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Parking - Letter Before County Court Claim (LBCCC) - Fight back! Guidance Thread

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  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
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    tidegu wrote: »
    I have an daft question: If LBCCC is served right near the end of 6 years (5 yr 11 month or something), and at that time if you "reset" the clock, does that mean after all POPLA process or ignoring everything, it will exceed the 6 years limit and small claim will no longer to be enforced? Or it will reset this 6 years as well?

    There's no resetting the clock by 'naming the driver' - that's only in the case of transferring liability from the keeper in the context of PoFA 2012.

    As the case you quote was prior to 2012, there is no keeper liability and the keeper should be bombproof. The PPC (in law) has absolutely no case against the keeper and identifying the driver is really the last thing that should be contemplated.

    There is no POPLA for pre-October 2012 cases.

    If it goes to court the keeper will need to argue that no law provides the PPC with 'keeper liability', so bone up on that. You may have to also contend with an Elliott -v- Loake try-on, so a thorough understanding of that case is also essential.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • Grimble
    Grimble Posts: 455 Forumite
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    EvL is easy to dispute, just ask them to put forward their forensic evidence as in the EvL case.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    And ask what lies were told to the police.


    If they use Eliot v Loake they shoot themselves in both feet.
    You never know how far you can go until you go too far.
  • Herzlos
    Herzlos Posts: 14,685 Forumite
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    tidegu wrote: »
    I have an daft question: If LBCCC is served right near the end of 6 years (5 yr 11 month or something), and at that time if you "reset" the clock, does that mean after all POPLA process or ignoring everything, it will exceed the 6 years limit and small claim will no longer to be enforced? Or it will reset this 6 years as well?

    You could probably string them out for another month by responding to the LBCCC asking questions, they'd still have to wait at least 14 days before filing the claim, so another round of questions would put it over the limit.

    I'm of course assuming that the 6 years is from alleged incident to filing of a claim.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    You could probably string them out for another month by ... asking questions

    Indeed . You can find some very awkward questions to ask them by searching Gan's posts on here an ppp. If they fail to address any of them you can use this unreasonable behaviour against them in court.


    Remember, these are not the fine upstanding firms who convey your house, write your will, or deal with family law, these are parasites acting for parasites. Treat them like the lowlife they are.
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  • pattyb1986
    pattyb1986 Posts: 5 Forumite
    I have just received an LBCCC from PE. The letter is a bit different than the one outlined in this post so I would be grateful if someone could glance a quick eye over it and suggest how it is not compliant with the PD. I have started a thread at (I can't post URL's but this is the end bit)

    showthread.php?p=71210822#post71210822

    Thanks
  • tidegu
    tidegu Posts: 83 Forumite
    The_Deep wrote: »
    MUI that litigants have to bring an action within six years, it can go on for years after that.

    So, is LBCCC is the "action" or it is before the "action"?
  • bod1467
    bod1467 Posts: 15,214 Forumite
    It is what it says ... Letter Before County Court Claim. Actually, a LBCCC (or LBA, Letter Before Action) isn't mandatory, but court procedures and the practice directions recommend it. A claimant raising a claim who hasn't followed such pre-court guidance may well be looked at negatively by a judge.

    The Action is the court claim.
  • tidegu
    tidegu Posts: 83 Forumite
    edited 31 August 2016 at 4:04PM
    Umkomaas wrote: »
    There's no resetting the clock by 'naming the driver' - that's only in the case of transferring liability from the keeper in the context of PoFA 2012.

    As the case you quote was prior to 2012, there is no keeper liability and the keeper should be bombproof. The PPC (in law) has absolutely no case against the keeper and identifying the driver is really the last thing that should be contemplated.

    There is no POPLA for pre-October 2012 cases.

    If it goes to court the keeper will need to argue that no law provides the PPC with 'keeper liability', so bone up on that. You may have to also contend with an Elliott -v- Loake try-on, so a thorough understanding of that case is also essential.

    Thanks. What I actually wondering was not an old case. I meant if I receive a PCN now, how long should I worry for? Exactly 6 years or slightly less than that?

    From what I understood, the "reset" means the PPC must go through all sort of things, i.e., discounted price, POPLA offer, etc, before they can sue the driver in court. Well, I may wrong.

    My point was, if I'm not wrong, it takes around 1-2 months before all these process - 14 days discounted price, 14 days full price, 14 (or 28?) days to send dispute to POPLA and certainly a few days to allow POPLA to give decision. PPC could not send LBCCC to the driver before finishing all these stuff, and after all it must exceeds the 6 years limit. Does this mean they can no longer chase the money anymore?
  • Coupon-mad
    Coupon-mad Posts: 131,454 Forumite
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    edited 17 March 2018 at 2:14AM
    My point was, if I'm not wrong, it takes around 1-2 months before all these process - 14 days discounted price, 14 days full price, 14 (or 28?) days to send dispute to POPLA and certainly a few days to allow POPLA to give decision. PPC could not send LBCCC to the driver before finishing all these stuff, and after all it must exceeds the 6 years limit. Does this mean they can no longer chase the money anymore?

    If you lose at POPLA then the firm can send a LBCCC then file a court claim as long as it is within 6 years of the parking event.
    .
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