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Gladstones Letter, but it isn't my car.

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  • Gladstones Letter, but it isn't my car.

    Hi all,

    Any help on this will be greatly appreciated. A few months back we received a letter from a parking company ( I can't remember which one) for parking at a Regus office near Manchester Airport early August. I pay for an office there and display a permit in the window each day, the fine was because they said I didn't have a valid ticket. I spoke with the receptionist at Regus and they said don't worry about it, it's unenforceable and to ignore it. I threw the letter away, there were no pictures and I just thought it was a scam.

    Now I've received this letter from Gladstones, one slight problem is that this isn't my car. I've never owned it or borrowed it etc. I've looked for the other letters but cannot find them to see if this was the registration on the original paperwork.

    Not sure how to tackle it really, any help will be appreciated! Do I just say, not my car but thanks for the letter and give them no further details?

    Thanks in advance
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  • #2
    Re: Gladstones Letter, but it isn't my car.

    Originally posted by Rumpelstiltskin View Post
    Hi all,

    Any help on this will be greatly appreciated. A few months back we received a letter from a parking company ( I can't remember which one) for parking at a Regus office near Manchester Airport early August. I pay for an office there and display a permit in the window each day, the fine was because they said I didn't have a valid ticket. I spoke with the receptionist at Regus and they said don't worry about it, it's unenforceable and to ignore it. I threw the letter away, there were no pictures and I just thought it was a scam.

    Now I've received this letter from Gladstones, one slight problem is that this isn't my car. I've never owned it or borrowed it etc. I've looked for the other letters but cannot find them to see if this was the registration on the original paperwork.

    Not sure how to tackle it really, any help will be appreciated! Do I just say, not my car but thanks for the letter and give them no further details?

    Thanks in advance
    Good afternoon,

    Welcome to LB,

    The first thought is if the reg number is not for your vehicle then I would send it back saying you have no knowledge of any such vehicle it never been hired to you/loaned to you or bought by you and you are not the registered keep of the car listed in their letter.

    I'll tag someone who has a great knowledge on parking charges/ [MENTION=5354]mystery1[/MENTION]

    nem

    Comment


    • #3
      Re: Gladstones Letter, but it isn't my car.

      While you are writing to them you could point out to them that there is no registered keeper liability as the car was on land subject to byelaws and therefore not relevant land for the purpose of keeper liability under POFA. Only the driver at the time can be held liable. (That's if you are within the boundary of the airport)

      Comment


      • #4
        Re: Gladstones Letter, but it isn't my car.

        It was a business center close to the airport. I'll have to check if its classed as within the boundary. Thanks for the comment

        Comment


        • #5
          Re: Gladstones Letter, but it isn't my car.

          The key question for me, is why are they writing to you about a car that you think wasn't yours ? Has somebody given your name to them ? (a hire/lease company ?) Ultimately somebody has told them you were the driver because if the car isn't yours they couldn't get your details from DVLA.

          Adapt this to suit.

          Originally posted by mystery1
          Send a request for further information to BW Legal.






          Dear BW Legal,




          I, as registered keeper, am in receipt of your formal letter of claim.


          I was not the driver at the material time.

          In order to try and narrow down the issues, and in accordance with the pre action protocols and the over riding objective please answer the following :-

          1. Are you claiming i was the driver or registered keeper ?
          2. Is the claim a contractual penalty or trespass ?


          Further i would like copies of you contract with the landowner which allows you to operate, the contract you claim the driver agreed to and the notice to driver and/or keeper.

          Having seen some examples of your court claims i remind you that if you do file a claim that it should comply with the civil procedure rules and in particular :-





          CPR 16








          Contents of the claim form
          16.2
          (1) The claim form must –
          (a) contain a concise statement of the nature of the claim








          Contents of the particulars of claim
          16.4
          (1) Particulars of claim must include –
          (a) a concise statement of the facts on which the claimant relies;




          Practice direction 16



          Other matters to be included in particulars of claim




          7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.




          Yours etc




          M1
          M1

          Comment


          • #6
            Re: Gladstones Letter, but it isn't my car.

