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  • FIRST POST
    • zzzLazyDaisy
    • By zzzLazyDaisy 30th Aug 13, 10:44 AM
    • 12,138Posts
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    zzzLazyDaisy
    Parking - Letter Before County Court Claim (LBCCC) - Fight back! Guidance Thread
    • #1
    • 30th Aug 13, 10:44 AM
    Parking - Letter Before County Court Claim (LBCCC) - Fight back! Guidance Thread 30th Aug 13 at 10:44 AM


    Note this thread is primarily aimed at letters received from ParkingEye, including a 'walk through' of one of their LBCCCs, but the general advice about the Practice Direction on this thread applies to ALL PPCs .

    Please do not ask for advice on this thread as it is for guidance only. If at all possible, it is in your best interests to follow the advice on this thread and keep your correspondence with the PPC away from the forum (the PPCs do read the forums). But if you do need help, please start your own thread, and leave a short post on this thread with the title of your thread, and someone will come and find you.

    Daisy



    NOTE: this guide only applies to cases where the PPC has sent you a LETTER BEFORE COUNTY COURT CLAIM (also known as a Letter Before Action / LBA)

    If you have received court papers from Northampton county court you have missed the boat for using the Practice Direction to fight back. You need to start your own thread and ask for advice on what to do next.

    If you have just received the PCN or are in the early stages, the route to go is tp appeal direct to the PPC, with a view to receiving a verification code, so you can appeal to POPLA and close the thing down before it gets as far as court proceedings.

    If you are getting letters from debt recovery company you can continue to ignore, even if their letter says 'notice of intended litigation'. A debt collector can't take you to court. Only the PPC (or a solicitor acting on behalf of the PPC) can do that.

    If you remain unsure, go to Post 3 of this thread, where you will find an example of a Letter Before County Court Claim.

    That example is from ParkingEye (statistically the PPC most likely to issue proceedings) but you may also receive a Letter Before County Court Claim (also known as a Letter Before Claim, or a Letter Before Action) from other PPCs. The advice and process for dealing with this remains broadly the same.

    The first thing to note is that the LBC / LBCCC / LBA is the first step in the court procedure - so ignoring is not an option (unless you want to flag yourself up to the PPC as an easy target!)


    There are things you can do though:


    1 Scotland If you are the Registered Keeper, and you live in Scotland, it is still safe to ignore as PoFA 2012 does not apply in Scotland.


    2 Not the driver? - Reset the POPLA clock If you are the Registered Keeper, but you were NOT the driver at the time of the 'parking event', you have the opportunity to reset the POPLA clock by identifying the driver. In that case you write to the PPC, acknowledging the LBA, and tell them the driver's name and address.

    See post 13 below for sample letters

    The PPC must then send a PCN to the Driver, who can then go down the appeal route, first to the PPC for a POPLA code, and then to POPLA where the prospects of success are pretty much 100% if you follow the advice on the threads. (Note: this is only an option where the vehicle was 'caught on camera' and the PCN was received through the post by the RK. If the driver got a windscreen ticket, then s/he has already had their chance to appeal)


    3 Contact the landowner / retailer If your 'parking event' was at a retail store car park, speak to the manager (not the person on the customer service desk or the till, but the Store Manager) they have the power to get the charge cancelled - even if you have received a letter before action, it is not too late to do this. Same goes for cinemas, hotels, doctor's surgeries etc. If the manager can't/won't help, contact head office / the CEO. If the retailer/hotel etc tells you they are not the landowner, you may need to track down the landowner and contact them directly. NOTE PLEASE DO NOT IGNORE THIS OPTION IT REALLY DOES WORK AND COULD SAVE YOU A LOT OF AGGRAVATION - go to para 9 of this thread to see cases where this has succeeded in Coupon-mad's 'hall of fame'

    http://forums.moneysavingexpert.com/showthread.php?p=62837690

    But do NOT ignore the LBCCC / LBA while you are trying to get the retailer/landowner to cancel the charge. Time is ticking so you do still need to reply to the LBCCC / LBA (see point 5 below)

    4 Make a 'without prejudice offer' - see post 12 for more info
    Please note: This thread is about helping you to fight back and NOT give into their demands for money. But some readers may wish to make a payment to get the monkey off their back for personal reasons and want to do that in the most cost effective way possible. Others may wish to include a 'WoP' letter as part of their over-all strategy. Note a 'WoP' letter is NOT an admittance of liability and cannot be produced to the court when considering the case. It CAN be produced to the court on the issue of costs and this can work for or against you. So please, if you wish to make use of this, DO NOT offer them £1 or make a silly offer. DO make a sensible offer - eg one which can be shown to be a calculation of genuine loss, or one that reflects an earlier lower demand from the PPC.

