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Ernesto Guevara
Hello kind people..

This is a fantastic resource and I thank you all in advance for any guidance you give me regarding making a decision based on the information I provide.

There is a local supermarket near me where there is a private feeder road that snakes around the back of the supermarket and has some parking for a gym/chemist/charity shop etc.

This road has no markings at any kerbside and although there are signs. They are about 8ft high and placed facing the centre of the road on a handful of street lights. I've taken photos of the location of these signs for you to see.

I've also (as advised) scanned and have all the correspondence I've had to date.

So far I have made absolutely no contact with anyone. Nor have I responded to anything. I have kept all correspondence however.

I took advice from what now seems to be outdated of which to simply store and ignore. Clearly that now does not cover things. Obviously I live under a rock!

Non-legally my argument is this... Zero road markings designating where to park. In any normal road you would see something indicating a prohibited parking area so why would I assume any different? The signs are placed so that if you walk along the path and/or face the road you only see the reverse. You theoretically need to stand in the middle of the road on a box with bino's on to actually read the sign.

I now have a letter from Gladstones which does seem reasonably more official. If I have any legs to stand on whatsoever I'm happy to go to court (prepared) and fight my case.. If the advise is to pay up.. that's what I'll do.

I do need to make a decision in the next couple of days though so forgive my immediate request but there it is! smile.gif

As I say thanks for the help and any guidance you give will be gratefully received.













Lynnzer
Ah, that place. Subway is the giveaway.
Just so I can be certain, can you post a link to a Google Streetview location.

If it's the one I think it is then there are loads of previous on this place and many a claim for damages been presented to them.
Edit------------------------------------------

Nah, different place
BUT
same sort of particulars as this one

There's a letter on there that I knocked up which is good to use.
emanresu
QUOTE
They are about 8ft high and placed facing the centre of the road on a handful of street lights


This is PCM's normal method. Signs too high to see, in text too dense to read. Add the time of day and you've got a scam.

Here are the details of the site


http://www.each.co.uk/f/14871/p/12/Glouces...rochure0812.pdf

They operate the same method on most of their sites so you go in hard on the location of the signs; the difficulty for the driver to see them; and the time of day. Expect a claim from Gladstones as they are on a no win/no fee scheme.
Ernesto Guevara
When you say expect a claim do you mean you expect them to continue to court?

How do I fare by the fact I haven't responded so far which by current rules means I haven't attempted to resolve the situation?

emanresu
QUOTE
How do I fare by the fact I haven't responded so far which by current rules means I haven't attempted to resolve the situation?


You have an honestly held belief it is a scam and you did not want to share your personal details with the scammers as you don't know where they will end up.

If you get a real solicitors letter and not another scam one from people pretending to be solicitors, then you can deal with it.
nosferatu1001
Which they do, as its Gladstones looking to be paid.

Respond to the LBA. Deny the debt, point out their lack of keeper liability, the forbidding signage (parngis permitted for... means parking is NOT permitted for, therefore no offer, and no contract)
Look around for examples. Post your response here for critique.
Ernesto Guevara
Huge thanks for the support. I'll draft something today and get back to you.
SchoolRunMum
Take heart from the fact that we almost always see people win in court. Gladstones cases are not well-prepared.
Ernesto Guevara
So a quick update...

I intend to follow up the previous with the letters as below. As far as I can see these fit the bill nicely. If not, if someone could comment and let me know what to change I'd be immensely grateful.

Cheers guys.



I am writing to advise you that you appear to hold me liable for a matter of trespass, conveniently disguised as a Contractual Charge.

The location of the alleged incident is shown to be signed with notices that prohibit parking in some way. That is “Permit Holders Only”, “No Unauthorised Parking” “Parking for customers only”. In fact the signs at the location say" NO STOPPING OR WAITING AT ANY TIME".

For your consideration I attach a photograph of one of the signs that clearly displays the prohibitive nature of the wording although you will know what they say already.

A sign of this sort makes no contractual consideration to a driver. If parking, stopping or waiting is forbidden, you cannot contract with a driver to do exactly what the restriction forbids. A contract must have 3 elements; Offer, then consideration then acceptance. No offer was made at the time of the alleged contravention.

As this cannot be a contractual agreement it is therefore actionable only as a tort of trespass and that has to be progressed by the actual landholder/owner or lessee. I have a reasonable assumption you are neither.

The result of that is that when you applied for my registered keeper details under the KADOE agreement with the DVLA you did so unlawfully. You cannot use them personally as you have no proprietary interest in the land, and you are forbidden to pass them to a third party.

It appears that in your negotiations to contract with the landowner you omitted the duty of care required to ascertain that you had operational integrity. A lax consideration of your contractual limitations is no excuse for failing to observe the strict requirements of the Data Protection Act. A breach is a fact in law.

Continuation of your claim against me having been informed of this breach will only serve to exacerbate that breach.

As I am now being pursued for a wrongful contractual charge you are unlawfully using my details against me. I therefore give you notification as below.

Letter Before Action.
I claim an amount of £750 for the breach of the Data Protection Act resulting in obtaining my details when you had no reasonable cause, and to use them against me in pursuing a debt which has no merit. You will find the case of Halliday v Creation Consumer Finance Ltd [2013] All ER (D) 199 has shown that a sum of £750 to be reasonable in these sort of circumstances.

If I do not receive payment of that amount within 14 days I will raise a claim in the county court without further notification and will include the court costs onto the claimed sum.

------------------------------------------------------------

Your client PCM has been informed of a breach of the Data Protection Act in respect of this claim.
They are claiming against me for an alleged contravention of parking where parking is forbidden.
Clearly they cannot contract with me to do something they forbid so their contractual claim is a disguised trespass matter instead.
Your recent thrashing in court on claim C5GF17X2 Horizon Parking v Mr J. Guildford 23/11/2016 should give you sufficient notification of how such a claim is incoherent and vexatious.

Your client has been warned of continuation of this claim as it will only serve to aggravate their breach of the DPA.
You should now check with them as to how they wish to proceed. If they do decide to continue the claim I will be adding a counter-claim for damages of £750 plus costs.

You will be aware that once an action has commenced with an attached counter-claim it will be unable to be stopped by you and a court hearing will take place.

I am confident in my position in relation to this matter so if there was ever an intention of using the court system as a means of obtaining payment before the hearing, or of discontinuing the case to save costs nearer to the hearing date, you will be unable to do so.

I have given your client the details of the Data Protection Act breach already and now that you have them, you are also under an obligation to desist from continuation of this absurd claim or face the same consequences for the ongoing use of my unlawfully obtained personal details. At the very least you should now ensure that the details you are using have been obtained lawfully which for a case of trespass would necessarily include irrefutable evidence of their proprietary rights to the land.
Please now inform me of your intentions in this matter so that I can start to prepare my counter-claim if needed.

----------------------------


Just to add that I'm fully happy to go ahead and make an appearance in court should I need to.
Ernesto Guevara
Any help gratefully received
nosferatu1001
its fine
You also waited two weeks before posting it in the first place....
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