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Parking Charge - Gladstone’s solicitors
umair290
post Sun, 12 Aug 2018 - 13:45
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Hi


I have been following this forum for a long time great information which has helped me in the past.

Earlier in the year The driver received a parking fine in the car park of block of flats. The driver had just moved into the flat so was moving all my stuff from previous home to this one hence why The driver parked in the car park so He can move all the stuff into the flat. Driver was parked there for roughly 10-15 mins.

Since then received many letters from the private parking firm as you do. (Read some information on this forum and decided to Ignored them all)

Since then received letters from Zenith debt recovery about the fine which was ignored again.

Now after 6 months Driver has received a letter from Gladstone solicitors about the fine and they may take it to court. The parking fine has obviously been increased to £160. On the letter it asks to pay the parking firm
And not Gladstone’s solicitors. Having researched, can see Gladstone’s do take people to court, which Driver wants to avoid.

To make matters worse He received another parking fine from
Same firm in March of this year aswell and same process with that but it hasn’t yet reached the stage of Gladstone’s it’s still zenith debt collectors who are sending letters.

Could you please advice what to do next, there is adequate signage in the car park and enterance to the car park. Parking fine was attached to windscreen and later came by post too. So Driver can’t really see any defence on his part other then Driver was relocating and needed to park inside in order to move stuff from car into house.

Any help would be highly appreciated!

This post has been edited by umair290: Sun, 12 Aug 2018 - 16:36
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post Sun, 12 Aug 2018 - 13:45
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kommando
post Sun, 12 Aug 2018 - 14:02
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Edit the post and only refer to 'the driver'

You will need a copy of the lease.
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Redivi
post Sun, 12 Aug 2018 - 14:29
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The letter has been sent by Debt Recovery Plus on Gladstones notepaper

Genuine Gladstones letters have a reference number in the format 1*****.*** and tell you to pay themselves
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ostell
post Sun, 12 Aug 2018 - 15:10
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You may be interested in this., especially Jopson v Homeguard. This is especially interesting in that it went to appeal and it was found that Jopson was entitled to park in front of the building for loading and unloading.
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The Rookie
post Sun, 12 Aug 2018 - 15:26
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This forum hasn’t advocated ignoring since the beginning of 2013.....


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umair290
post Sun, 12 Aug 2018 - 16:40
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QUOTE (Redivi @ Sun, 12 Aug 2018 - 15:29) *
The letter has been sent by Debt Recovery Plus on Gladstones notepaper

Genuine Gladstones letters have a reference number in the format 1*****.*** and tell you to pay themselves



Ye, from reading MSE and this forum I gathered and believe next step would be to write to them asking if they sent it or DRP?

QUOTE (The Rookie @ Sun, 12 Aug 2018 - 16:26) *
This forum hasn’t advocated ignoring since the beginning of 2013.....



Sorry, someone else in the building had fine aswell and said to just ignore them hence why it was ignored not due to the forum. apologies if that’s what is understood by my post.
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Eljayjay
post Sun, 12 Aug 2018 - 20:04
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Are you the leasehold owner of the flat?

If you are, what does your lease say about parking?

If you are the tenant of the leasehold owner what does your tenancy agreement say about parking?

Search the relevant document thoroughly for anything relevant.
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umair290
post Mon, 13 Aug 2018 - 21:36
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QUOTE (Eljayjay @ Sun, 12 Aug 2018 - 21:04) *
Are you the leasehold owner of the flat?

If you are, what does your lease say about parking?

If you are the tenant of the leasehold owner what does your tenancy agreement say about parking?

Search the relevant document thoroughly for anything relevant.


Apologies for the delay had a really long shift at work and been searching through my lease to find the details.

I am a Leasehol owner and this is what it says in the Contract -

Clause 10 of Schedule 2 – Parking

If the Property comes with the benefit of a parking space, you must not park anything in the parking space other than a private car taxed and in good condition. You are not permitted to park a commercial vehicle, caravan, boat or trailer in the car parking space or in any other part of the development except for temporary removal and delivery vans. Further you are not permitted to wash any vehicles except in the parking space.

