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  • FIRST POST
    • biged670
    • By biged670 27th Apr 17, 10:18 PM
    • 370Posts
    • 34Thanks
    biged670
    Looking for advice
    • #1
    • 27th Apr 17, 10:18 PM
    Looking for advice 27th Apr 17 at 10:18 PM
    Hi,

    I had a parking 'ticket' through the post from New Generation Parking Management back a few weeks ago.

    To give a bit of background I had attended a charity event and mistakenly parked on land owned by the business premises next to the building where the event was being held. I genuinly had no idea I was breaking any rules by parking where I did.

    The notice I received in the post told me I had to pay £100 or £60 in the first two weeks. I ignored this letter and I have now received another in the post this week which is headed 'Final Reminder'.

    I've read the newbie sticky post at the top of the forum but I was wondering my best course of action now as I am now outside of the appeal window?
Page 3
    • beamerguy
    • By beamerguy 20th Sep 17, 10:23 AM
    • 6,476 Posts
    • 8,306 Thanks
    beamerguy
    Given the fact that they have acknowledged the complaint, and advised a response will be with me in due course, I am expecting something to come through advising if my complaint is upheld or rejected. Will keep you all posted
    Originally posted by biged670
    They will struggle to answer all the valid points you make.
    You need to put the pressure on as reminders

    If and when they do answer every point made, then, as you know
    there are few solicitors on this forum who I'm sure will not
    let them get away with rubbish

    No suitable reply can only mean a severe complaint to the SRA

    The SRA have previously denied any problem with
    WH and it would be interesting to see what the SRA
    think about this

    Wright Hassall are not fit for purpose and fail to follow
    the principals of the SRA

    As fatbeetle correctly says ...
    "now be scuzzng about trying to raise money for carpark scam artists? Must have fallen low in life."

    Wright Hassall have done themselves no favours getting
    involved with cowboys .... because google is not their
    best friend
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • biged670
    • By biged670 1st Oct 17, 8:57 PM
    • 370 Posts
    • 34 Thanks
    biged670
    Hi all, so I have had my response from Wright Hassall...
    Last edited by biged670; 01-10-2017 at 9:01 PM.
    • Umkomaas
    • By Umkomaas 1st Oct 17, 9:13 PM
    • 15,945 Posts
    • 24,737 Thanks
    Umkomaas
    Hi all, so I have had my response from Wright Hassall...
    Originally posted by biged670
    Wonderful.

    And .......?
    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.
    • biged670
    • By biged670 1st Oct 17, 9:19 PM
    • 370 Posts
    • 34 Thanks
    biged670
    Sorry I'm trying to work out how to post an image of the letter
    • Umkomaas
    • By Umkomaas 1st Oct 17, 9:22 PM
    • 15,945 Posts
    • 24,737 Thanks
    Umkomaas
    Host it on tiny pic, Dropbox, imgur or the like (not Photobucket). Copy and paste the URL into your next post.
    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.
    • biged670
    • By biged670 1st Oct 17, 9:26 PM
    • 370 Posts
    • 34 Thanks
    biged670
    https://image.ibb.co/mXBsQb/wrighthassall1.jpg

    https://image.ibb.co/cep1Jw/picture2.jpg

    Hope this works?
    • Umkomaas
    • By Umkomaas 1st Oct 17, 10:01 PM
    • 15,945 Posts
    • 24,737 Thanks
    Umkomaas
    I’d write back and invite them to have their client ZZPS issue court proceedings within 14 days or you will consider the matter closed.

    (Note - ZZPS can’t issue court proceedings as they have no locus in the alleged debt).
    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.
    • Coupon-mad
    • By Coupon-mad 1st Oct 17, 10:07 PM
    • 51,818 Posts
    • 65,447 Thanks
    Coupon-mad
    Quelle surprise. They basically said nothing at all.
    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.

    • biged670
    • By biged670 1st Oct 17, 10:21 PM
    • 370 Posts
    • 34 Thanks
    biged670
    I guess my question is, what to do next? Anybody else had similar letters?
    • Lamilad
    • By Lamilad 1st Oct 17, 10:26 PM
    • 1,201 Posts
    • 2,384 Thanks
    Lamilad
    Loving their hatred for online forums, it's the biggest compliment we can receive.

