So... when you appealed and wrote to Gladstones, did you reveal the drivers identity? Hopefully not but only you will know whether you did, inadvertently or otherwise. The reason I ask is because the NtK is not PoFA compliant and the Keeper cannot be liable, only the driver.
Did you, as the Keeper appealing and writing to Gladstones, only refer to the driver in the third party? Referring to the driver as "I did this or that" rather than "the driver did this or that" is inadvertently giving away the drivers identity if you are the Keeper appealing.
For now, just respond to the LoC with the following:
Dear Sirs,
Re: Letter of Claim dated 3rd March 2025, your ref: 104012.15737
I refer to your Letter of Claim.
I confirm that my address for service at this time is as follows, and I request that any outdated address be erased from your records to ensure compliance with data protection obligations:
[YOUR ADDRESS]
Please note that the alleged debt is disputed, and any court proceedings will be robustly defended.
I note that the sum claimed has been increased by an excessive and unjustifiable amount, which appears contrary to the principles established by the Government, who described such practices as “extorting money from motorists.” Please refrain from sending boilerplate responses or justifications regarding this issue.
Under the Pre-Action Protocol for Debt Claims, I require specific answers to the following questions:
1. Does the additional £70 represent what you describe as a “Debt Recovery” fee? If so, is this figure net of or inclusive of VAT? If inclusive, I trust you will explain why I, as the alleged debtor, am being asked to cover your client’s VAT liability.
2. Regarding the principal sum of the alleged Parking Charge Notice (PCN): Is this being claimed as damages for breach of contract, or will it be pleaded as consideration for a purported parking contract?
I would caution you against simply dismissing these questions with vague or boilerplate responses, as I am fully aware of the implications. By claiming that PCNs are exempt from VAT while simultaneously inflating the debt recovery element, your client – with your assistance – appears to be evading VAT obligations due to HMRC. Such mendacious conduct raises serious questions about the legality and ethics of your practices.
I strongly advise your client to cease and desist. Should this matter proceed to court, you can be assured that these issues will be brought to the court’s attention, alongside a robust defence and potentially a counterclaim for unreasonable conduct.
Yours faithfully,
[YOUR NAME]
Save as a PDF file and attach to an email addressed to enquiries@gladstonessolicitors.co.uk and also CC in yourself.[/quote]