In addition to the above you should note that no visitors to the Property are allowed to park in such a way as to obstruct access in the common parts of the development


This post has been edited by umair290: Mon, 13 Aug 2018 - 21:37
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ostell
post Mon, 13 Aug 2018 - 21:43
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So there you have it, your lease allows you to park for moving.
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Redivi
post Mon, 13 Aug 2018 - 21:45
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In other words, nothing that says you have to take any notice of the signs placed by a parking contractor
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umair290
post Mon, 13 Aug 2018 - 22:10
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Sorry slightly confused on what to do next, I bought the flat in 2015 for investment purposes but didnt move in Till this year.
Driver received 1st Ticket in Feb which was ignored and got letter this week from Gladstone Solicitors to pay DRP (£160) or face Court action. Received another ticket in March also ignored and getting letters from Zenith Collection (£136). From reading the lease I am allowed to park 'for temporary removal'. So what Should I do next await further letter from DRP/Gladstone or write them a response?

Thanks!
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Redivi
post Mon, 13 Aug 2018 - 22:25
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You haven't received a letter from Gladstones Solicitors

You've received a letter from DRP pretending to be from Gladstones Solicitors
In my book that's a false instrument and an offence under the Forgery and Counterfeiting Act 1981

1 The offence of forgery.

A person is guilty of forgery if he makes a false instrument, with the intention that he or another shall use it to induce somebody to accept it as genuine, and by reason of so accepting it to do or not to do some act to his own or any other person’s prejudice


Never contact DRP

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Eljayjay
post Mon, 13 Aug 2018 - 22:36
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Your extract from the lease was fairly helpful, but it is not everything that is needed. In addition, if you read the poorly worded second sentence again, you will note that the exemption applies to “temporary removal and delivery vans”, not saloon cars - but don’t be overly worried about that.

Your lease is your greatest friend. If you can, get it scanned as a searchable pdf document - you need something better than the free version of Adobe for this. Then conduct a search for "park". Copy and paste every bit of the lease mentioning "park" into a new document. [It may be that your extract covered this, but there may be more to come.]

Then go through it again to look for anything that makes provision for changes to the lease to be made or for rules and regulations to be added by the landlord and/or the management company. Copy and paste those bits to the new document.

Do the same again but, this time, looking for anything about "rights of third parties". Copy and paste again.

Do the same again but, this time, looking for anything about “access” and “rights of passage”.

Search for "rent", "charge" and "permit". Copy and paste anything of relevance.

Do not just select extracts which suit your case, copy and paste everything of relevance. The reason for this is that, if the parking operator gets a copy of the lease, you need to figure out how to defend yourself from extracts that they throw at you.

On each search, go through the lease from beginning to end.

If you prefer, paste the entire document and I shall conduct the searches for you.

A letter from Gladstones asking you to pay DRP is almost certainly just DRP using Gladstones header paper. DRP and Zenith are mere debt collectors who are powerless to do anything but write letters, which you can safely, ignore at this stage but...

Never, never, never ignore a letter of claim, a letter before action or a letter before claim - they are all the same thing - or the formal court claim itself.

This post has been edited by Eljayjay: Mon, 13 Aug 2018 - 22:45
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umair290
post Mon, 13 Aug 2018 - 23:18
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QUOTE (Eljayjay @ Mon, 13 Aug 2018 - 23:36) *
Your extract from the lease was fairly helpful, but it is not everything that is needed. In addition, if you read the poorly worded second sentence again, you will note that the exemption applies to “temporary removal and delivery vans”, not saloon cars - but don’t be overly worried about that.

Your lease is your greatest friend. If you can, get it scanned as a searchable pdf document - you need something better than the free version of Adobe for this. Then conduct a search for "park". Copy and paste every bit of the lease mentioning "park" into a new document. [It may be that your extract covered this, but there may be more to come.]

Then go through it again to look for anything that makes provision for changes to the lease to be made or for rules and regulations to be added by the landlord and/or the management company. Copy and paste those bits to the new document.