    IMPORTANTLY do NOT take your eye off the LBCCC ball. Any 'WoP' offer runs in tandem with the Practice Direction procedure, and is essentially an invisible secret unless/until the PPC accepts the offer and confirms that the charge is satisfied.


    5 Reply to the LBC / LBCCC / LBA - make use of the Practice Direction and fight back!


    The first thing to be aware of is that you have 14 days to Acknowledge the LBCCC. After that, the PPC can start proceedings without further notice, so keep the 14 days in mind, and read on....




    The LBC is the first step in a formal court process called the Practice Direction on Pre-action Conduct. This literally sets out what the parties are supposed to do before the Claimant (that's the PPC) starts court action against you.

    Be aware that this Pre-action Conduct is a court procedure - the letters that follow form part of the court documents. This is very much in your favour, because under this procedure the PPC must give you certain information - and they don’t want to do this because then you will know what their case is (well yep, that's the idea). Remember, these letters will eventually be placed before the court (that's if it gets to court, but the point of this exercise is to make the PPC realise that you are far too much of a HOT POTATO, and hopefully they will go after easier targets. Are there any guarantees? No. Has this worked so far? Yes.

    So be clear about this - they will try every trick in the book to avoid following the court Practice Direction, every chance to mislead you, and every chance to try and use the court process to intimidate you into paying up - even telling lies in writing during this court process.... yep, really!


    So you are about to have a crash course on the Practice Direction and how using the court process in the way it is intended to be used can help you fight the PPC.


    So this is a guide to the Practice Direction on Pre-action Conduct (the PD)
    (please read it all the way through to the end - it's a bit long but it's not complicated).


    Here is a copy of the Practice Direction

    http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct


    Here is a useful general guide by the CAB to the Practice Direction

    http://www.adviceguide.org.uk/england/consumer_e/consumer_taking_action_e/consumer_legal_actions_e/consumer_going_to_court_e/the_rules_about_making_a_court_claim.htm


    Don't just skim over those links - click on them and read the info. It is worth to grips with this stuff because the Practice Direction is your friend.


    The Practice Direction is automatically actioned when the PPC serves a Letter Before Claim / LBC (or as PE call it, a Letter Before County Court Claim / LBCCC ) on the RK/Driver (Note: Letter Before Claim /Letter Before County Court Claim / Letter Before Action are all the same thing).

    I am not going to give you chapter and verse about the PD - you need to read it for yourself, but I will give you snippets as we go along, so you get the idea. Remember - the PD is there to HELP you...

    So let's just look at the very first part of the PD (this is a direct copy)

    SECTION I – INTRODUCTION

    1. Aims

    1.1
    The aims of this Practice Direction are to –

    (1) enable parties to settle the issue between them without the need to start proceedings (that is, a court claim); and
    (2) support the efficient management by the court and the parties of proceedings that cannot be avoided.

    1.2
    These aims are to be achieved by encouraging the parties to –
    (1) exchange information about the issue, and
    (2) consider using a form of Alternative Dispute Resolution (‘ADR’).

    SO ONCE THE LBC (LBCCC / LBA) HAS BEEN SENT to you by the PPC, the court wants you and the PPC to talk to each other, and exchange information (and it tells the Claimant what information it must provide in the LBC to start the ball rolling).

    NOTE: this procedure is invoked by the LBC. If the PPC sends you a defective LBC which does not comply with the PD then you are entitled to ask them to remedy the defects, before proceeding with the PD process (you will see shortly that the LBC is almost certainly defective, because the PPC's DO NOT WANT TO GIVE YOU the information that the PD says they MUST give you).

    Just another extract from the PD, so you get the Picture:

    Annex A sets out Guidance on Pre-action Procedure, where there is no formal pre-action protocol..... (that's us)...

    1.1
    This Annex sets out detailed guidance on a pre-action procedure that is likely to satisfy the court in most circumstances where no pre-action protocol or other formal pre-action procedure applies. It is intended as a guide for parties, particularly those without legal representation, in straightforward claims that are likely to be disputed.

    GET IT? The court has written this Guidance to help ordinary people just like you, who are not represented by a solicitor. If you don't read any other part of the PD, read Annex A. It is an easy step by step guide to using the PD. Follow that guidance, it is Court Procedure, and there to help you.

    Another part that is worth reading is:

    Para 7 of the PD which sets out the steps that must be followed before the PPC starts proceedings. Knowledge is power.