            I know you must get this a lot, 'it wasn't me, honest Guv' but I do not own that car, have never owned that car, am not it's registered keeper and I have not hired any vehicles. I've looked it up on Autotrader and its a black VW van.

            The letter you have attached opens up with 'I, as registered keeper, am in receipt of your formal letter of claim.'

            But I'm not the registered keeper.

            I can only assume that when the account has been sent from Parking Company to Solicitors there has been a mix up of my details with someone elses.

            Do you still recommend sending that letter?

            Thanks again.

            Comment


            • #7
              Re: Gladstones Letter, but it isn't my car.

              I would do nothing keep the info ypu have on the vehicle if it goes to court they would need to say what the alleged offending vehicle is as you never owned it how can you be liable?

              Comment


              • #8
                Re: Gladstones Letter, but it isn't my car.

                Originally posted by Rumpelstiltskin View Post
                I know you must get this a lot, 'it wasn't me, honest Guv' but I do not own that car, have never owned that car, am not it's registered keeper and I have not hired any vehicles. I've looked it up on Autotrader and its a black VW van.

                The letter you have attached opens up with 'I, as registered keeper, am in receipt of your formal letter of claim.'

                But I'm not the registered keeper.

                I can only assume that when the account has been sent from Parking Company to Solicitors there has been a mix up of my details with someone elses.

                Do you still recommend sending that letter?

                Thanks again.

                If it wasn't your vehicle or you then contact them and tell them.

                M1

                Comment


                • #9
                  Re: Gladstones Letter, but it isn't my car.

                  Afternoon all, I wonder if you could provide me with any more greatly appreciated assistance with this matter.

                  They have now sent me (well actually my company) another letter with a new reference number and now my company cars registration. They haven't responded to my letter saying it wasn't my car, but have now issued a new PCN with my cars details and a new reference number.

                  Any ideas what to do?

                  All the best

                  Comment


                  • #10
                    Re: Gladstones Letter, but it isn't my car.

                    So write back to them and tell then that they have submitted the PCN too late to hold the keeper liable. Ticket on the wind then Notice to Keeper between day 28 and 56. No windscreen ticket then must be with you within 14 days. Your company should be responding as above. If within the limits then they name you as the KEEPER to remove themselves from liability.

                    I think there are are few gaps in the story that need filling, such as dates and windscreen tickets.

                    Comment


                    • #11
                      Re: Gladstones Letter, but it isn't my car.

                      Originally posted by Rumpelstiltskin View Post
                      Afternoon all, I wonder if you could provide me with any more greatly appreciated assistance with this matter.

                      They have now sent me (well actually my company) another letter with a new reference number and now my company cars registration. They haven't responded to my letter saying it wasn't my car, but have now issued a new PCN with my cars details and a new reference number.

                      Any ideas what to do?

                      All the best
                      Pick up the phone. If the car has nothing to do with you there is no fear. It's the quickest way to shed light on why you are getting letters about something you say is nothing to do with you.

                      M1

                      Comment


                      • #12
                        Re: Gladstones Letter, but it isn't my car.

                        Unfortunately this car is mine M1.

                        Didn't get a ticket on the car at the time but did get a letter from the parking company but I have lost that. I don't know the date of that letter or if the registration on that letter was for my car, I just thought it was a scam. Sorry for being so unhelpful.

                        Dave

                        Comment


                        • #13
                          Re: Gladstones Letter, but it isn't my car.

                          Well send the letter i posted near the start.

                          M1

                          Comment


                          • #14
                            Re: Gladstones Letter, but it isn't my car.

                            Sending it now, just spoke with one of the admin team at the business center. She let slip that they are actually in dispute with how Gladstones are operating the contract and are themselves taking legal action to try and get out of their obligations. I'll keep you posted.

                            Comment


                            • #15
                              Re: Gladstones Letter, but it isn't my car.

                              Afternoon all, me again.

                              I sent the letter you kindly posted at the start of the thread to which they have not responded to any of the points. They sent me pictures of the car and stated that they 'are not obliged to disclose any other documents as you have suggested as this is disproportionate to the amount'.

                              I resent the letter saying that until I get this information I'm regarding the issue as closed. Unfortunately today I've received a county Court claim form. Any suggestions will be very much welcomed!!

                              Dave

                              Comment

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