Letter Before Action from debt collector edit:No its not a LBA

cheekyparker

Hi Everyone,

Partly because I've had a number of successful cases involving banks, credit cards companies and insurance companies behind me and partly because of the aforementioned cases my balls are bigger than my brain, I've been ignoring letters relating a Parking Charge Notice I received back in December hoping they'll take me to court so I can make them lose and charge them for my time. I have a folder full of 'wins' in my desk drawer which I was hoping to add to. A bold game, I know.

It wasn't until today however that I read the POFA S4 in detail having not realised previously how the law had changed since the old 'just ignore them' days.

I think I know where I'm at, however I was hoping for a second opinion. Here the state of play:

In December I was visiting a friend and parked in the communal carpark for the flats. The carpark is normally quite empty as no one has a car. There is a sign which suggests displaying a permit is required but there is no ticket system which requires payment. You either have a pass or you don't. You can't buy one.

Previously I have used her guest parking permit because I've seen people have their cars clamped and towed away. However, that day another friend was also visiting and using the pass but having read in the newspaper that clamping had been banned I thought they could try to sue me unsuccessfully knowing the UTCCR would never support the outrageous £300 fee they used to display. I never read the sign.

By the time I left I had received a PCN, then a postal PCN, then the NTK from the issuer of the PCC, spaced in 28 intervals. I ignored them.

More recently, I have received letters claiming to be from a debt collection agency with a very similar address and phone number as the PPC. The second letter suggests court action is pending.

Reading the stickies and the POFA it looks like if it was a paid car park they might try to sue for breach of contract, which is what I thought I could defend on. However, I noticed from another thread that trespass doesn't require proof of damages. And that's why I'm posting.

At this point I'm wondering whether to post an appeal letter to get my POPLA code, and/or whether to write to the 'collection agency' to state the issue is under dispute.

Looking at the letters and BPA CoP, there aren't any obvious holes.

Any advice gratefully received.

Redx

just read the newbies sticky thread thoroughly at the top of this forum, also click the link in post #8 that tells you the flowchart way too

in theory you are too late for a popla or ias code under the AOS rules (BPA or IPC) but in fact they can issue one right up until court papers are served, or even be forced to use popla as an ADR

the debt collectors cannot take you to court either, so their letters will mention that you may be taken to court by the creditor or the legally appointed agent (the ppc) , but not by this debt collection agency

court action "is always pending" , for 6 years , doesnt mean it will happen, but it "may" happen

read the LBCCC sticky thread in crabmans sticky post, if you believe the letter is an LBA

cheekyparker

Hi Redx and thanks for replying,

I've been reading all evening including the post you mentioned and I'm glad for it too.

Seems I misread the letter an a LBA. It was cleverly headed 'Court Action Pending' which made me think it was the same thing. Its not [STRIKE]but I can't amend my original post now[/STRIKE]. I found out how to do it.

I think I'm on the home stretch with this one. I'll just sit it out as usual and add the letters to my sizeable file of idle threats.

Many thanks to everyone here for creating this great resource.