    Note: the PD refers to ‘the Claimant’ (that's the PPC) and ‘the Defendant’ (that's the RK/Driver - YOU in other words!)


    Okay, enough talk - what am I supposed to do about this dreaded LBCCC?

    Right, the PD is automatically actioned by the Claimant (PPC) sending a Letter Before Claim (otherwise known as an LBA / LBCCC ) to the defendant (that's you).

    The PD says that the LBC must set out the details of the claim (that's ALL the details, not just the little bit they want you to know).

    So let's just check the LBC that you have received, against what the PD says it must tell you.....


    Here is the full text of The Practice Direction on Pre-action Conduct, Annex A Para 2:


    Read it, and then compare the information contained in your LBA to the information the PD says it must contain...

    2. Claimant’s letter before claim

    2.1
    The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include –

    (1) the claimant’s full name and address;
    (2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable);
    (3) a clear summary of the facts on which the claim is based;
    (4) what the claimant wants from the defendant;
    (5) if financial loss is claimed, an explanation of how the amount has been calculated; and
    (6) details of any funding arrangement (within the meaning of rule 43.2(1)(k) of the CPR) that has been entered into by the claimant.

    2.2
    The letter should also –
    (1) list the essential documents on which the claimant intends to rely;
    (2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;
    (3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and
    (4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see.

    2.3
    Unless the defendant is known to be legally represented the letter should –
    (1) refer the defendant to this Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction; and
    (2) inform the defendant that ignoring the letter before claim may lead to the claimant starting proceedings and may increase the defendant's liability for costs.


    Okay, I am not normally a betting person, but I'd bet my house that the LBc does NOT give you all that information!

    In fact, if YOUR LBC is anything like the sample LBCCC copied at Post 3 below, it definitely DOES NOT comply with the Practice Direction (even though, cunningly, it claims that it does comply).

    So the first thing to do is to go through the LBC with a fine tooth comb and make a note of all information that it should have given you and hasn't.

    Go to Post 4 of this thread for some pointers on where the LBCCC at Post 3 of this thread fails to comply with the PD. Check these points against your own LBC / LBCCC / LBA and make notes of the failings of your own LBC

    Okay, you have made a list of all the ways in which your LBC fails to comply with the requirements of the Practice Direction. So what are you going to do about it?


    The Practice direction tells you what to do.


    First you must send the PPC an Acknowledgement within 14 days of receiving the LBA (if you don't do this, they can start court action against you, so don't ignore this).

    Note: even if you have missed the 14 day deadline, you can still jump in and kick start the PD procedure, right up until they start proceedings. But don't mess about, do it as soon as possible, as once they have started court action against you, the process gets even more formal and even more stressful. It's not fun and best avoided.

    So, back to the Practice Direction...

    The procedure for Acknowledging the LBA is set out here, at Annex A, Para 3
    http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct


    Now, just to re-cap before we go any further... The Pre-action Conduct that the PD requires the parties to follow is this:

    1 The Claimant (PPC) sends a LBC to the defendant (YOU) setting out all the information required by Annex A para 2.

    2 The Defendant goes along to the Practice Direction, reads up about what s/he must do, discovers that s/he must send an Acknowledgment in a certain form, and then must subsequently provide a formal Response, giving the Claimant certain information about the case from their point of view (this will eventually form the basis of the formal defence).

    Did you get that? The LBC must contain the info set out at Annex A Para 2 of the PD

    So what do you do now? It is impossible for you to provide a formal Response to the LBc because it doesn't give you the information necessary to do that.

    Answer - you acknowledge the LBA, you refer the PPC to the Practice Direction, and you politely ask them to send you the required information.

    Posts 4 and 7 of this thread compare the LBCCC with the PD requirements and give you lots of pointers on where the LBCCC fails to comply with the PD.

    Post 9 gives you a suggested form of Acknowledgment. BUT PLEASE PLEASE DO NOT USE THIS AS A TEMPLATE. It is in your own best interests to personalise your letter as much as possible to the circumstances of your case, and to write your Acknowledgement in your own words, in your own style, and in a way that you understand if you are ever asked to explain what you said in the letter.

    However be aware that the PPC isn't going to read your letter. They are almost certainly just going to send you a template reply which doesn't answer the issues you have raised.

    So why bother? Because you are writing for the JUDGE!

    What!!!??? Well, it is simple when you think about it. This Pre-action Conduct procedure was written by the court. Both parties are expected to follow it. The letters between the Claimant and the Defendant form part of the court documents that will be placed before the Judge, if this case ever gets to court. The court will take a very dim view of a Claimant who refuses to comply with this procedure - so much so, that the PD (para 4) sets out what the sanctions are for non-compliance.

