Parking - Letter Before County Court Claim (LBCCC) - Fight back! Guidance Thread

bod1467

As above ... the statute of limitations (which is where the 6 years comes from) starts the clock ticking from the date of the PCN.

In Scotland it is 5 years from discovery of the issue, but in the case of a PCN discovery is still the PCN date - as them issuing a PCN means they've "discovered" an issue.

tidegu

Coupon-mad wrote: »

If you lose at POPLA then the firm can send a LBCCC then file a court claim as long as it is within 6 years of the parking event. This relates to E&W only and court claims are still rare. Except for ParkingEye, Excel & VCS who are much more litigious than anyone else right now).

CM, welcome back! I'm excited:T

If I understood right, the "reset" does not resets the 6 years clock? So as per my daft question, if we can manage to let the POPLA decision made exactly after 6 years, we are free to leave whatsoever the decision's outcome?

Coupon-mad

STOP!!!!!

Did you not notice, this thread is from 2013??

2013!


Do not read parking threads that are this old, the legal arguments have long since changed and the pre-action protocol was updated in 2017.


YOU HAVE BEEN WARNED, DO NOT READ OLD THREADS

You are just TWO clicks away from the current advice and live forum help.

See my signature, below...

janerodger

Hi
I have followed you process on LBCCC and this is the response I have received back from Wright Hassall solicitors, I am not sure how to proceed.


Our Reference: 1313176
Client Reference: AT3212014
Car Parking Operator: TOTAL PARKING SOLUTIONS
Instructed by: Total Parking Solutions Ltd
Balance outstanding: £ 100.00

With reference to your recent correspondence, the contents of which have been duly noted.

First of all, please note we are required to comply specifically with Annex B of the Pre Action Protocol and we do so fully. In proceedings we comply with the spirit of Annex A and we conduct litigation in accordance with the overriding objective. The Letter Before Claim makes clear the action that will be taken should non-payment continue and the consequences of such action. We are confident that our pre action correspondence meets all requirements for information to be provided to the recipient and will therefore not re-issue.

Secondly, please refer to copies of initial Parking Charge Notice (PCN), reminder and final reminder notices that were all sent to your address on 08 June, 23 June and 25 July 2016 respectively. These notices have been sent to the same address to which you received further correspondence from us. Unfortunately, as no payment or response has been received within the required timeframe stated in the notices, our clients had to pass this matter for recovery activities.

It does appear that an increasing number of motorists receive misguided and often misleading advice from online forums who claim parking charges are ‘unfair’ and ‘illegal’. Should you chose to rely on this advice or use template letters sourced from the internet we will not respond further and you can consider this letter our final response on the matter. Further should you choose to rely on a template defence at court we will seek an immediate strike out.

We can, therefore, confirm this PCN stands and in order to close the matter in settlement of your liability, the outstanding balance of £100.00 needs to be paid in full. We will place a 14-day hold on this matter to allow you time to make payment in full. Should payment in full not be received, the hold will be removed and this account may proceed to litigation stage with a view to issuing a claim and obtaining judgment.

Please see below our payment methods we have enclosed for your convenience.

Debit Card/ Direct Debit: Call 01926 758101
Please quote our reference number with all payments.

Yours sincerely

Tim Hawker
Head of Debt Recovery Operations

Grimble

Template response from them, seen it before. Complain to the SRA about their threats on template letters.

janerodger

Thanks, I will but are they likely to take me to court in the mean time though?

Umkomaas

janerodger wrote: »

Thanks, I will but are they likely to take me to court in the mean time though?

TPS are not snarlingly litigious like ParkingEye who will take 1,500 motorists to court this year. TPS seem to have dipped their toe in the water for the first time ever this year - with just 4 cases.

http://www.bmpa.eu/companydata/Total_Parking_Solutions.html

A court appearance (if it does materialise) will take some months to come to fruition.

Plenty of time to get your complaints in to the SRA. As I understand it, a complaint to the SRA should see a suspension of any action against until investigated.

Be prepared to make further complaints if WH continue to harass you.

Fruitcake

tidegu wrote: »

CM, welcome back! I'm excited:T

If I understood right, the "reset" does not resets the 6 years clock? So as per my daft question, if we can manage to let the POPLA decision made exactly after 6 years, we are free to leave whatsoever the decision's outcome?

Coupon-mad wrote: »

A POPLA decision would never be made that late, it's not possible.

According to the UK Government Alternative Dispute Regulations that came into force last year, ADR can continue for up to eight weeks after the six year court deadline, if was already in progress before that date.

bod1467

I think the point C-m was making was that POPLA would never even feature in respect of any claim for an old parking ticket ... POPLA is only available within a relatively short period after a PCN is issued (whether it be a NTD or NTK and the relevant timescales that apply). POPLA would never be in the frame several years down the line.

gee1318

Hello,
I have been following your helpful guidance. Are you still issuing guidance at all, please? I have received a response from the solicitors in response to my telling them they had not complied with the practice direction. It is different to any examples you list here and I was wondering if I could send you an edited version and invite your comments and kind help with it, at all?
Many thanks.