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

annnne

Yes it does. Thanks.

Ironman2005

Hi,

I don't appear to be able to start a new thread so please can someone look at my post on MSE?

It is under the same name Ironman2005 but I can't post links either!!

My wife received a letter, which I thought was a LBA but it turns out to be a LBCCC. I thought this came later.

What do I do?

Please help as we are now a tad worried.

Thanks.

Coupon-mad

Ironman2005 wrote: »

Hi,

I don't appear to be able to start a new thread so please can someone look at my post on MSE?

It is under the same name Ironman2005 but I can't post links either!!

My wife received a letter, which I thought was a LBA but it turns out to be a LBCCC. I thought this came later.

What do I do?

Please help as we are now a tad worried.

Thanks.

You did start a new thread and there is less to be worried about than you may think:

https://forums.moneysavingexpert.com/discussion/4752285

Complain assertively to the Services Manager is the first thing to do, see the advice on your thread.

zzzLazyDaisy

UP-date....

Please see blue up-date note on post 1 of this thread.

If you get a Letter Before County Court Claim (LBCCC)either:

1) instead of a Letter Before Action (LBA); or
2) as a template letter in reply to your Acknowledgment under the PD

Despite now referring you to the PD, and despite telling you WHY they are REFUSING to comply with parts of the PD.... this does NOT over-rule the requirements of the PD to provide the defendant with certain information.

So the basic advice remains the same - just follow the advice in post 1 of this thread and adapt it to your situation:

If the LBCCC is the first letter you have received (ie it replaces the previous LBA) Check the LBCCC with Annex A, para 2, of the PD and make a note of all information that they should have given you, but have failed to provide. The Acknowledge the LBCCC pointing out that it does not in fact comply with the PD and list the information they have failed to provide and also take the opportunity to request any additional information that you may need in order to prepare your Response (see post 1 and post 45 above for more info).

EACH TIME YOU WRITE TO THEM - Ask them not to reply with a Template Letter, but to please read and reply to your letter in corresponding numbered paragraphs, and conform that once you have received the requested information you will prepare a formal Response and forward this document to them within 30 days. Remind them that they must complete all steps under the PD before starting proceedings, and also remind them of the court's powers to sanction them under para 4 of the PD, if they fail to comply with their obligations under the PD.

If you have received the LBCCC in reply to your Acknowledgment under the PD, or a later letter, just pick up Post 1 at the appropriate point, and continue as per the guidance.

IMPORTANT - KEEP THE CORRESPONDENCE GOING - KEEP ASKING FOR THE INFORMATION YOU ARE ENTITLED TO UNDER THE PD - AND COMPLY WITH THE DEADLINES IN THEIR LETTERS

Daisy

Bobsmithers

Hi,

Please accept my apologies for posting here but I seem to be missing a button to create a new thread.

I have followed all of the advice I can find on these posts. Very helpful and I must thank you for what has been posted!

A LBCCC was received which was clearly not PD compliant. Now received a letter which fails to provide the info requested. It even claims that the previous letter they sent was an LBA. Another PE clanger?!?

Anyway, this latest letter does not even provide anymore dates or deadlines. It simply rehashes info previously sent, demands payment and suggests that they are "prepared to pursue this matter through the County Court if necessary."

I even asked them to sign their response. They have not bothered. This is just another template/mail merge job.

Could you advise what I should do next please? Do I use a solicitor or continue in the same way by demanding the info that I have requested so far?

Many thanks

Coupon-mad

You do indeed need your own thread. The blue 'new thread' button hasn't gone walkabout; it's on the top left of the parking forum board above the stickies and titles:

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

And also try out the 'search this forum' button on the right, as part of the title line above the threads. Put in LBCCC as a keyword and 'show posts' (instead of the default 'show threads'). I know we have had other threads where people have had a letter like yours and we have given advice only this week saying to keep up the lines of communication & suggestions on a reply again...this one springs to mind as being quite similar with the latest update on a response they got back from PE:

https://forums.moneysavingexpert.com/discussion/4733887

And no, for a small claim you really do not want to be consulting solicitors - unless you have free legal cover on your house insurance or summat. You can't reclaim legal fees and this is only small claims (and you aren't even there yet!).

I usually post this advice link below (I am SRM on pepipoo) so you can see that a small claim is not such a big deal, not so scary even if you lose; no automatic CCJ gets filed or anything like that:

http://forums.pepipoo.com/index.php?showtopic=82744&st=0&gopid=862298&

Finally and I think very importantly - have you exhausted the complaints procedure of the Retailer or Retail Park Managing Agents? Look how many people in the last 4 weeks have got a fake PCN cancelled (mostly PE cases) by complaining to the right person of the firm who contracted them there:

https://forums.moneysavingexpert.com/discussion/comment/62837690#Comment_62837690

The top 3 examples recently added at the top of all those successful linked threads there, are from people who were past the LBCCC stage and had reached the end of their tether with the scam and put their foot down as a customer!

Bobsmithers

Thanks Coupon-mad! I have been using this forum for several weeks and had never seen the blue New Thread button until now! I suspect I have never navigated to the main car parking forum page.

I will keep up the exchange of info and create a new post if needed.

Thank you once again!

zzzLazyDaisy

Hi, send them another letter, repeating your earlier requests in numbered paragraphs, and asking them to do you the courtesy of reading your letter and providing the information requested in similarly numbered paragraphs. Remind them of the courts power to apply sanctions for non-compliance with the Practice Direction and tell them that you will have no alternative but to seek advice if they do not provide a satisfactory response within 14 days.

You will almost certainly get another template letter in reply. At that point please start your own thread and I will help you with a robust letter to send to them.

Daisy

ordinaryJoe

Having fallen foul of PE's dreadful PCNs and LBCCCs, and initially wanting to fight back and make my contribution to the MSE "team" efforts to rectify the injustices they are perpetrating, I find myself, like many others, deciding that I just don't have the time and the dedication to make sure that I raise all the correct points in the right way in order to successfully defend myself against their threats.

So I am going to pay up, just to get them off my back and get on with my life. But I wonder whether the many people who have asked for and received great help from this forum and these threads are aware that there is a government e-petition on the subject of Parking Eye? Although it might have been better raised as a general e-petition against all PPCs with unethical practices, it is nevertheless a valid channel to continue the fight against Parking Eye, and I urge everyone who reads this to go and vote. As a new member I am not allowed to post a link, but it can be found on epetitions.direct.gov.uk with petition number 45444.

Umkomaas

ordinaryJoe wrote: »

Having fallen foul of PE's dreadful PCNs and LBCCCs, and initially wanting to fight back and make my contribution to the MSE "team" efforts to rectify the injustices they are perpetrating, I find myself, like many others, deciding that I just don't have the time and the dedication to make sure that I raise all the correct points in the right way in order to successfully defend myself against their threats.

So I am going to pay up, just to get them off my back and get on with my life. But I wonder whether the many people who have asked for and received great help from this forum and these threads are aware that there is a government e-petition on the subject of Parking Eye? Although it might have been better raised as a general e-petition against all PPCs with unethical practices, it is nevertheless a valid channel to continue the fight against Parking Eye, and I urge everyone who reads this to go and vote. As a new member I am not allowed to post a link, but it can be found on epetitions.direct.gov.uk with petition number 45444.

No petition exists under that number using the website's search engine - could you check the number?