    Heaven forbid you will get the advise you need to fight this and beat them... No, they'd much prefer you to remain scared and in the dark so they can intimidate you into paying up with BS threats about CCJs and ruined credit files.

    If you respond as advised above it may be worth telling them that your letter was no "template" (how could it be when it referred to detailed and specific facts about your case).

    Although you understand that when it comes to vague "template" correspondence there is no one better placed to recognise it than WH, what with their vast 'first hand' experience of such.

    Say your letter was actually written by a Lawyer - a specialist in civil litigation who is assisting you in this matter, and will continue to do so until it is concluded.

    Add that he is already compiling detailed evidence in order to support your claim for costs pursuant to CPR 27.14(2)(g) for unreasonable behaviour in the event of court proceedings.
    • biged670
    • By biged670 1st Oct 17, 10:42 PM
    • 370 Posts
    • 34 Thanks
    biged670
    Say your letter was actually written by a Lawyer - a specialist in civil litigation who is assisting you in this matter, and will continue to do so until it is concluded.

    Add that he is already compiling detailed evidence in order to support your claim for costs pursuant to CPR 27.14(2)(g) for unreasonable behaviour in the event of court proceedings.
    Originally posted by Lamilad
    Can I really get away with saying this?
    • Ralph-y
    • By Ralph-y 1st Oct 17, 11:01 PM
    • 2,393 Posts
    • 2,917 Thanks
    Ralph-y
    yes

    its true .......


    Ralph
    • Lamilad
    • By Lamilad 1st Oct 17, 11:48 PM
    • 1,201 Posts
    • 2,384 Thanks
    Lamilad
    Can I really get away with saying this?
    The letter was written by Johnersh... Johnersh is a lawyer.
    • Coupon-mad
    • By Coupon-mad 1st Oct 17, 11:49 PM
    • 51,818 Posts
    • 65,447 Thanks
    Coupon-mad
    Yes but he only offers advice here, not 'legal advice', so check with Johnersh what can and can't be said.
    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.

    • Johnersh
    • By Johnersh 2nd Oct 17, 12:46 AM
    • 747 Posts
    • 1,388 Thanks
    Johnersh
    1. Dear WH, when sending letters accusing your opponent of using templates, please don't use a template yourself! You will note that the WH letter does not answer the questions put to them at all and in fact intentionally misconstrues the points raised so as to respond in a way that suggests that you have challenged the process of debt recovery simply because it is you that have received one of their letters. Best you wait and see whether claim form served on you adopts a template format too...

    2. Do not claim to/imply that you have legal advice when you don't have it. That won't end well. First, it will mean less latitude with your documents and with the Court and second, since no-one has a formal retainer with you, it's misleading and, were that established, it could cause you credibility issues with your evidence.

    3. By all means rely upon advice from a forum - nothing wrong with that - although it is true (in fairness to WH) that the internet has both and bad information.

    4. It is not correct (and I have never suggested) that details of all employees should appear on a company website. Although there has been much speculation about the employees of various organisations on this forum. I don't believe my template takes that point at all - if your letter followed my template, then this can be utilised to demonstrate to the court that it is the claimant that is proceeding in 'paint by numbers' fashion.

    5. Whether or not the SRA warning notice is breached ultimately becomes a matter of interpretation. The letter seeks to straddle the mid-ground between Gladstones and WH. However, the exact terms of the letters received (and/or threats made as may be) will vary. This is the importance of tailoring documents. FWIW, I am of the view that unless the letter says:
    (i) we will take you to court/
    (ii) if the court finds against you/
    (iii) we will then have a CCJ/
    (iv) which we will then enforce if you still do not pay
    then I believe that it is misleading or threatening. I have never said such letters are wholly illegal (although one might hope that the position changes).

    For example, it does not follow that a "loss" equals an instant 6 year penalty on one's credit file nor does it follow that many of the oft listed enforcement procedures can or will be followed.

    6. The mere use of a template does not render the defence of an action unmeritorious (whatever their letter says). You may wish to draw their attention to the provisions of the CPR. They will need to persuade the court that the case has no reasonable prospects of success - that bar is set pretty high.

