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Parking - Letter Before Action? Letter Before County Court Claim? Fight back!

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  • Allan87
    Allan87 Posts: 465 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Will email-only suffice as opposed to snail mail too?
  • Umkomaas
    Umkomaas Posts: 43,417 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Allan87 wrote: »
    Will email-only suffice as opposed to snail mail too?

    Either/or, but both a better guarantee. Not worth the uncertainty, so, email plus hard copy with first class stamp and (free) proof of posting from your Post Office. Is there any problem?
    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.

    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.

    Private Parking Firms - Killing the High Street
  • Allan87
    Allan87 Posts: 465 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Umkomaas wrote: »
    Either/or, but both a better guarantee. Not worth the uncertainty, so, email plus hard copy with first class stamp and (free) proof of posting from your Post Office. Is there any problem?

    No there's not a problem, just don't want to spend 60p on them unless I really have to.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Allan87 wrote: »
    No there's not a problem, just don't want to spend 60p on them unless I really have to.

    I'd say it is worth 60p to do a belt and braces - considering that people are reporting that they are not getting a confirmation reference number from the website. It also gives them a clear signal that you are not messing about. But ultimately the choice is yours.

    D
    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.
  • born_3
    born_3 Posts: 59 Forumite
    Shamelessly bumping Daisy's post.

    Is the three week wait for firing off the 'missive' about the non-compliant LBA still current advice?
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    edited 26 August 2013 at 1:54PM
    It has never been 3 weeks. The Practice Direction gives you 14 days to reply to the LBA with an Acknowledgement. If you do not reply within this time period the PPC can start court action without further correspondence. For this reason it is important to Acknowledge within 2 weeks, and then keep the correspondence going within the time limits provided in each letter. Unless you decide to file a formal Response under the Practice Direction, in which case you notify them that you will do so within 30 days. But filing a Response pre-supposes that they have given you enough information to do so, which they will fight tooth and nail to avoid.
    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.
  • born_3
    born_3 Posts: 59 Forumite
    It has never been 3 weeks...

    You are, of course, right. I was very clumsily (and incorrectly, 3 weeks not 30 days) alluding to your post #55 in this thread.

    Is the suggestion in #55 still valid/appropriate?
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Yes the 30 days for sending them a formal Response under the Practice Direction does still stand *IF* they have given you the information that you have asked for in your earlier correspondence (or at least addressed all the points that you have raised, and informed you that they are refusing to supply the requested information). If you have indeed reached that point then the next step is a Formal Response. But so far all I have seen is template letters from PE repeating the same old rubbish and not addressing the requests for information made by the motorist in earlier correspondence.

    If that is where you are up to, I suggest that you look at this thread

    https://forums.moneysavingexpert.com/discussion/4730029

    and this one

    https://forums.moneysavingexpert.com/discussion/4735635

    These threads will give you an idea of how to respond to try and elicit the information you need (and they are required to give) to enable you to prepare a formal Response (for the moment leave to one side any points they have flat out refused to deal with / respond to - such as providing a list of documents - as that will be dealt with in the Response).

    The most important thing is to keep the correspondence going and DO NOT miss a deadline.

    One final point - I have answered your query here as it may help others, but please stick to your own thread in future - we WILL find you! :A
    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.
  • annnne
    annnne Posts: 8 Forumite
    Hi Daisy and everyone. I have a question about what next to do after sending an acknowledgement letter to the LBA and recieving an LBCCC in return. Please have a look at my thread. Thanks.

    ps: i am unable to post a link to the thread. The post title is LBCCC after acknowledgement to LBA: what next?
  • Coupon-mad
    Coupon-mad Posts: 152,567 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    annnne wrote: »
    Hi Daisy and everyone. I have a question about what next to do after sending an acknowledgement letter to the LBA and recieving an LBCCC in return. Please have a look at my thread. Thanks.

    ps: i am unable to post a link to the thread. The post title is LBCCC after acknowledgement to LBA: what next?


    https://forums.moneysavingexpert.com/discussion/4751911

    HTH
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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