Euro parks "letter before claim" help?!!!

Westie40

I received a parking ticket in a Sainsburys car park a few months ago and, after reading advise on forums have ignored it. Ive received about 8 letters now and the last one was titled "letter before claim" from a company called 'control account plc' (which the last 6 or so letters have been from.
Can someone tell me what the actual stand point on this is now please as I keep reading the laws have changed.
I really don't want to be taken to court.
The letter has a link to a website called justice with the .gov.uk end and says I have to follow the pre-action conduct rules.
Help please???

Coupon-mad

Control Account are a debt collector and are not in a legal position to send a real 'Letter before Claim'. To shoot it down in flames you may like to read the LBCCC guidance threads by zzzLazyDaisy (retired Solicitor who posts on this forum), so search for that under the keyword 'LBCCC' or 'Direction' (to find post about how flawed LBC's breach the Practice Direction).

You'll know what I mean when you read the threads having done your search. See my signature below for where to click to see the current front page of threads. Then you use the 'search this forum' button in the titles above the threads and put in your keyword and change the default to 'show posts'.

zzzLazyDaisy

Here is the thread that C-M referred you to

https://forums.moneysavingexpert.com/discussion/4754020

Please could you post up the full wording of the letter that you have received?

The reason is that only the PPC or a solicitor acting on behalf of the PPC can issue an LBCCC. As C-M says a debt collector does not have the legal standing to do this. If they are holding themselves out as solicitors (ie as having the legal standing to pursue court action on behalf of their 'client') that is a criminal offence. Hence my interest in the letter.

Daisy

kirkbyinfurnesslad_2

Lazzy daisy the pic of the letter is here

http://forums.pepipoo.com/index.php?showtopic=83538&st=0&#entry871260

zzzLazyDaisy

Okay here is a letter to send Euro Car Parks Ltd (send a copy to the debt collectors with a short covering letter saying 'please find enclosed a copy of a letter to your Principal dated xxxx the contents of which are self explanatory')

ADDRESS
DATE

Dear Sirs

PCN number xxxxxxx
Vehicle registration number xxxx

'I have received a letter from Control Account plc dated xxxx, in which they inform me that they are instructed to act as agent on behalf of your company in issuing legal proceedings against me in respect of a 'parking event' which is alleged to have occurred on [datexxxx] (copy letter enclosed for your information).

As you will see your agent's letter implies that it is instructed to act on your behalf in court proceedings. In particularly, it lists various documents that 'we may rely on in court'. As I am sure you are aware, only solicitors have rights of audience to represent a client in court. I should therefore be grateful to receive your confirmation, by return, that Control Account plc is indeed a legitimate firm of solicitors - bearing in mind that it is a criminal offence to wrongfully pretend to be acting in the capacity of a solicitor - and also considering that your company, as principal, is jointly and severally liable for the actions of its agent.

Alternatively, if you were previously unaware of the actions of your agent, you now have the opportunity to redress the matter by cancelling the parking charge against me, and instructing your agent to cease and desist from contacting me in connection with this matter.

Please note, I require your full and detailed reply within 14 days of the date of this letter. If I do not hear from you by then, I shall forward this letter and the letter from your agent, to the Solicitors Regulation Authority for investigation.

Finally, if this letter has indeed been written on your instruction, and it remains your intention to proceed with this matter notwithstanding the matters raised in the paragraphs above, please forward a fully compliant Letter Before Claim and I shall deal with it as required under the Practice Direction.


Yours faithfully

PRINT NAME

cc Control Account plc

Westie40

The letter says:

"Letter before claim

Re: Euro car parks ltd (2112) -v- Yourself

Amount outstanding: £105.00

We have been consulted by our client in relation to the amount outstanding. The sun remains unpaid despite several requests for payment and is now seriously overdue.

You will already have received details relating to the outstanding debt for which you are liable to pay. Itemised below are general documents that we may rely on in court, copies of which will be provided upon request:

A) contract together with terms and conditions (if applicable)
credit application
C) invoice (s) and statement of account

You are required to provide a full written response to our claim within the next 14 days. If you are unable to provide a response within this time YOU MUST send a letter of acknowledgment. All correspondence should be sent to the above address and it is important you quote the above reference number.

It is essential that you follow the pre-action procedure and guidelines detailed in Sections III and IV of the Courts Practice Direction relating to Pre-Action Conduct, full details of which can be found on the courts website at:- [then there is a URL for the justice [dot] gov site.

Should you fail to act in accordance with this Practice Direction the court has the powers to impose sanctions for non-compliance and your attention is drawn to section II paragraph 4 of the Practice Directions

If you do not dispute the claim and wish to make a payment Cheque/Postal order payments should be made payable to our above named client and sent to controlaccount plc, compass House, Waterside, Hanbury Road, Bromsgrove, Worcestershire, B60 4FD. Please quote reference 122537 on the reverse. If you require a receipt please enclose a SAE with your payment."

It then goes on to say they charge an extra £25 for cheques and gives links and addresses for advise:

National Debtline, Consumer Credit counselling service, citizens advise and community legal.

Ends with;

"If you do not respond to the letter legal proceedings may be commenced against you which will increase your liability costs"

If this corresponds to what you're saying I will send your letter.

Can you let me know?

Thanks do much for your help on this!

Coupon-mad

It does correspond with what zzzLazyDaisy is saying and she saw that letter on your pepipoo thread. Control Account are not a firm of solicitors and this is a new version of a letter from them (I have had their letters myself and never that one, it's very norty and misleading, IMHO).

Send the letter Daisy suggests, and a copy of it to Control Account for their info.

Half_way

As Control Accountsa re agents of Euro car parks who in turn are agents of Sainsburrys, would it be possible to implicate Sainsburrys for employing this parking company??

Coupon-mad

Half_way wrote: »

As Control Accountsa re agents of Euro car parks who in turn are agents of Sainsburrys, would it be possible to implicate Sainsburrys for employing this parking company??

Yep. Good call, the OP could copy in Sainsburys Head Office but it would have to be explained well or they wouldn't get why they were being sent the letter.

Half_way

As Control Accountsa re agents of Euro car parks who in turn are agents of Sainsburrys, would it be possible to implicate Sainsburrys for employing this parking company??

sgtbanjo

Thanks Daisy for that helpful letter. I shall be using it if necessary but would like further advice re ignoring the letters altogether.

I too have received not one, but two of these letters from Control Account for two alleged incidents in Morrisons Car Parks. What I would like to know is am I not better off just ignoring these as I have done with ALL previous correspondence? After all, If they are not worth the paper they are written on why give them the time of day replying?

Advice appreciated