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  • FIRST POST
    • Kind Of Irritated
    • By Kind Of Irritated 6th Sep 16, 10:39 AM
    • 226Posts
    • 164Thanks
    Kind Of Irritated
    Letter before claim
    • #1
    • 6th Sep 16, 10:39 AM
    Letter before claim 6th Sep 16 at 10:39 AM
    LETTER BEFORE CLAIM
    I would very much appreciate some help as to how to deal with a Letter Before Claim which we received from the solicitor of a company set up to monitor car-parking in a limited domestic car park.

    This company is meant to protect the needs of the owners & tenants in the block of flats. Thus we explained to the management and wrote to Link Parking mentioning that. This was not an outsider parking there to get quickly to the shops.

    PERMIT
    We actually do possess a permit for my son's parking space.

    In any case this is an issue ALL and any visitors to the flats will have as extra spaces are not available. We expected that once the explanation was provided common sense would have meant the charge would be cancelled. But no. The solicitors now want £150 "within 14 days". Whether they mean "from date of letter" or "from (its) receipt" is not specified. The date of the letter was 25th August but we did not receive it until last Friday, 2nd September.

    URGENT REPLY NEEDED?
    My first urgent query: should we immediately post them (today?) a holding letter while we put a longer reply together?

    I would also appreciate some advice on how we handle the comprehensive reply to the solicitors. I have read some of your excellent posts on this site and I'm sure they will be a great help.
    Last edited by Kind Of Irritated; 06-09-2016 at 11:27 AM.
Page 16
    • Kind Of Irritated
    • By Kind Of Irritated 6th Apr 17, 10:11 AM
    • 226 Posts
    • 164 Thanks
    Kind Of Irritated
    How many sorts of courts are there, FGS!?
    • Loadsofchildren123
    • By Loadsofchildren123 6th Apr 17, 10:26 AM
    • 1,077 Posts
    • 1,879 Thanks
    Loadsofchildren123
    Criminal, Civil and Family
    Each has different divisions which deal with varying degrees of seriousness/value.
    So Criminal has magistrates and crown court (and I think Crown Crt is subdivided perhaps as well, but I don't know)
    Family has County Court level and High Court level (High Court will deal with "big money" and complex child cases such as child abductions)
    Civil has plain old County Court and then the High Court which is sub-divided so that the more valuable/complex cases get judges with the right specialist experience - eg all Libel cases will go to the "Queen's Bench" and there is a Mercantile division and so on)
    Lots of cases concerning issues over land don't go to a court but to the specialist "Lands Tribunal".


    It's quite complicated!
    • Loadsofchildren123
    • By Loadsofchildren123 6th Apr 17, 10:37 AM
    • 1,077 Posts
    • 1,879 Thanks
    Loadsofchildren123
    Anyway, that's a lesson to me to check where the small claims rules differ from the main rules! Part 18 is another example, although I put in a Part 18 request anyway!!!
    • bargepole
    • By bargepole 6th Apr 17, 10:40 AM
    • 2,071 Posts
    • 5,897 Thanks
    bargepole
    ...Civil has plain old County Court and then the High Court which is sub-divided so that the more valuable/complex cases get judges with the right specialist experience - eg all Libel cases will go to the "Queen's Bench" and there is a Mercantile division and so on)
    Originally posted by Loadsofchildren123
    And just to clarify further, in the County Court there are three 'tracks'.

    The small claims track is for monetary claims up to £10,000 in value, and has its own set of rules (CPR 27). Essentially, strict rules of evidence do not apply, and the Judge is free to conduct the hearing in any way he/she sees fit. Costs are strictly limited, eg legal representation fees are not recoverable unless it can he shown that the other side has acted unreasonably.

    The fast track is for claim values between £10,000 and £25,000, and for those cases the full CPR rules and procedures must be observed. A party who does not comply is likely to find their case struck out, and a hefty costs award against them.

    The multi track deals with high value cases over £25,000, and sometimes due to their complexity will be transferred up to the High Court. These are generally complex cases lasting more than one day, and at this level barristers or QCs will be instructed, and some serious legal costs awarded against the losing party.
    Speeding cases fought: 24 (3 of mine, 21 for others). Cases won: 20. Points on licence: 0. Private Parking Court Cases: Won 28. Lost 9.
    • debs.c
    • By debs.c 30th May 17, 11:58 AM
    • 80 Posts
    • 48 Thanks
    debs.c
    hi, so your court date is soon then, heard any more bout that?
    • debs.c
    • By debs.c 30th May 17, 11:59 AM
    • 80 Posts
    • 48 Thanks
    debs.c
    please ignore!! posted to myself?
    • debs.c
    • By debs.c 10th Jun 17, 12:43 PM
    • 80 Posts
    • 48 Thanks
    debs.c
    so, one month before my court date and my witness now has an appointment which she cannot alter so is unable to come with me. I am still in recovery from my operations but want to get it over with. should i postpone? if so, how best to do this? thanks
    • Coupon-mad
    • By Coupon-mad 10th Jun 17, 3:26 PM
    • 50,150 Posts
    • 63,524 Thanks
    Coupon-mad
    As this thread is 10 pages long, remind us who the witness is and whether you have submitted your witness statement and hers already, or whether you are now due to exchange WS?

