,874 |
Thanks All, do you think i should add my full name and the end of the letter to make them aware?
This post has been edited by Reemi12: Sun, 11 Nov 2018 - 00:08 |
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Sun, 11 Nov 2018 - 00:09
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#9
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
Yes I would say so.
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Sun, 11 Nov 2018 - 09:10
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#10
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Member Group: Members Posts: 12 Joined: 10 Nov 2018 Member No.: 100,874 |
Hi All,
Is it better to send it first class and get proof of postage from the post office or send it via recorded delivery and get a signature? I read that they can refuse delivery so better to send it first class. |
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Sun, 11 Nov 2018 - 09:14
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#11
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Send first class with a certificate of postage from a post office. If you send it signed for they know they have bad news and can refuse to sign then all you have is proof of non delivery.
Have you decided what you are going to send.? |
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Sun, 11 Nov 2018 - 09:15
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#12
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Member Group: Members Posts: 56,261 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
First class with proof.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sun, 11 Nov 2018 - 09:29
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#13
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Member Group: Members Posts: 12 Joined: 10 Nov 2018 Member No.: 100,874 |
Send first class with a certificate of postage from a post office. If you send it signed for they know they have bad news and can refuse to sign then all you have is proof of non delivery. Have you decided what you are going to send.? This is what I have to send: My Address Gladstones Solicitors The Terrace, High Legh Park Golf Club Warrington Road Knutsford Cheshire WA16 6AA Dear Sir/Madam, Re: Your Client: UK Car Park Management Limited Amount Due: 160.00 Vehicle Reg: XXXX Please refer to your letter dated 5th November 2018 and reference: XXXXX This matter does not relate to me, I do not; nor have I ever, owned vehicle reg: XXXX. Liability cannot be transferred to me at all. I trust you will redirect as I will not entertain any further correspondence. If court proceedings are issued against me, they will be vigorously defended by my solicitors and costs will be sought pursuant to cpr 27 (14) (g). Yours Sincerely Full Legal Name |
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Sun, 11 Nov 2018 - 09:38
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#14
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
That should help
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Sun, 11 Nov 2018 - 09:52
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#15
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Member Group: Members Posts: 56,261 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
I would replace redirect with redirect your enquiries to the right person.......
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sun, 11 Nov 2018 - 16:56
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#16
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Member Group: Members Posts: 12 Joined: 10 Nov 2018 Member No.: 100,874 |
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Sun, 11 Nov 2018 - 20:26
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#17
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Member Group: Members Posts: 2,056 Joined: 20 May 2013 Member No.: 62,052 |
Ownership of the vehicle is largely irrelevant: the important points are whether you were the keeper, registered keeper and/or the driver of the vehicle at the time of the incident. If you can honestly deny any of these, then include them in your letter to Gladstones, e.g. "I do not; nor have I ever, owned vehicle reg: XXXX; nor was I the keeper, registered keeper or driver at the relevant time."
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Mon, 12 Nov 2018 - 07:59
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#18
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Member Group: Members Posts: 12 Joined: 10 Nov 2018 Member No.: 100,874 |
Ownership of the vehicle is largely irrelevant: the important points are whether you were the keeper, registered keeper and/or the driver of the vehicle at the time of the incident. If you can honestly deny any of these, then include them in your letter to Gladstones, e.g. "I do not; nor have I ever, owned vehicle reg: XXXX; nor was I the keeper, registered keeper or driver at the relevant time." There’s nothing to deny, they have the wrong person full stop I am not sure how they do there trace and where they got my address from but we are Two different people even though we lived at the same address when I lived with my parents and our names are similar. Doing a search just on Name sounds absurd Does DVLA provide the registered keepers details to the private parking company/solicitor? Would they just provide the name and address? |
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Mon, 12 Nov 2018 - 08:48
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#19
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Credit search, ties to addresses
Do yo uunderstand the difference between Owner, keeper, Registered keeper and driver? Simple yes or no. As this is not a council PCN, then OWNER is irrelevant. It is only DRIVEr and KEEPER (who is presumed to be RK unless proven otherwise) that matters. Hence why Sheffield Dave told you to deny - if you can - that yo uwere the keeper or driver at any time. Yes the DVLA provide the RKs data, of course they do. They provide exacxtly what is on the V5c and nothing more. |
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Mon, 12 Nov 2018 - 10:04
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#20
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Member Group: Members Posts: 2,056 Joined: 20 May 2013 Member No.: 62,052 |
There’s nothing to deny, they have the wrong person full stop Legally, even if you aren't the owner of the vehicle, you might be liable for the charge. You need to spell out legally why you aren't liable - which is why I suggested you make it clear that you aren't any of the entities who could be liable,. |
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