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TCP/Smart letter chain - legal proceedings
frb123
Posts: 4 Newbie
Have received 7 letters from TCP Ltd then Smart, Debt Recovery and Zenith. Have ignored all.
Latest is labelled "Notice of Intention to Commence Legal Proceedings".
What is the next letter in the chain?
(Or is it Letter before Claim or Court proceedings or something else)?
Grateful for anyone else's experience with this.
Thanks.
Latest is labelled "Notice of Intention to Commence Legal Proceedings".
What is the next letter in the chain?
(Or is it Letter before Claim or Court proceedings or something else)?
Grateful for anyone else's experience with this.
Thanks.
0
Comments
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If they are going to formally commence legal action then they must follow the Practice Direction on Pre-Action Conduct. That's the time to pay this more attention.
Here is an excellent description of what PD is about and sets it in the context of parking charges. zzzLazyDaisy (the originator of this thread on PD) is a retired solicitor; her ability to put much of this in layman's terms is really helpful.
http://forums.moneysavingexpert.com/showpost.php?p=62445019&postcount=1
Take some time to digest the thread. Please note that Daisy is a little under the weather at the moment, so not likely to be around to answer any queries on it.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 Street0 -
If I recall correctly, a final last chance begging letter offering a discount again.Have received 7 letters from TCP Ltd then Smart, Debt Recovery and Zenith. Have ignored all.
Latest is labelled "Notice of Intention to Commence Legal Proceedings".
What is the next letter in the chain?
(Or is it Letter before Claim or Court proceedings or something else)?
Grateful for anyone else's experience with this.
Thanks.
You have to admire their cheek.0 -
Correct me if I'm wrong but TCP aka Smart Parking (oxymoron) have never issued proceedings. And why would they? This is more likely, therefore, to be another idle threat.My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016).
For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com0 -
If after 7 letters they still haven't issued a claim, you must ask yourself why, it's quite simple as stated above this company has never issued. If they had a case why wait ? Just get on with it already!When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
We don't need the following to help you.
Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
:beer: Anti Enforcement Hobbyist Member :beer:0 -
With their recent, and current form on the niceties of keeping legal, the last place not so smart will want to see is a courtroom.
All their misdeeds laid bare for to embarrass Asda.
tut tut.0 -
Just show the court the lovely images of smart thinking they can issue fines if you park in a disabled bay without putting a meaningless piece of card on the dashboard0
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The "Notice of Intention to Commence Legal Proceedings" is just another begging letter that you can ignore.
If you ever get a 'letter before action' or a 'letter before claim' don't ignore that as it is the first step in the legal proceedings, but as Smart have no history of court action, you'd be very unfortunate if you were the first one!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.0
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