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Advice please over 1 year down the line.
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Haven't heard back but other threads are getting the same letter:
https://forums.moneysavingexpert.com/discussion/4871968
It is a RUBBISH letter and I notice not headed up as a Letter before Claim. So you could decide to ignore it if unsure...it really does look more like a template debt collector letter and certainly fails to be a Letter Before Claim.
Edited to add I have got in touch with zzzLazyDaisy about this and she'll hopefully pop back onto the forum next week sometime to post about this firm & letter.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thanks again CM. It is a totally rubbish letter full of errors with no mention of 'Letter before Claim'. Perhaps it is one last shot fired by NCP to get some money (which I don't owe them anyway).If they wanted to pursue that route I have both the ticket and receipt plus bank statement clearly showing the money was paid to them on the day.0
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I agree with C-M. This is quite specifically not a letter before claim. Any solicitor worth their salt would know this. This letter is almost certainly a simple demand intended to ramp-up the pressure to pay. I would sit tight and await a proper LBCCC/LBA or things going quiet. Remember that every time they write to you it costs them money and that money reduces any possible benefit they will see from anything you pay - if ever. This is just a numbers game and they are trying to make you fold.My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016).
For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com0 -
Hi, apologies for being late to the party!
I have had a quick read through the thread. My initial thoughts are:
1. I am not convinced that it is acceptable for an organisation to trade as a firm of solicitors, under a name which is not registered with the law society, even if it is a trading name of a company that is registered. I may be wrong, but it would do no harm to find out. So my first suggestion is that you use the compaints form on the SRA website (below). Say that you have had a letter from an organisation calling itself 'The Small Claims Solicitors', that you have checked the SRA website and cannot find any mention of this practice, so please would the SRA confirm that they are indeed a bona-fide firm of solicitors regulated by the SRA. Attach a copy of their letter.
http://www.sra.org.uk/consumers/problems/report-solicitor.page#how-report-sra
Be aware that the SRA often don't reply to such complaints, but they do investigate and if there is any transgression they should put a stop to it (which in extreme cases means closing the practise down, as we have seen previously).
For anyone else in the same position who might be reading, I suggest each person makes their own individual complaint. The more complaints that the SRA receives about a particular practice, the more likely they are to step in.
2 - Whether to respond or not? The letter it is not in any way shape or form a compliant LBCCC. You are probably safe to ignore it/them unless/until you receive an LBCCC.
However, if it was me, I would send a firm shot across their bows now.
I have to sign off now, but I will come back tomorrow with a draft letter for you to use - then you can take your pick about what you choose to do :-)
Daisy xI'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
Thanks so much for that Daisy. I will do exactly as you say. My letter from them is dated 13th January and gives me 14 days so I will post it first class tomorrow. Very interesting that they are not showing as registered with the law society.0
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Hi Minniemoo, apologies for being late getting back to you - but in any case don't worry about the 14 day deadline, that would only matter if the letter was an LBC, which it isn't.
Here is the letter that I would write, if I had received a letter like that....
Small Claims Solicitors
Address
Date
[Insert their reference number: xxxx ]
Dear Sirs
Your client: NCP
Parking Charge Number xxxxx
I refer to your letter of [insert date].
Firstly, I have no intention of paying the money demanded by your client, and any court proceedings will be vigorously defended. As I have already explained to your client, there was no 'contravention' as alleged, since I did buy a parking ticket (copy attached for your information) and therefore your client has suffered no loss.
Second, should it be your client's intention to start court proceedings, 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. Your letter clearly does not meet those requirements.
Please also note that a failure and/or refusal 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.
In the meantime, and in the absence of a letter before claim, you should place a note on your file to the effect that this charge is disputed and your firm is required to cease and desist all further contact with me. For the avoidance of doubt, the same applies to the debt collection agency, referred to in your letter.
I trust that I have made myself clear, and I suggest that you take your client's further instructions.
Yours faithfully
PRINT NAME
enc: copy parking ticketI'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
Nice Daisy
even nicer to see you back on the forum, you've been sorely missed by us all on here.
My best wishesWhen posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
We don't need the following to help you.
Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
:beer: Anti Enforcement Hobbyist Member :beer:0 -
+1 Stroma - very nice to see Daisy back!:)
Just to point out though the domain name is registered LPC Law Ltd
http://www.nominet.org.uk/whois/lookup?query=www.smallclaimsservice.co.ukDomain name: smallclaimsservice.co.uk
Registrant: LPC Law Ltd
Registrant type: UK Limited Company, (Company number: 2955453)
Registrant's address: 24 Martin Lane London London EC4R 0DR United Kingdom
http://www.thesmallclaimsservice.co.uk/for-business
Shocking letters if they have originated from this firm.0 -
4consumerrights wrote: »+1 Stroma - very nice to see Daisy back!:)
Just to point out though the domain name is registered LPC Law Ltd
and the website points out the The Small Claims Service is a trading name of LPC Law
Hi CR good to see you. Yes I know that the "Small Claims Solicitors" is a trading name of LPC law. This is common in the commercial world, but the Law Society is very strict about this sort of thing and normally any name that trades as a firm of solicitors must be registered with the SRA to protect the general public. Now it may be that LPC are not breaking any rules by trading under another (unregistered) name, but it would not do any harm to bring this to the SRA's attention.
In any case, the letter is b*llx and it also won't do any harm to bring that to the SRA's attention (in my view).
:AI'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
I couldn't agree more - I think LPC are shocking anyway.
There has been an influx of these letters in the last few days from various PPCs - the wording identical which appears to be a rent a solicitor letter (like the JMW)- but the common link being Debt Recovery Plus. This lot though charge a minimum of £62.50 upwards.
PS Daisy - can I pm you - for a question?0
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