    I suggest you write back and say that since proceedings have not been issued, if they intend to pursue the matter further they are on notice that since 01 October 2017 that a new protocol is applicable. Their previous correspondence lacked specificity and therefore this letter should be treated as a formal request for all of the documents / information that the protocol now requires them to provide. Further, you trust that no proceedings will be issued without complying with that protocol. You will reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court when costs come to be considered.

    Or I could just be misguided
    Last edited by Johnersh; 02-10-2017 at 12:59 AM.
    • biged670
    • By biged670 2nd Oct 17, 10:15 AM
    • 370 Posts
    • 34 Thanks
    biged670
    @johnersh

    Thank you for your advice. I have drafted this letter based on the information you have provided. Please can you let me know if it is ok?

    Dear Wright Hassall,

    I am writing to confirm receipt of your letter dated 28/09/2017, and I must admit, I am very disappointed with your resolution of my complaint.

    As proceedings, have not yet been issued, and as your previous correspondence lacks specificity, I would be grateful if you could please provide me with all documentation and information that you hold in relation to this matter. Please take this letter as a formal request for this information, as per ‘The Pre-Action Protocol for Debt Claims’ which came into effect 1st October 2017. I trust that no proceedings will be issued without this protocol being complied to.

    Further to the above, I would like to point out that I reserve the right to draw any failure of the claimant to comply with the protocol to the attention of the court when costs come to be considered.

    I look forward to hearing from you in due course.

    Yours sincerely,
    • Umkomaas
    • By Umkomaas 2nd Oct 17, 12:17 PM
    • 15,945 Posts
    • 24,737 Thanks
    Umkomaas
    I am very disappointed with your resolution of my complaint.
    Shouldn’t that read ‘non-resolution’?
    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.
    • biged670
    • By biged670 2nd Oct 17, 10:33 PM
    • 370 Posts
    • 34 Thanks
    biged670
    Their letter is a resolution, albeit not the resolution I wanted.
    • Johnersh
    • By Johnersh 2nd Oct 17, 11:02 PM
    • 747 Posts
    • 1,388 Thanks
    Johnersh
    Just grafted a new bit on for you...

    I am very disappointed with your resolution of my complaint.
    which appears to confuse my complaint regarding the manner of your debt collections process as being a complaint regarding debt collection per se..

    That the claim advanced by your client a is unmeritorious is a a distinct issue. Any claim pursued will be robustly defended.

    I reserve the right to pursue this matter (and the manner of your pre action correspondence) with the SRA in due course.

    As proceedings, have not yet been issued, and as your previous correspondence lacks specificity, I would be grateful if you could please provide me with all documentation and information that you hold in relation to this matter. Please take this letter as a formal request for this information, as per ‘The Pre-Action Protocol for Debt Claims’ which came into effect 1st October 2017. I trust that no proceedings will be issued without this protocol being complied to.

    Further to the above, I would like to point out that I reserve the right to draw any failure of the claimant to comply with the protocol to the attention of the court when costs come to be considered.
    • biged670
    • By biged670 2nd Oct 17, 11:33 PM
    • 370 Posts
    • 34 Thanks
    biged670
    Thanks Johnersh, does the highlighted sentence read right?

    I am writing to confirm receipt of your letter dated 28/09/2017, and I must admit, I am very disappointed with your resolution of my complaint which appears to confuse my complaint regarding the manner of your debt collections process as being a complaint regarding debt collection per se.

    That the claim advanced by your client a is unmeritorious is a a distinct issue. Any claim pursued will be robustly defended.

    I reserve the right to pursue this matter (and the manner of your pre action correspondence) with the SRA in due course.

    As proceedings, have not yet been issued, and as your previous correspondence lacks specificity, I would be grateful if you could please provide me with all documentation and information that you hold in relation to this matter. Please take this letter as a formal request for this information, as per ‘The Pre-Action Protocol for Debt Claims’ which came into effect 1st October 2017. I trust that no proceedings will be issued without this protocol being complied to.

    Further to the above, I would like to point out that I reserve the right to draw any failure of the claimant to comply with the protocol to the attention of the court when costs come to be considered.

    I look forward to hearing from you in due course.

    Yours sincerely,
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