    That is why it is better for you to write your own Acknowledgment, in your own words, in your own style, changing the order and numbers of paragraphs, including anything that is specifically related to your own particular case, and personalised to your own circumstances as much as possible.

    Doing it this way will ensure that you have an understanding of what you are doing. If your style is naturally more formal, that's fine. If your style is towards a softer, less confrontational approach, that's also fine.

    It will also ensure that because your reply is not based on a template letter, it cannot be answered by a template letter. If the PPC does reply to your personalised Acknowledgement with a template letter, it will avoid the issues that you have raised in your letter - which will not endear the PPC to the Judge if this case ever goes to court.

    So, just be straightforward and calm, and follow the instructions in Posts 3 & 4 & 7 & 9 below.

    Once you are satisfied that you understand the issues, and exactly why the Letter Before County Court Claim is deficient (and most certainly not compliant, as they misleadingly suggest in their letter) .... then go to Post 9 and follow the instructions for writing a letter of Acknowledgment.

    (to be continued with the next steps in the process...)
    Last edited by zzzLazyDaisy; 29-10-2013 at 1:40 AM.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
Page 4
    • tidegu
    • By tidegu 16th Aug 16, 3:21 AM
    • 57 Posts
    • 20 Thanks
    tidegu
    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?
    • The Deep
    • By The Deep 16th Aug 16, 7:11 AM
    • 5,561 Posts
    • 4,272 Thanks
    The Deep
    MUI that litigants have to bring an action within six years, it can go on for years after that.
    • Umkomaas
    • By Umkomaas 16th Aug 16, 7:34 AM
    • 11,030 Posts
    • 16,476 Thanks
    Umkomaas
    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?
    Originally posted by tidegu
    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.
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • Grimble
    • By Grimble 16th Aug 16, 7:53 AM
    • 343 Posts
    • 392 Thanks
    Grimble
    EvL is easy to dispute, just ask them to put forward their forensic evidence as in the EvL case.
    • The Deep
    • By The Deep 16th Aug 16, 9:02 AM
    • 5,561 Posts
    • 4,272 Thanks
    The Deep
    And ask what lies were told to the police.


    If they use Eliot v Loake they shoot themselves in both feet.
    • Herzlos
    • By Herzlos 16th Aug 16, 9:47 AM
    • 4,110 Posts
    • 3,596 Thanks
    Herzlos
    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?
    Originally posted by tidegu
    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
    • By The Deep 16th Aug 16, 10:35 AM
    • 5,561 Posts
    • 4,272 Thanks
    The Deep
    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.
    • pattyb1986
    • By pattyb1986 27th Aug 16, 9:40 AM
    • 5 Posts
    • 0 Thanks
    pattyb1986
    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
    • By tidegu 31st Aug 16, 3:52 PM
    • 57 Posts
    • 20 Thanks
    tidegu
    MUI that litigants have to bring an action within six years, it can go on for years after that.
    Originally posted by The Deep
    So, is LBCCC is the "action" or it is before the "action"?
    • bod1467
    • By bod1467 31st Aug 16, 3:59 PM
    • 14,806 Posts
    • 13,450 Thanks
    bod1467
    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
    • By tidegu 31st Aug 16, 4:02 PM
    • 57 Posts
    • 20 Thanks
    tidegu
    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.
    Originally posted by Umkomaas
    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?
    Last edited by tidegu; 31-08-2016 at 4:04 PM.
    • Coupon-mad
    • By Coupon-mad 31st Aug 16, 4:06 PM
    • 40,629 Posts
    • 52,498 Thanks
    Coupon-mad
    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. This relates to E&W only and court claims are still rare. Except for ParkingEye, Excel & VCS who are much more litigious than anyone else right now).
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • bod1467
    • By bod1467 31st Aug 16, 4:24 PM
    • 14,806 Posts
    • 13,450 Thanks
    bod1467
    As above ... the statute of limitations (which is where the 6 years comes from) starts the clock ticking from the date of the PCN.