Do the same again but, this time, looking for anything about "rights of third parties". Copy and paste again.

Do the same again but, this time, looking for anything about “access” and “rights of passage”.

Search for "rent", "charge" and "permit". Copy and paste anything of relevance.

Do not just select extracts which suit your case, copy and paste everything of relevance. The reason for this is that, if the parking operator gets a copy of the lease, you need to figure out how to defend yourself from extracts that they throw at you.

On each search, go through the lease from beginning to end.

If you prefer, paste the entire document and I shall conduct the searches for you.

A letter from Gladstones asking you to pay DRP is almost certainly just DRP using Gladstones header paper. DRP and Zenith are mere debt collectors who are powerless to do anything but write letters, which you can safely, ignore at this stage but...

Never, never, never ignore a letter of claim, a letter before action or a letter before claim - they are all the same thing - or the formal court claim itself.



Okay I made a mistake, The extract I posted earlier was not from lease but from 'REPORT ON TITLE' from My solicitor. Ive just gone through my lease and the only thing I found in their about parking is under the heading 'Schedule 2 Mutual covenants' which states
'10 - Not to park or to suffer or permit to be parked upon any vehicle on the Estate

11 - No commercial Vehicle shall be parked at any time on any part of the Common Parts except for the temporary use of removal or delivery vans

12 - Not wash or repair any vehicles on Estate other than on the parking zone forming part of the Premises or in areas designated by the Landlord for such purpose

13 - No caravans heavy or light goods or commercial vehicle or boats trailers or other similar vehicles shall be parked or stored on the parking space forming part of the Premises or upon any accessways leading thereto from the public highway.

14 - If notice of breach is served on the leaseholder in respect of Paragraphs 10-13 of this Schedule and such Breaches not remedied by the Leaseholder within 14 days of such notice then the Landlord shall be permitted to remove such vehicle as is casuing the Leaseholder to be in breach of such covenant
'

In the REPORT ON TITLE It states -

Clause 10 of Schedule 2 – Parking

If the Property comes with the benefit of a parking space, you must not park anything in the parking space other than a private car taxed and in good condition. You are not permitted to park a commercial vehicle, caravan, boat or trailer in the car parking space or in any other part of the development except for temporary removal and delivery vans. Further you are not permitted to wash any vehicles except in the parking space.

In addition to the above you should note that no visitors to the Property are allowed to park in such a way as to obstruct access in the common parts of the development,


Thats the only extract about parking in there.

This post has been edited by umair290: Mon, 13 Aug 2018 - 23:20
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Eljayjay
post Mon, 13 Aug 2018 - 23:29
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Everyone makes mistakes from time to time, but please post the entire lease.

I am sure it will make both our lives easier.

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umair290
post Mon, 13 Aug 2018 - 23:45
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QUOTE (Eljayjay @ Tue, 14 Aug 2018 - 00:29) *
Everyone makes mistakes from time to time, but please post the entire lease.

I am sure it will make both our lives easier.


Files 2.5mb, Too large for single attachment so will post 1st half here and 2nd half next post

This post has been edited by umair290: Tue, 14 Aug 2018 - 00:26
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umair290
post Tue, 14 Aug 2018 - 00:09
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.

This post has been edited by umair290: Tue, 14 Aug 2018 - 00:11
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nosferatu1001
post Tue, 14 Aug 2018 - 11:22
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Dont post here. The Read me sticky gives you ideas
Use tinypics or similar.
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cabbyman
post Tue, 14 Aug 2018 - 16:54
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Somewhere on the forum is a letter to send to Gladstones asking them if they were aware that DRP were using their letterhead. Try and find it and send in parallel to other activities. Bear in mind, it is not for Gladstones or DRP's benefit but will be a useful addition to your arsenal when Gladstones fail to respond.


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umair290
post Tue, 14 Aug 2018 - 20:48
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Just finished work and manged to upload the document onto dropbox let me know if you find anything that I may have missed. https://www.dropbox.com/s/e7gcruvalgn80r0/L...%20doc.pdf?dl=0




Ill have a look around for the letter, I think I may have come across it.
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