Urgent: Impending commencement of formal civil court proceedings

Redx

true, but the law changed 2 years ago in october 2012 and our advice caught up a few months later once the popla appeal decisions started coming in , but that is a full 12 months before your incident

I am sure that you dont look at a 2 year old curriculum and thinks its still valid now , lol

my 12 year old grand daughter has just restarted her new school term and new school year and tells me its all changed compared to just a few months ago or what her elder sister had been doing previously

ancient news is history , so its worth looking at the date on things when checking the facts , even the "sell by" date on bread for example

good luck

Coupon-mad

Or should I cut my losses and pay £110 to avoid risking a day in court and possibly further loss?

Why would paying over £100 cut your losses when the POFA 2012 puts a ceiling on any claim to be a maximum of the amount on the PCN (plus court fee) so even if you got a small claim and lost at the hearing, then as keeper you'd point out the POFA 2012 says the maximum that can be recovered from the keeper is £xx {£75} or whatever is on the PCN, not the 'discount sum' though. Plus court fees say up to £50, all told, including the hearing fee, max would be £125 or thereabouts.

And that's if you LOST! TPS are not known to be litigious and these firms are a fairly easy to defend against if a small claim was ever issued. Have you Googled the name of the 'solicitor'? I suspect this is a standard debt collection template (yes, solicitors do debt collection letters when business is slow and typically charge a PPC two or three quid for a LBA). Then people panic because this letter looks different.

I say you should look at the LBCCC Fightback thread, in the forum stickies, and adapt the template suggested by zzzLazyDaisy. This pepipoo poster was directed there by me (I post as SRM on pepipoo) and did not report that their letter was followed by court papers:

http://forums.pepipoo.com/index.php?showtopic=90496&st=0&p=962594&#entry962594

Some of us discuss Court case listings re parking issues on a daily basis (we are funny like that!) and I've never noticed a TPS one. So I suspect it's all hot air. Reply as per the LBCCC Fightback thread.

Redx

hazzlewis wrote: »

EDIT:

These are threads I've already read.

In this case, the LBC has already been issued and i have left it too late to respond in compliance with the PD.

Do you have any advice that applies to my case?

no , because this forum is not here to give legal advice out about legal matters (its about parking tickets , fines and parking , not legal matters like court claims) , you should actually employ a solicitor or legal beagle if you needed legal advice, which frankly would have been a better idea than "asking around campus" because I wouldnt trust their advice to open a can of beans never mind expect them to know about parking laws and trespassing, preferring to use the advice of a retired solicitor who has probably forgotten more than most of us could remember (xxlazydaisyxx)

I for one will not be studying "your case" or giving out legal advice on your case as its not my place to do so, I will give guidance in what I think you should do and that is to thoroughly research your case and read and research the sticky threads here to get legal advice about these cases from people who know about them , also to read historical cases to glean info from them , and to actually get hold of parking pranksters court guide as its written for people in your position (mentioned in the sticky threads)

if you havent done all of the above, then I wonder just how bad things are getting when students cannot do the topical research on these matters given the power of the internet compared to having the local library only when I was a student and having to order in books from the main one in Manchester , nothing was instant back then and we could not have forums to disseminate the info either as there was no internet at all

but I digress somewhat

hope you win, but more due diligence required in order to do so

would have been much easier to advise you 6 months ago when your path was a lot easier

either way , read the sticky threads at the top of this forum like CM says

hazzlewis

Redx wrote: »

no , because this forum is not here to give legal advice out about legal matters (its about parking tickets , fines and parking , not legal matters like court claims) , you should actually employ a solicitor or legal beagle if you needed legal advice, which frankly would have been a better idea than "asking around campus" because I wouldnt trust their advice to open a can of beans never mind expect them to know about parking laws and trespassing, preferring to use the advice of a retired solicitor who has probably forgotten more than most of us could remember (xxlazydaisyxx)

I for one will not be studying "your case" or giving out legal advice on your case as its not my place to do so, I will give guidance in what I think you should do and that is to thoroughly research your case and read and research the sticky threads here to get legal advice about these cases from people who know about them , also to read historical cases to glean info from them , and to actually get hold of parking pranksters court guide as its written for people in your position (mentioned in the sticky threads)

if you havent done all of the above, then I wonder just how bad things are getting when students cannot do the topical research on these matters given the power of the internet compared to having the local library only when I was a student and having to order in books from the main one in Manchester , nothing was instant back then and we could not have forums to disseminate the info either as there was no internet at all

but I digress somewhat

hope you win, but more due diligence required in order to do so

would have been much easier to advise you 6 months ago when your path was a lot easier

either way , read the sticky threads at the top of this forum like CM says

Valid points, I have read the threads but its the imminence of this letter which ails me. I'm very concerned that I can't find the LBA they say they've sent and so i have no idea what was on it and don't seem to have a leg to stand on since as far as i'm concerned may well have followed the Practice Direction to the letter. Regrettably my search queries stemmed from web search engines - i was not looking here specifically at the time and now i realise what a valuable source of info it can be...

Anyway, i've decided to email the solicitor stating that i hadn't received the LBA requesting that it be resent to me. Hopefully that'll reset the clock on their pursuit of civil court proceedings so that I can defend myself without litigation?

hazzlewis

Coupon-mad wrote: »

Why would paying over £100 cut your losses when the POFA 2012 puts a ceiling on any claim to be a maximum of the amount on the PCN (plus court fee) so even if you got a small claim and lost at the hearing, then as keeper you'd point out the POFA 2012 says the maximum that can be recovered from the keeper is £xx {£75} or whatever is on the PCN, not the 'discount sum' though. Plus court fees say up to £50, all told, including the hearing fee, max would be £125 or thereabouts.

And that's if you LOST! TPS are not known to be litigious and these firms are a fairly easy to defend against if a small claim was ever issued. Have you Googled the name of the 'solicitor'? I suspect this is a standard debt collection template (yes, solicitors do debt collection letters when business is slow and typically charge a PPC two or three quid for a LBA). Then people panic because this letter looks different.

I say you should look at the LBCCC Fightback thread, in the forum stickies, and adapt the template suggested by zzzLazyDaisy. This pepipoo poster was directed there by me (I post as SRM on pepipoo) and did not report that their letter was followed by court papers:

Some of us discuss Court case listings re parking issues on a daily basis (we are funny like that!) and I've never noticed a TPS one. So I suspect it's all hot air. Reply as per the LBCCC Fightback thread.

Its more the day in court that worries me. Its potentially £110 v £125 + a day's wage missed...

The fact that TPS don't seem to be litigating does encourage me, but it's still very worrying to receive such an imposing and imminent letter.

Coupon-mad

They all look like that. If they meant it in the LBA in June why are they writing again? Because this is a standard letter chain!

hazzlewis

Coupon-mad wrote: »

They all look like that. If they meant it in the LBA in June why are they writing again? Because this is a standard letter chain!

I sincerely hope so

bazster

I'd suggest reporting Premier Solicitors to the Solicitors' Regulation Authority. They can't go around stating categorically that they will commence proceedings when they have no intention of doing so.

Stroma

There is virtually no chance that these go to court, though the parking eye figures are skewed on this FOI request, the rest is not. Do you see TPS on the list ? Thought not

https://www.whatdotheyknow.com/request/205660/response/510306/attach/html/3/AA%20REPLY%20TO%20Craig%20Lewis%2090006%203.doc.html