    In Scotland it is 5 years from discovery of the issue, but in the case of a PCN discovery is still the PCN date - as them issuing a PCN means they've "discovered" an issue.
    • tidegu
    • By tidegu 31st Aug 16, 4:36 PM
    • 57 Posts
    • 20 Thanks
    tidegu
    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. This relates to E&W only and court claims are still rare. Except for ParkingEye, Excel & VCS who are much more litigious than anyone else right now).
    Originally posted by Coupon-mad
    CM, welcome back! I'm excited

    If I understood right, the "reset" does not resets the 6 years clock? So as per my daft question, if we can manage to let the POPLA decision made exactly after 6 years, we are free to leave whatsoever the decision's outcome?
    • Coupon-mad
    • By Coupon-mad 31st Aug 16, 6:09 PM
    • 40,629 Posts
    • 52,498 Thanks
    Coupon-mad
    A POPLA decision would never be made that late, it's not possible.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • janerodger
    • By janerodger 10th Oct 16, 5:02 PM
    • 4 Posts
    • 4 Thanks
    janerodger
    Urgent help required please.
    Hi
    I have followed you process on LBCCC and this is the response I have received back from Wright Hassall solicitors, I am not sure how to proceed.


    Our Reference: 1313176
    Client Reference: AT3212014
    Car Parking Operator: TOTAL PARKING SOLUTIONS
    Instructed by: Total Parking Solutions Ltd
    Balance outstanding: £ 100.00

    With reference to your recent correspondence, the contents of which have been duly noted.

    First of all, please note we are required to comply specifically with Annex B of the Pre Action Protocol and we do so fully. In proceedings we comply with the spirit of Annex A and we conduct litigation in accordance with the overriding objective. The Letter Before Claim makes clear the action that will be taken should non-payment continue and the consequences of such action. We are confident that our pre action correspondence meets all requirements for information to be provided to the recipient and will therefore not re-issue.

    Secondly, please refer to copies of initial Parking Charge Notice (PCN), reminder and final reminder notices that were all sent to your address on 08 June, 23 June and 25 July 2016 respectively. These notices have been sent to the same address to which you received further correspondence from us. Unfortunately, as no payment or response has been received within the required timeframe stated in the notices, our clients had to pass this matter for recovery activities.

    It does appear that an increasing number of motorists receive misguided and often misleading advice from online forums who claim parking charges are ‘unfair’ and ‘illegal’. Should you chose to rely on this advice or use template letters sourced from the internet we will not respond further and you can consider this letter our final response on the matter. Further should you choose to rely on a template defence at court we will seek an immediate strike out.

    We can, therefore, confirm this PCN stands and in order to close the matter in settlement of your liability, the outstanding balance of £100.00 needs to be paid in full. We will place a 14-day hold on this matter to allow you time to make payment in full. Should payment in full not be received, the hold will be removed and this account may proceed to litigation stage with a view to issuing a claim and obtaining judgment.

    Please see below our payment methods we have enclosed for your convenience.

    Debit Card/ Direct Debit: Call 01926 758101
    Please quote our reference number with all payments.

    Yours sincerely

    Tim Hawker
    Head of Debt Recovery Operations
    • Grimble
    • By Grimble 10th Oct 16, 5:24 PM
    • 343 Posts
    • 392 Thanks
    Grimble
    Template response from them, seen it before. Complain to the SRA about their threats on template letters.
    • janerodger
    • By janerodger 10th Oct 16, 5:45 PM
    • 4 Posts
    • 4 Thanks
    janerodger
    Urgent help required please.
    Thanks, I will but are they likely to take me to court in the mean time though?
    • Umkomaas
    • By Umkomaas 10th Oct 16, 5:56 PM
    • 11,030 Posts
    • 16,476 Thanks
    Umkomaas
    Thanks, I will but are they likely to take me to court in the mean time though?
    Originally posted by janerodger
    TPS are not snarlingly litigious like ParkingEye who will take 1,500 motorists to court this year. TPS seem to have dipped their toe in the water for the first time ever this year - with just 4 cases.

    http://www.bmpa.eu/companydata/Total_Parking_Solutions.html

    A court appearance (if it does materialise) will take some months to come to fruition.

    Plenty of time to get your complaints in to the SRA. As I understand it, a complaint to the SRA should see a suspension of any action against until investigated.

    Be prepared to make further complaints if WH continue to harass you.
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • Fruitcake
    • By Fruitcake 11th Oct 16, 9:34 AM
    • 36,492 Posts
    • 73,333 Thanks
    Fruitcake
    CM, welcome back! I'm excited

    If I understood right, the "reset" does not resets the 6 years clock? So as per my daft question, if we can manage to let the POPLA decision made exactly after 6 years, we are free to leave whatsoever the decision's outcome?
    Originally posted by tidegu
    A POPLA decision would never be made that late, it's not possible.
    Originally posted by Coupon-mad
    According to the UK Government Alternative Dispute Regulations that came into force last year, ADR can continue for up to eight weeks after the six year court deadline, if was already in progress before that date.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
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