Letters from Gladstones Solicitors Options

[PeanutDad]

Hi Forum Members,

Need you kind help please.

I am very new to this so please excuse any forum faux pas!

Received the attached 2 letters from Gladstones Solicitors on behalf of CPM. These letters were sent against 2 different PCNs sent against two different cars but for the same location. The PCNs have been ignored. I am the registered keeper of the cars.

The location in question requires the driver to register their car registration number at a kiosk inside the facility. The driver in question is a registered paid member of the facility and does register their car reg number but probably failed to do so on these occasions.

Couple of things to note 1. The notices inside the facility asking people to register don't clearly say that you must register each time you visit 2. At times, the kiosks are not working

I would really appreciate advice from knowledgeable members as to what my options are given that I have ignored so far and have now received these letters.

I am attaching the following:


PCN against car 1:

Gladstones Solicitors letter against above PCN:


PCN against car 2:

Gladstones Solicitors letter against above PCN:

The parking notice at the site:

Thank you!

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[Jlc]

So what did the facility say when the driver asked them to cancel them?

They will be issuing court claims soon but it doesn't appear they've complied with the Protection of Freedoms Act for both so can only pursue the driver for one. Provide them with some proof you weren't driving.

However, one of them was issued in time so they can pursue you (without having to show you were driving on the balance of probabilities).

Notices inside are irrelevant as any contract is formed with the signage outside.

This post has been edited by Jlc: Mon, 22 Apr 2019 - 13:33

[Redivi]

Those look like the fake Gladstones letters that DRP sends on Gladstones notepaper

Genuine Gladstones letters have a reference number in the format 1*****.*** not the DRP reference

[PeanutDad]

Thank you Jlc and Redivi

@Jlc the driver did not speak with the facility manager as they have notices saying that parking matters need to be addressed directly with the PPC.

With regards to the one in which they have not complied with PoFA please advise who I need to get in touch with and what should I say to them?

Is the second PCN enforceable in light of the fact that the driver is a member and the wording of the signs outside?

@Redivi would appreciate if you can advise what steps I should take given that these are fake Gladstone letters

[ostell]

For the second of the PCNs:

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

In explanation your notice was allegedly issued on Thursday 29th November and is presumed (POFA 9 (6)) to be delivered, and hence given, 2 working days later. This takes the period to Monday 3rd December. A total of 21 days from the alleged date of parking on the 12th November.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc

Send it to CPM first class mail but get a free certificate of posting from a post office and keep it safe.

The letters from Gladstones are pure debt collectors letters and can be ignored. Have a look at the link at the bottom of the letter: www.gslcollections.com

This post has been edited by ostell: Tue, 23 Apr 2019 - 14:13

[ostell]

For ticket 1 then:

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the the invitation to keeper in the form prescribed by section 9 (2) (e) of the Act.

In addition you have failed to give the period of parking as required by section 9 (2) (a). The times recorded when the vehicle was moving in front of your cameras cannot, by definition, be a period of parking as the car was still moving and your signs just refer to parking. Given that the car was moving the alleged parking period was substantially less than that allowed plus the grace period required by your ATA Code of Practise.

You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc

Same delivery as before.

[PeanutDad]

@ostell. Thank you so much. I will be doing as suggested.

Appreciate the help of everyone here.

[PeanutDad]

Quick question! Is this the address to send to?

Appeals & Representations
UK CPM
PO Box 3114
Lancing
BN15 5BR


Thank you!

[ostell]

If that's what it says on the ack of the NTK

[PeanutDad]

Thank you. I really appreciate your help. God bless you. Letters sent.

[PeanutDad]

A quick update here.


Thanks to ostell's letter drafts, the second PCN has been cancelled (so has another one that was not received in the 14 day period). So that's 2 PCNs cancelled!

With regards to the first PCN I received the following reply:

[ostell]

You could write to them and point out that the 26 day limit is purely a limit of their own creation and you stand by your appeal.

After that just sit tight unless you get a letter before claim or an actual court claim

[Redivi]

21 days
You might have been thinking of the 26 days to appeal windscreen tickets with the aim of preventing POFA kicking in

I would sit tight and certainly not go near the IAS

Wait instead for an LBC and reply that the PCN is identical to others that they've already cancelled, confirming that they have no basis

[PeanutDad]

Thank you ostell and Redivi.

I will send them another letter.

@Redivi the other PCNs that they cancelled were non POFA compliant in terms of the NtK being received on time.

This PCN was received within the required time frame. The letter I sent them stated that the pictures they provide proving parking are not proof of parking but that of a car moving in front of their camera.

On a different note, I got in touch with DVLA and they sent me a list of companies that had requested them for my details. I noticed that CPM had only requested my details once which was for one of the cancelled PCNs. Is this OK or are they required to make separate requests for each PCN?

Thanks.

[Redivi]

To be POFA compliant they must make a DVLA application for every individual PCN

It doesn't therefore matter that #3 arrived on time because they had failed POFA before they even issued it

[PeanutDad]

Excellent! So I will write to them and tell them that they are not POFA compliant as they did not make a separate application.

[ostell]

Remember to send them a copy of the DVLA communication and point them to POFA paragraph 11

[PeanutDad]

Thank you ostell. I will do that.

I hope this one gets cancelled like the other 2.