TPS & PS "Letter Before Claim"

Village_idiot82

Hi.

I need some help please. I have ignored recurring PCNs from TPS and have now been sent a "Letter Before Claim" from a Solicitors representing them.

The letter is as follows (with omitted details):

Dear Sir / Madam

RE: Outstanding PCN XX12345678

We are instructed by Total Parking Solutions of <address> In relation to an outstanding parking ticket and non-payment of a PCN.

It is understood that on date at time, a vehicle which you are the registered keeper a <car with reg> Was parked on privately owned land at <location>.

Our client is duly authorised and permitted by the proprietor of the land to manage and operate the parking at that location.

On entering and parking on the land, a contract was entered into between the driver of the Vehicle and our client ("the Contract"). The terms of the contract regulating parking on the land are set out on clear and visible sign placed at the entrance and around the location. Those signs display the terms by which motor vehicles are entitled to park there and any relevant time limits that are applicable.

The vehicle was parked there in contravention of the terms regulating parking on the land. More specifically the vehicle exceeded the maximum stay time. This constituted a breach of the contract and our client is entitled to pursue this matter against you, as the registered keeper, in lieu of the driver (if different )whose details are unknown.

As a result of the driver failing to comply with the advertised parking terms and conditions, a PCN has been issued (either physically affixed to the vehicle or provided to you, the registered keeper by post following capture by automatic numberplate recognition systems). THe PCN clearly details the amount payable as a result of the contravention and the deadlines by payment was due.

You have failed to deal with the PCN, respond to our Client (despite chasing attempts) or raise any challenge as to the legitimacy of the PCN being levied against you, the registered keeper of the Vehicle. The amount which is currently outstanding and due to our Client in respect of the PCN is £110.00.

This letter was sent to you in accordance with the pre-action protocol under the Civil Procedure Rules 1998. We would now demand that you make a payment of the outstanding sum to us within 14 days of the date of e letter.

Payment can be remitted by way of cheque or electronic transfer. Our bank details are set out below

<info omitted>

If we do not receive payment of the outstanding sum by the deadline stated above, our Client will have no option other than to commence formal Civil Court Proceedings against you and will do so without further reference to you. Such proceedings, if brought, will also include claims for interest, fixed legal costs and Court fees, thus increasing the amount payable.

We therefore trust you will make the payment to us before the deadline stated above.

Should you be in any doubt about the content of this letter or implications for you, then we respectfully suggest that you seek independent legal advice.

Yours Faithfully


I have responded with a response similar to post #3 of this thread

forums.moneysavingexpert.com/ showthread.php?t=4754020&highlight=letter+before+county+court+claim

And received the below reply:

ampersand

Things aren't quite straight on your post Village_idiot82.

I can't see the #3 you refer to, or the reply.

At this stage, don't go sending things off without reading thoroughly here, understanding what you're doing and putting drafts up for a critique.

Village_idiot82

Dear Sir / Madam,

RE: Outstanding PCN

Thank you for your letter <date>.

We note that you dispute the validity of the PCN, though the grounds upon which it is disputed have not been particularised. Please can you therefor provide clarification on what basis you dispute this ticket.

It is notable that the factual background provided in our initial letter has not been questioned.

Further, you state that the Letter Before Claim is non-compliant with the Practice Direction on a Pre-Action Conduct. Your assertion is firmly denied.

We therefore look forward to hearing from you. Oncewe have this information, we will seek our Client's instructions and if necessary,can provide any relevant documentation and evidence.

Yours Faithfully,

So. My thinking is that the initial letter doesn't comply (despite my assertion being "firmly denied." As they have not provided me with the information required as of 2.2(1) and 2.2(2). Ie no list of documents and no form of ADR. Is this correct? If so, I assume I go to the acknowledgement stage of the process, ask them to comply? Do I need to point out the shortfalls? And should I respond to the grounds upon which it is disputed and the factual background statements?

Any help much appreciated. Thanks

Village_idiot82

Hi ampersand

If you remove the space after .com in the link above (i cant post links so have to break them) it will take you to a thread I have been following. I used the letter in that post as the basis for my response to the original LBC

ampersand

No, still doesn't work, but no matter.

Get reading here,
https://forums.moneysavingexpert.com/discussion/4816822,

-esp#4, while waiting for one of the experts.

Marktheshark

Has someone signed this letter as "A solicitor" with a signature or affirmation.
Or has the letter just been sent from a company claiming to be solicitors.


They need to make it clear what hat they are wearing.
Are they operating as debt collectors or as litigant solicitors bringing legal action on behalf of a client .
failure to make this clear is a breach of the SRA protocols.
I would demand they clear up that point first and copy the letter to the SRA.

Village_idiot82

Hi Marktheshark

The letter is signed with the solicitors company name, is this a breach?

ampersand

You need to expand on that vi.

Signing a solicitor's letter with a solicitors'/'s company name is normal: think conveyancing.

But there must be something that tells whether they are acting FOR someone else, or as solicitor/debt collectors. This ref. isn't enough-'Client's instructions '

For example, a lot of people are receiving demands from 'The Miah Solicitors' atm, arising from ancient fake parking invoices. Doesn't mean you ignore though.

Marktheshark

If it is claiming to be a solicitors letter it should have the name of the solicitor claiming to perform the litigation.
How else can you be sure you are dealing with a solicitor.

Contact the SRA and start a complaint that they are sending unsigned un-named letters.

EnigmaPart1

These will be from Premier Solitiors in Bedford

Dealt with a lot of them.

Coupon-mad

And if it's a retail car park, complain in writing or by email, very angrily as a customer, to the Retail CEO or Managing Agent/landowner immediately - they often cancel this rubbish.