Acknowledge LBC or give correct driver details?

misterman

Hi, thanks for this. For the MCOL acknowledgement, do I tick the 'Contest Jurisdiction' box in addition to choosing the defend claim in full option?

zzzLazyDaisy

misterman wrote: »

Hi, thanks for this. For the MCOL acknowledgement, do I tick the 'Contest Jurisdiction' box in addition to choosing the defend claim in full option?

No the jurisdiction point only applies if you live in Scotland or NI, or the parking event happened there (I am presuming that's not the case?)

Daisy

misterman

Thanks, I've submitted the MCOL acknowledgement. Now for some reading!

zzzLazyDaisy

Draft letters. Please wait a bit for regulars' comments

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PCM (NW Ltd
ADDRESS

DATE

FORMAL COMPLAINT

Dear Sirs

PCM (NW) v [misterman]
Northampton County Court case no xxxxxx
PCN Number xxxxx
Registration number xxxx



I am the Registered Keeper of the above mentioned vehicle.

By a letter dated [date] I informed you of the identity of the driver of the vehicle on the day in question (copy enclosed for your information).

On the same date I also forwarded a copy of that letter to your solicitors for their information (copy enclosed).

I find it impossible to believe that BOTH letters failed to arrive at the addresses of the intended recipients!

As you were advised of the name of the driver, together with an address for service, before legal proceedings had begun, you lost the right to pursue myself as the Registered Keeper pursuant to the provisions of POFA 2012.

Therefore not only does your company have no cause of action against me, but your conduct in issuing these proceedings is in clear breach of POFA 2012 and the BPA code of conduct. Accordingly I have now made a formal complaint to Steve Clark of the BPA, and also the DVLA.

I expect you to cancel this charge and instruct your solicitor to withdraw this court action against me immediately.

For the avoidance of doubt, if you persist in this frivolous and vexatious claim against me, I produce witness evidence to prove that I was not the driver of the vehicle on the day in question and I shall seek an order for my own and my witness's wasted costs and expenses occasioned by your unreasonable behaviour pursuant to the provisions of CPR Part 27.14 (g).

I trust this will not be necessary and look forward to receiving confirmation of withdrawal of proceedings by return.


Yours faithfully

PRINT NAME

cc Steve.C@britishparking.co.uk;
elizabeth.symonds@dvla.gsi.gov.uk

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Letter to BPA

FAO Steve Clark

FORMAL COMPLAINT REGARDING BPA MEMBER PCM (NW) LIMITED REGARDING SERIOUS BREACH OF POFA 2012 and BPA Code of Practice

Dear Mr Clark

I am writing to complain about the unlawful conduct of PCM (NW) in issuing legal proceedings against myself, as the Registered Keeper, despite the fact that I had identified the driver of the vehicle on the day in question and provided an address for service some xx weeks before proceedings were started.

I enclose for your information a copies of my letters to PCM (NW) LTD and its solicitor GPB solicitors both dated xxx identifying the driver, together with my written complaint to PCM (NW) LTD of today's date regarding its breach of POFA 2012 and the BPA Code of Practice.

I should be grateful if you would please investigate this matter and look forward to receiving your reply as a matter of extreme urgency, in view of the fact that your member has unlawfully commenced court action against me!

Yours etc

cc DVLA

---

Letter to DVLA

Please find enclosed a copy of my letter of today's date to Mr Clark of the BPA complaining about the conduct of BPA member PCM (NW) LTD.

I trust you will take appropriate action against this company.

Yours etc

---

Letter to GPB Sols

YOUR REF xxxxxxx

Dear Sirs

PCM (NW) v [misterman]
Northampton County Court case no xxxxxx
PCN Number xxxxx
Registration number xxxx

Please find enclosed a copy of a letter to your client, PCM (NW) LTD of todays date, the contents of which are self explanatory.

I trust you will advise your client to withdraw these proceedings forthwith, failing which I will be making a formal complaint to the Solicitors Regulation Authority.

Yours etc

Umkomaas

Looks good to me Daisy. As usual to the point and very well crafted.

spacey2012

GBP are signed up to the CSA credit collection code of practice.
You can complain about the conduct of GBP acting as credit collection directly to the CSA here:
http://www.csaconsumers-uk.com/page/i-have-a-complaint

If you read the code of conduct they signed up to you will see they break every single point of the code .

zzzLazyDaisy

spacey2012 wrote: »

GBP are signed up to the CSA credit collection code of practice.
You can complain about the conduct of GBP acting as credit collection directly to the CSA here:
http://www.csaconsumers-uk.com/page/i-have-a-complaint

If you read the code of conduct they signed up to you will see they break every single point of the code .

Stacey you have posted this on at least one other thread, and it has been pointed out to you that GPB are acting on behalf of the PPC in their capacity as a firm of solicitors.

Whatever rules they may or may not be breaking in relation to any 'credit collection' activities, are not relevant to the conduct of these court proceedings.

Coupon-mad

misterman wrote: »

Thanks, I've submitted the MCOL acknowledgement. Now for some reading!

But you do need to answer Daisy's question below - because it might give you more grounds for complaint to the BPA & DVLA:

do you still have the original PCN? If so can you confirm the date of the parking event and the date on the PCN please (GPB have had a bit of a run issuing court papers on PCM (NW)'s out of date PCNs)

misterman

Hi, sorry, no, I didn't keep the PCN or any further letters except the LBA. The parking event was in Jan this year and the PCN arrived about 2 to 3 weeks later.

Coupon-mad

That's a shame - almost certainly sent late if there was no windscreen PCN (they have to serve ANPR PCNs within 14 days). Was this an ANPR ticket though, with photos of the car going in and out?

Read the advice on all the other PCN (NW) cases linked on this thread:

https://forums.moneysavingexpert.com/discussion/4779596

Lots of you in the same boat so do read the other threads regularly too. What happens in their cases, and the advice on those threads, may be very useful to you.