ECP Letter before Claim, Response Letter sent and now rec'd letter from Euro Car Park

Ramagirl

Today I received a letter from Euro Car Parks in response to the letter which I sent (zzzLazyDaisy's letter). I am now unsure what I should do as it states I only have 14 days to make payment.

Has anyone else rec'd this letter and what action did you take.

Here is the letter, I would appreciate some help with this, thanks

The Letter Before Claim attached to your letter clearly has Control Account's appropriate details at the top of the page, and does not imply that they are solicitors. Control Account have the ability to issue a claim on behalf of Euro Car Parks or an appointed solicitor would present the case. The Letter Before Claim does need to list documents that may be relied on should the matter reach court in order to comply with the appropriate pre-action protocols.

Any further enquires regarding PCN should be directed to Control Account

Please make payment by visiting website at eurocarparks.com etc

This amount is now due and the charge will be held for 14 days to allow time to make the payment. If the payment is not received within this time further charges will apply.

Yours sincerely ..... Parking Charge Notice Dept.

Stroma

Complete rubbish, they must comply to the ministry of justice guidelines! Euro has issued 1 (one) claim in the past year out of thousands of tickets issued. Daisy will respond to this

Coupon-mad

it states I only have 14 days to make payment.

...course it does; they would say that wouldn't they, LOL!

Search the forum for one keyword: 'Control' (use the 'search this forum' title above the threads on page one, next to 'forum tools' and change the default search to 'show POSTS' not show threads). You should easily find the other thread where a person laughed at that exact same response last week! Control Account are debt collectors and CANNOT instigate a court claim. ECP do not do court and lost when they tried.

bargepole

Coupon-mad wrote: »

... ECP do not do court and lost when they tried.

Just to elaborate on that, their one attempt at taking someone to court was a complete farce.

They submitted a Particulars of Claim document which looked like it had been written by a seven year old, and didn't turn up to the hearing, instead requesting that the Judge decide the case based on their written submission.

I think it took the Judge about 10 minutes to dismiss the claim, and award the defendant his costs.

They haven't been near a court claim form since.

zzzLazyDaisy

Letter to PPC

Address

Date

Dear Sirs

Euro Car Parks v [Name]
Proposed Legal Proceedings


Thank you for your letter of [insert date], the contents of which are noted but not accepted.

First, the alleged debt is disputed and any court proceedings will be vigorously defended.

Secondly, if you choose to seek legal advice from a debt collection agent, that is of course entirely your choice. Nevertheless, as the prospective claimant, it is your company's responsibility to comply with the Practice Direction on Pre-action conduct. The supposed 'letter before claim' served by your agent on your behalf, falls a long way short of compliance.

Accordingly, if it remains your company's intention to issue proceedings against me in connection with this disputed claim, you must provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct.

http://www.justice.gov.uk/courts/pro...action_conduct

Please note, your company is obliged to complete all steps of the Practice Direction before starting court action. Should it fail to comply with this obligation, an immediate application will be made to strike out the claim, with costs against your company pursuant to the provisions of CPR 27.14 (g). You are referred to para 4 of the Practice Direction on non-compliance and sanctions in this regard.

Finally, you should ensure that you pass a copy of this letter to any solicitor which you may instruct to act on your behalf in connection with this matter, prior to any formal legal steps being commenced, since a failure to comply with the Practice Direction will result in an immediate referral to the Solicitors Regulation Authority for breach of the Principles contained in the SRA Handbook version 8, published on 1st October 2013.

I trust that I have made myself clear.

Yours faithfully

PRINT NAME

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Letter to control account

Address

DATE

Quote their reference

Dear Sirs

Your client [name of PPC]

Please find enclosed a copy of a letter to your above-named client, the contents of which are self explanatory.

Please note: I have now made a formal complaint to the Credit Services Association regarding your blatant disregard of the Code of Practice.

Yours faithfully

PRINT NAME

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Then go to the credit services assn website (here)

http://www.csa-uk.com/page/codes-and-standards

and download their complaint form (scroll to bottom of page).

And send this letter

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Dear Sirs

FORMAL COMPLAINT AGAINST YOUR MEMBER CONTROLACCOUNT PLC

I wish to make a formal complaint against your above named client which is conducting its business in serious breach of the CSA Code of Practice, specifically Para 10 a) and e).

Specifically, on [xxdatexx] your client sent me a letter purporting to be a 'letter before claim' threatening court against me on behalf of its client Euro Car Parks. That letter breaches the CSA code of conduct in two important respects:

Para 10 (a) To my knowledge your member's client, has only issued court proceedings on one occasion with the past 12 months, and it therefore seems reasonable to surmise that it is unlikely that it has any serious intention of issuing proceedings against me in this case;

Further and in any event:

Para 10 (e) The purported 'letter before claim' from your client is so woefully non-compliant with the Pre-action Protocol applicable to this disputed claim, that if it were not such a serious matter, it would be laughable. I refer you specifically to the provisions of Annex A Para 2 of the Practice Direction on Pre-action Conduct.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

I enclose, for your information, a copy of the purported 'letter before claim' together with copies of my letters of today's date addressed to your member and its client, the contents of which are self explanatory.

Given the threat of county court proceedings and the fact that your member appears to be unable or unwilling to understand and/or advise its client about the legally required pre-action steps which MUST be taken before court action is started, I expect you to investigate this complaint as a matter of urgency.


Yours faithfully


PRINT NAME

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