Wright Hassall Solicitors

Mr_Goodwin

Right then, what's the next step? Where can I find the next template letter or should I hang back and wait?


Dear Mr *******



Our Reference: *******

OurClient: ZZPS Limited



We write in reference to your recent correspondence, thecontents of which have been duly noted.



In an effort to answer the questions you raise and addressyour queries we have prepared a comprehensive information sheet which weenclose. This will provide you with all of the necessary information inrelation to the unpaid Parking Charge Notice/s (PCN/s), including how toresolve the issue.



I note that your correspondence advises that you may referthe matter to the Solicitors Regulation Authority (SRA). We have made theSRA aware of disputes and complaints of this nature.



It does appear that an increasing number of motoristsreceive misguided and often misleading advice from online forums who claimparking charges are ‘unfair’ and ‘illegal’. Should you chose to rely on thisadvice or use template letters sourced from the internet we will not respondfurther and you can consider this letter our final response on the matter.Further should you choose to rely on a template defence at court we will seekan immediate strike out.



We will place a 7 day hold on this matter to allow you timeto make payment in full or alternatively provide documentary evidence tosubstantiate non-payment of the PCN. Should payment in full or evidence not bereceived the hold will be removed and the matter will be passed to theLitigation Team to review the case with a view to issuing a claim and obtainingjudgment.



Please see below our payment methods for your convenience:



Online:

Debit/Credit Card: Call 01926 758101



Unless you provide additional information you have notalready brought to our attention, or your query has not been answered in theenclosed information sheet, any further correspondence will be noted and filedbut we will not respond except where you have provided new evidence tosubstantiate your claim.



Yours sincerely



WrightHassall

For and on Behalf of

Wright Hassall Solicitors










From: ***********
Sent: 16 September 2015 19:26
To: Debt Support
Subject: Re: PCN No. *******



Mr. ********

************

**************

**********

***********

Dear sirs

Your client: ZZPS Limited

Parking Charge Number *************

I have recently been advised (16/09/2015) by your client that you are nowdealing with my outstanding parking charge notice.

Please note; this is an open letter and I reserve the right to produce it tothe court at the appropriate time, should the need arise.

Firstly, I do not accept liability for the above parking charge and I have nointention of paying the money demanded by your client. Specifically, I do notaccept that the charge demanded is in any way shape or form a genuinepre-estimate of loss. Further, I do not believe that your client has legalstanding to pursue an action against me in its own name, since any loss (whichis denied) would be the landholder's in any event. I am sure that you will haveadvised your client as to the recent cases in which parking companies have hadsimilar claims dismissed owing to having no locus to bring a claim. For theabove reasons, any court proceedings in connection with this matter will bevigorously defended.

Second, should it be your client's intention to start court proceedings, youmust first provide a Letter Before Claim which complies with the requirementsof Annex A Para 2 of the Practice Direction on Pre-action Conduct. Your letterclearly does not meet those requirements.


Please note: Notwithstanding the fact that any decision of POPLA is legallybinding on the parking company, and not the motorist, in the spirit ofexploring an amicable resolution of this dispute, I am willing to give anundertaking to be bound by the decision of POPLA, thus ensuring that this casewill not proceed to court.

A referral to POPLA will avoid your client incurring the fees and expenses, andperhaps more importantly will reduce the burden on the court (which, as youwill be aware, is the reason for this direction). Please do not seek to rely onany deadlines imposed by your client as POPLA has confirmed that it does notimpose any time limit on an appeal to POPLA, and all that is required is foryour client to issue a POPLA code.

I would also remind you that a failure and/or refusal by your client to agreeto my offer of both parties abiding by a POPLA decision would be clear evidenceof your client's failure to mitigate its alleged loss.

Should your client reject my offer to refer this dispute to ADR and insteadchooses to instruct you to issue court proceedings, I shall invite the court tostay the case and make an order referring the case to POPLA. Further I shallstrenuously resist any application for costs that your client may wish to make,owing to its failure to mitigate, and shall instead make an application for myown wasted costs according to the provisions of Schedule 4 of the PracticeDirection and CPR 27.14.

In the meantime, and in the absence of a compliant Letter Before Claim, youshould place a note on your file to the effect that this charge is disputed andyour firm is required to cease and desist all further contact with me. For theavoidance of doubt.

Finally, please also note that should your firm issue court proceedings onbehalf of your client, without first complying with all steps set out in thePractice Direction on pre-action conduct, I shall make an immediate complaintto the Solicitors Regulation Authority for breach of the Principles containedin the SRA Handbook version 8, published on 1st October 2013.

I trust that I have made myself clear, and I suggest that you take yourclient's further instructions.

Yours faithfully

pogofish

Is this a different ticket to your other thread?

Mr_Goodwin

Didn't realise I'd oppened another thread...

Mr_Goodwin

Found it, sorry. I'll re-post in there.