Is it still correct to ignore every letter?

Stroma

Try this
http://forums.moneysavingexpert.com/newthread.php?do=newthread&f=163

Stroma

Umkomaas wrote: »

Please do start a new thread because there's a similar case that PE are 'touting' on their website that I'd like to compare with your daughter's experience.

My thoughts, this could actually be the same one

shamilton63

i have started one now, i will look at their website, thanks

N9eav

We have now received a court claim form on behalf of Parking Eye.
There was NO letter (LBCCC) as expected, just debt collector letter demanding £200 then a court claim asking for less (£165).

To be honest we have had no disclosure. How do I proceed now... Can I defend the claim demanding that Parking Eye produce the evidence. State that no LBCCC was issued or received?

or just cough up?

No point trying the land owner.

Umkomaas

N9eav wrote: »

We have now received a court claim form on behalf of Parking Eye.
There was NO letter (LBCCC) as expected, just debt collector letter demanding £200 then a court claim asking for less (£165).

To be honest we have had no disclosure. How do I proceed now... Can I defend the claim demanding that Parking Eye produce the evidence. State that no LBCCC was issued or received?

or just cough up?

No point trying the land owner.

Have you read zzzLazyDaisy's thread on the Practice Direction on Pre-Action Contact? If not, here it is, I'm sure it will help you to start tackling this.

https://forums.moneysavingexpert.com/discussion/comment/62445019#Comment_62445019

PS - cough up - what's that?

N9eav

Umkomaas wrote: »

Have you read zzzLazyDaisy's thread on the Practice Direction on Pre-Action Contact? If not, here it is, I'm sure it will help you to start tackling this.

https://forums.moneysavingexpert.com/discussion/comment/62445019#Comment_62445019

PS - cough up - what's that?

Yeah, I read that a while ago and was waiting for my letter concerning pre-action, but there was no letter, just straight to court action. Perhaps a new tactic as things rarely get lost in the post!

Umkomaas

N9eav wrote: »

Yeah, I read that a while ago and was waiting for my letter concerning pre-action, but there was no letter, just straight to court action. Perhaps a new tactic as things rarely get lost in the post!

There's been a number if updates to it by Daisy, so it might be worth a further read?

nigelbb

N9eav wrote: »

Yeah, I read that a while ago and was waiting for my letter concerning pre-action, but there was no letter, just straight to court action. Perhaps a new tactic as things rarely get lost in the post!

It's amazing how many letters to/from PE go 'missing'.

N9eav

Ah, I see it now. Seems that failing to send the pre court Letter before court action is not smart. I guess people panic and pay.... I won't be so obliging... But I would value any assistance on which defences to play

Coupon-mad

Sad that you didn't respond and engage them in straightforward letters earlier to deflect your case from the court pile (as I advised in post #13 if this had been my relative). Sorry, but to now have to defend a court claim is hassle you could have done without - and where PE turn up for court cases, they turn up mob-handed. The good news is they do also drop out of plenty of cases where they see a robust defence.

A few things to check to discover if the first postal Notice was compliant:

- was the first PCN received within 14 days of the incident?

- was the first PCN before May 2013 (in which case it won't state who the creditor is)?

Look at the hoops that have to be jumped through by a PPC to have established 'keeper liability' as shown on the Parking Cowboys website 'keeper liabilty' link. Any failures on wording or timescale, point it out as part of your defence as keeper, as long as the driver has never been mentioned nor established.

As well as acknowledging the claim, she should add a request for the court to kindly consider 'staying' the case because PE failed to send any Letter before Claim at all and she has had no information about the Practice Direction. This is unfair and unacceptable from a large company with in-house solicitors, when alleging a debt against an unrepresented and inexperienced person.

She can see if the court will stay the case for the two parties to resolve with a POPLA appeal 'because it is the industry's bespoke ADR', stressing it is in an effort to get the matter resolved outside of a court room when the PPC has failed to follow due process so far.

See here where, just this morning on pepipoo posting as SRM, I suggested this approach when acknowledging a claim:

http://forums.pepipoo.com/index.php?showtopic=84009

post #16 suggests asking the court for a stay on this claim (can't promise they will but as you are acknowledging it anyway...). It's also not likely PE will agree to POPLA but you look very reasonable by asking and they look unreasonable by refusing. As you can see I suggested that person should also write a letter to PE (in an 'I mean business' tone!) and tell them what he's doing about this and invite them to cancel.