Yet another Parking Notice Charge at Doncaster Airport

Giant_Hogweed

Oh God I've just tried reading one of the links posted above and my head has exploded! Is my letter a LBCCC or not? According to the bits of the guidelines I understood it hasn't got nearly enough of the information on it that zzzLazyDaisy says it should contain, but as my brain has now melted I'm not sure what I've got!

I have picked one thing up though, nowhere in the original letter or the one I received yesterday does it say (as stated in Paragraph 6 a of the Practice Direction-Steps before issuing a claim at court) how the amount of money they are demanding is calculated.
Does this mean they haven't complied with the Practice Direction?

Redx

Mick_Rog wrote: »

hxxp://s1250.photobucket.com/user/MickRogSnr/media/parking%20invoice%201.jpg.


hxxp://s1250.photobucket.com/user/MickRogSnr/media/Parking%20invoice%202.jpg


Still wouldn't allow my post. can you see these?

nope , you must have done something wrong, they dont exist when copying and amending your links, plus there should not be that full stop either

as for the LBCCC fightback thread , works ok here in firefox , try a different browser (on a laptop or pc)

https://forums.moneysavingexpert.com/discussion/4754020

you challenge it as not being compliant, that is the point

Giant_Hogweed

hxxp://i1250.photobucket.com/albums/hh530/MickRogSnr/parking%20invoice%201.jpg


hxxp://i1250.photobucket.com/albums/hh530/MickRogSnr/Parking%20invoice%202.jpg


Do these work? Thanks for your patience, I'm hopeless at this sort of stuff


Also, if I use the template letter to point out their lack of compliance, do I or do I not inform them who was driving? They are trying to pin a traffic offence on me even though they have no idea who the driver was.

Redx

yes they do , and yes we noticed , lol

notice they say MAY , MAY issue debt recovery , MAY issue court proceedings

this is true, they MAY well do those things, one or both

I would reply with a debt denied type letter and tell them that any future correspondence needs to be in line with official LBC protocols or it will be ignored

note

this whole topic is about money

as soon as they took photos of the car they had 6 years to try to enforce and alleged debt from that point on , they still do , the rest is smoke and mirrors , a sideshow, nothing to do with parking

in simple terms, they have found a way to try to make people cough up cash, they do so under the guise of parking enforcement, they issue speculative invoices, threatening letters, and could (could) try court under the small claims track which has been going since 1973

that is what this is, nothing more, just a money making sc@m which parking prankster regularly blogs about on his blog site (for RHA , JLA , and other airports like Luton , Birmingham etc)

Giant_Hogweed

Do I tell them the details of the driver or not?

Redx

Mick_Rog wrote: »

Do I tell them the details of the driver or not?

only if you wanted to "dob" the driver in and absolve the RK of the invoice

ie:- if the driver was a different person and the RK doesnt want the hassle, then they can name the driver with a suitable address and then VCS can chase the driver instead of the RK

if they were one and the same, all that this would do is remove POFA2012 and hand the case to VCS on a plate for 6 years, where they can hassle the driver or take them to court

so if the driver is different and you want them to take the rap instead of you, then yes you name the driver, alternatively the drivers details are kept secret if the RK does not want the driver to be named and shamed to VCS , in which case NO

Giant_Hogweed

Thanks RedX, its a no then. They can keep chasing me, I'm the RK and that's all they know so far, (although I am tempted to give them my brother in laws name and address as he was driving, he lives in the Phillipines so they may just drop the case as he isn't likely to be coming back at any time and they're hardly likely to chase him up there).

Giant_Hogweed

Sorry for the constant request for advice, but shall I send them a slightly amended version of this? I'm still not sure if what I've received is a LBCCC or just a threat of receiving a LBCCC.


Dear Sir/Madam

VCS v ******** ********
Proposed Legal Proceedings


Thank you for your letter of [insert date].

The alleged debt is disputed and any court proceedings will be vigorously defended.

This letter is not fully compliant with the Practice Direction, it is in fact woefully defective and appears to be a deliberate attempt to mislead the recipient.

Please therefore 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

I confirm that I shall then seek advice and submit a formal Response within 30 days of receipt, as required by the Practice Direction.

Please ensure that someone does actually read and respond to this letter, providing the specific information relating to the county court claim that your client intends to make against myself as the defendant to the proposed legal proceedings. Please DO NOT send a generic FAQ letter in reply as to do so does not meet the requirements of the Practice Direction and will take this matter no further forward.

Please note, a 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.



Yours faithfully

PRINT NAME (sign with a squiggle.)


Thoughts please? I did copy and amend it from one of the links related to this topic. And shall I post or will e mail suffice?

Giant_Hogweed

18-08-15

Dear Sir/Madam

VCS v ******* ********
Ref. VC**********
Proposed Legal Proceedings


Thank you for your letter of 13-08-15.

Firstly, this letter did not arrive within the 28 to 35 day time window stated on your automated reply to my initial letter concerning this matter, it did in fact arrive 68 days later, this I believe is already a breach of any ‘contract’ you think you may have with me.

The alleged debt is disputed and any court proceedings will be vigorously defended.

This letter is not fully compliant with the Practice Direction, it is in fact woefully defective and appears to be a deliberate attempt to mislead the recipient.

Please therefore 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

I confirm that I shall then seek advice and submit a formal Response within 30 days of receipt, as required by the Practice Direction.

Please ensure that someone does actually read and respond to this letter, providing the specific information relating to the county court claim that your client intends to make against myself as the defendant to the proposed legal proceedings. Please DO NOT send a generic FAQ letter in reply as to do so does not meet the requirements of the Practice Direction and will take this matter no further forward.

Please note, a 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.



Yours faithfully

M. Rogerson




Any further suggestions or advice before I print and post this would be massively appreciated. Thanks.

hoohoo

I think it is worth adding something on this lines of.

The practice directions require us to attempt to narrow the issues before court proceedings. Although I can only fully do this once you have stated the basis of your claim, I can confirm that I was not the driver on the date in question, and that the driver is not resident in this country. As keeper liability does not apply in this case, you have no cause of action against me.


Oh - and PS- your letter is referring to the old practice directions which changed in April.
There is no longer an Annex A para 2
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

Now you probably need to exchange information to satisfy the objectives in para 3.

My advice would be to ask
1) Copies of any alleged contract (eg signage)
2) Information on how the contract was deemed accepted - if by performance then signage maps
3) If the charge is for breach of contract, trespass or contractual charge
4) If they are using POFA 2012 to establish keeper liability

You might also refer them to Excel v Brunt where they incurred costs for failing to provide this information.