    You can't postpone based on what you've said, IMHO. Can she postpone her appointment?

    The last person I had emails from, whose witness could not turn up, actually lost (off forum). Their witness was abroad but would have been vital to confirming they had the right to park in a residential case. The witness had an email confirming it, which the defendant missed out of the evidence, for some reason.

    So, if your witness cannot postpone her appointment, make sure you include ALL evidence (including any she has) and her WS in your court submission prior to the hearing, stating that she will be unable to attend.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • debs.c
    • By debs.c 10th Jun 17, 4:54 PM
    • 80 Posts
    • 48 Thanks
    debs.c
    ok, my witness was present at the venue and witnessed what happened i.e. i was unable to reach the digital machine to enter my registration, she approached me in febuary and offered to be a witness..here is the witness statement,,,,,,,,,2)On the date the alleged offence occurred, Mrs X was also attending the Reel Cinema, Port Talbot.

    3) Mrs X witnessed the defendant Y struggling to reach the digital ticket machine to enter her vehicle registration number (VRN) for evidence of parking.


    4) Mrs X witnessed the defendant Y's need for assistance and recalls a staff member from the Reel Cinema entering the VRN into the digital system, which supports the defendant’s statement.

    ..... all statements have been submitted to the court, just waiting to attend in july. i will speak to her and ask if she can postpone her appointment. i assume i stilll attend court myself? if not, do I firstly need to contact the court to tell them my witnes is now unavailable? do i have to inform the claimant (MS) as well? do i need a confirmation letter of her appointment? thanks
    • Coupon-mad
    • By Coupon-mad 10th Jun 17, 5:22 PM
    • 50,150 Posts
    • 63,524 Thanks
    Coupon-mad
    i assume i stilll attend court myself?
    You must.

    do I firstly need to contact the court to tell them my witness is now unavailable? do i have to inform the claimant (MS) as well? do i need a confirmation letter of her appointment?
    Have your WS, and hers, already been filed?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • debs.c
    • By debs.c 10th Jun 17, 7:04 PM
    • 80 Posts
    • 48 Thanks
    debs.c
    ok ill go, yes both statements have already been filed
    • Coupon-mad
    • By Coupon-mad 10th Jun 17, 10:06 PM
    • 50,150 Posts
    • 63,524 Thanks
    Coupon-mad
    See if she can postpone the appointment first, especially if it's just getting her hair done...!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • debs.c
    • By debs.c 11th Jun 17, 9:57 AM
    • 80 Posts
    • 48 Thanks
    debs.c
    yeah i will, ill get back to u later, thanks
    • Umkomaas
    • By Umkomaas 11th Jun 17, 10:27 AM
    • 14,622 Posts
    • 23,004 Thanks
    Umkomaas
    As this thread is 10 pages long, remind us who the witness is and whether you have submitted your witness statement and hers already, or whether you are now due to exchange WS?
    This thread is in danger of getting into a mess. debs.c is not the OP, but seems to have jumped in and distracting advice (possibly confusing it) with her own case. This isn't even about the same PPC.

    As both these cases are getting to the critical point, this hijack could be dangerous - and costly.

    @debs.c - please only ask for advice on your own thread.
    Last edited by Umkomaas; 11-06-2017 at 10:29 AM.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • debs.c
    • By debs.c 11th Jun 17, 11:14 AM
    • 80 Posts
    • 48 Thanks
    debs.c
    wow didnt expect this, sorry u feel ive hijacked the queue, didnt mean to, ive been in this since last year so i am here for the long run, i had such a long gap as i was in hospital. I've acted upon all the advice ive been given with thanks. didnt even realise this wasnt my thread, im not brill at this but im doing my best.
    • Redx
    • By Redx 11th Jun 17, 11:24 AM
    • 15,526 Posts
    • 19,612 Thanks
    Redx
    so pm crabman and ask him to take posts #308 onwards and detach them from this thread by KIND-OF-IRRITATED and merge them into your own thread, that way its all corrected

    the regulars here wish to help you both but each member should stick to their own thread, its nothing personal, but it is better for both of you to have the correct advice in your own threads, not each others, especially for continuity

    we would warn off anyone else if they hijacked your thread too
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • debs.c
    • By debs.c 11th Jun 17, 11:52 AM
    • 80 Posts
    • 48 Thanks
    debs.c
    just tried to pm and had this message......'crabman has exceeded their stored private messages quota and cannot accept further messages until they clear some space'. ill stick to my own thread from now on, i'm still learning.
    • Redx
    • By Redx 11th Jun 17, 12:00 PM
    • 15,526 Posts
    • 19,612 Thanks
    Redx
    try soolin then
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
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