roxburghe PCN North West

surfboy1

BWFC-AP wrote: »

You'd be surprised, they have their ways, just be prepared for if they do. 01932 numbers and mobile numbers you won't recognise, just remind them that you aren't legally required to speak to them if you choose not to.

Or better still tell them to F OFF!:)

stavros1981

case passed back from Graham White to Roxburghe - apparently they will now accept less as "it is in your best interests to clear your liability" - hmmm.....coming to an end yet?!

Stroma

stavros1981 wrote: »

case passed back from Graham White to Roxburghe - apparently they will now accept less as "it is in your best interests to clear your liability" - hmmm.....coming to an end yet?!

Yes maybe one or two letters then bye bye

stavros1981

Ok so now I've receive a letter before claim from GPB solicitors. Is this just another link in their chain?

Thanks in advance

stavros1981

It's just a one page document asking me to pay in 14 days or they will seek legal Action.

stavros1981

I have devised the following:

To Whom It May Concern:

This letter is the Defendants's formal letter of Acknowledgment of the Claimant's Letter Before Claim dated ****** 2013 as required by the Practice Direction on Pre-action Conduct.

The claimants letter before claim does not comply with
with the Practice Direction on Pre-action Conduct so the Defendant is unable to comply with the Practice Direction until the Claimant has provided the further information requested in this letter.

The claimant is required to provide a full breakdown of how the claimants cost have been calculated and to refer the defendant to the practice direction. The claimant has failed to comply with this.

The defendant requires a detailed breakdown of the Claimant’s loss and how it has been calculated as without this information it is impossible for the Defendant to provide a Response to the Letter Before Claim.

The Claimant has negated to provide the defendant with a list of all the essential documents that the claimant is going to rely on in court.

The defendant is aware that the letter before action is indeed not the beginning of court action but rather a pre-cursor to court action.

The defendant questions as to whether the claimant is the landowner. If the Claimant is not the landowner, please explain PCN North West's standing to act as Claimant in bringing these proceedings and provide a copy of the contract between the Claimant and the Landowner authorising it do so.

The defendant therefore requires a list the afore mentioned information in order that a full response can be submitted by the defendant.

Alternatively you may cancel the parking charge.


Should I respond or is it better to wait it out?

Thanks,

Stroma

We haven't seen the new solicitors letters from roxburghe's baby, can you scan it and place a redacted version up? You can host it on tinypic and place the link here, would appreciate that.

Gardener48_2

Thank you all previous helpful posters. This is my first ever post.
I have been watching this thread for over year. I received two 'fines' from PCN North West a year ago.
I have been very encouraged by this website. I have never contacted PCN, never replied and I have never lost a wink of sleep over the issue. I have kept all previous letters from them and the subsequent list of jokers demanding money from me. I have had ELEVEN 'final' demands. Still I have never cared a bit.
However, this morning, I received a letter from a real solicitors, GPB llp. This one has me a bit spooked. (not enough to either contact them or pay though). This is a letter before claim and, for the first time it states 'our client WILL seek to recover charges in the County Court'.
Any advice or previous experience out there?
Oh, and by the way, the posters on here encouraging members to capitulate. Forget it. Some of these people are so obviously working for the other side, with their phoney spelling mistakes and grammatical errors. Not difficult to spot at all.

Stroma

They won't do court, as they have never been there before, and not likely in future. This is somebody else's thread, please create your own below - thanks

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

stavros1981

Thanks Stroma, I have created a new revised letter based on a great one I saw on this forum.

this is it: To Whom It May Concern:

This letter is the Defendants's formal letter of Acknowledgment of the Claimant's Letter Before Claim dated July 29th 2013 as required by the Practice Direction on Pre-action Conduct.

The claimants letter before claim does not comply with
with the Practice Direction on Pre-action Conduct so the Defendant is unable to comply with the Practice Direction until the Claimant has provided the further information requested in this letter.

I bring to your attention the Practice Direction on Pre-action Conduct (hereinafter ‘PD’), and I bring your particular attention to Section 7 of the aforementioned document, which relates to Letters Before Claims.

Regarding your original “Letter Before Action”, I note that it fails to comply with this section of the PD on numerous counts, specifically the failure to notify myself, an individual, to the document itself. Your letter also fails to state the facts your claim is based on, which documents you plan to rely on and how your loss has been calculated.

Section 8 of the PD also sets out details on Alternative Dispute Resolution (‘ADR’), which your Letter before Action fails to mention. Fortunately, as a member of the British Parking Association (‘BPA’), an independent resolution solution is open to the claimant, namely the Parking On Private Land Appeals Service (‘POPLA’). The defendant therefore invites you to issue a POPLA code for this dispute to be settled without the need for court action.

Alternatively, you may simply cancel the parking charge.

If the claimant wants to continue with its claim then the defendant requires the following documents so they can fully respond:

(1) the name and address of the person, company or legal entity by whom the claimant was instructed to manage the car park;

(2) the names and addresses of the owners of the land on which the car park is situated if different to (1);

(3) evidence establishing both the freehold ownership of the land and who holds any relevant leasehold interests (e.g. copies of entries at the Land Registry, copies of any unregistered leases, etc.);

(4) a copy of the contract by which the claimant was instructed to manage the car park as clauses within this contract will form a material section of the defence, especially in regards to payments made to your client;

(5) a copy of the contract that the driver is alleged to have agreed to, including indications of which terms the claimant considers “core” and reasons therefore

(6) an explanation on what the sum being claimed is based on (e.g. breach of contract, contractual sum, trespass)

(7) a full and detailed breakdown of the actual losses (if any) alleged to have been caused to your principal/the landowner as a consequence of the alleged parking incident;

(8) a full and detailed breakdown of the actual losses (if any) alleged to have been caused to your own company as a consequence of the alleged parking incident;

(9) confirmation that your Notice To Keeper was fully compliant with Schedule 4 of the Protection of Freedoms Act 2012. I bring to your particular attention Section 9(2)(h) of said act, which states that that the creditor should be explicitly and clearly identified.

The defendant is aware that the letter before action is indeed not the beginning of court action but rather a pre-cursor to court action. However, should you wish to take this matter further you are required to provide the requested information.

The defendant therefore requires the previously mentioned information in order that a full response can be submitted by the defendant.

Alternatively and as mentioned, you may cancel the parking charge.

I look forward to receiving either the requested POPLA code OR full cancellation of the parking charge


I hope the original poster doesnt mind my plagiarism.

I am working on the tiny pic thing...thats all new to me!

So...has DPB taken over from Graham White?

S