Desp[erate appeal please help: small claims soliciotr LBA dedline expired

aworrieddriver

Redx wrote: »

an LBC stage is where the defendant (you) try to either make sense of any demands and try to resolve it before any court stage , you have to be seen by the court as having tried to resolve it and keep it out of court (the SCC)

this could be by ADR , or by some other means (hence parking pranksters october blog about ADR)

if you are in dispute (like you are), then you are expected to dispute it at the LBC stage , like you are trying to do, it may not get you anywhere but as long as its at an LBC stage you keep it going, which 4cr said she had done with others

these LBC stages are laid down in various court rules and the claimant should follow them or not do so at their peril if it went to court

hence if you are getting free help from 4cr you should be taking it, but you seem to be posting instead of doing so, as if you have dismissed that offer

I would have stopped posting and done exactly what 4cr told you to do

you seem to be prolonging it, despite many people having read the thread, told you its too complicated and that you need help from somebody more experienced , which you mentioned in the opening post

the process you are going through and have done already was correct, but you still need better guidance and that should be done off the forum, like it was in the Beavis case - if you cannot see that then there is little hope

but umkomaas is also correct that it could be a case of put up or shut up, in which case its either pay or only deal with a court case, like Beavis did

Dear RedX


Many Many thanks


Im sorry if you think Im not taking 4CR offer.


Im going to welcome it with both arms open


I tried to send a PM to 4cr but it was full and couldnt take anymore messages


I will get in try and call them tomorrow.


Again many thanks for clarifying


may i be cheeky and ask if your in the legal profession or not?

Redx

yes you can ask, no I am not, neither are the vast majority who have responded (this is not a legal forum)

I cannot say how I would have responded, I have no experience , but I would have tried to see if I thought it was a DRP letter (or ZZPS or any other debt collector , or even WRIGHT HASSELL or Rossendales etc) , like you are told in the NEWBIES thread and the LBCCC thread , or if it was a real solicitors letter (and so not from a debt collector) and then tried to act accordingly

4cr tried to determine this when she skim read the thread, but a vital part of the letter was missing

I wont be reading any of your letters or formulating an opinion on what I would do, or what you should do, that is your job , unless you pass the baton to somebody else

we try to point people like yourself at the latest info, after that its down to you , you have decided to treat the letter as an LBC and tried to respond in that manner, nothing wrong with that as such

people like 4cr , CM and others keep their inboxes full to stop unsolicited pm,s , I actively block pm,s as well, because when we choose to reply it doesnt mean we will take that persons case onboard

I am sure that Martin Lewis does the same, otherwise he wouldnt have time for anything else in his life

4cr gave you an alternative to the pm system in her reply , please try it (you were asked to email them copies of the paperwork, not phone them , and not pm her either , so try to do what you are asked, not something different)

I would be quite happy to take your case out of the glare of the forum and you can email copies of the letters via the BMPA - which will guarantee your private details will remain just that.

Please note that this is Not touting for business - although you can contact me directly that way if you wish.

http://www.bmpa.eu/

aworrieddriver

Redx wrote: »

yes you can ask, no I am not, neither are the vast majority who have responded (this is not a legal forum)

I cannot say how I would have responded, I have no experience , but I would have tried to see if I thought it was a DRP letter (or ZZPS or any other debt collector , or even WRIGHT HASSELL or Rossendales etc) , like you are told in the NEWBIES thread and the LBCCC thread , or if it was a real solicitors letter (and so not from a debt collector) and then tried to act accordingly

4cr tried to determine this when she skim read the thread, but a vital part of the letter was missing

I wont be reading any of your letters or formulating an opinion on what I would do, or what you should do, that is your job , unless you pass the baton to somebody else

we try to point people like yourself at the latest info, after that its down to you , you have decided to treat the letter as an LBC and tried to respond in that manner, nothing wrong with that as such

people like 4cr , CM and others keep their inboxes full to stop unsolicited pm,s , I actively block pm,s as well, because when we choose to reply it doesnt mean we will take that persons case onboard

I am sure that Martin Lewis does the same, otherwise he wouldnt have time for anything else in his life

4cr gave you an alternative to the pm system in her reply , please try it (you were asked to email them copies of the paperwork, not phone them , and not pm her either , so try to do what you are asked, not something different)

RedX


I express my gratitude to yourself and Thankyou for being so patient and not loosing your temper with me, a true test of character


Im going to email 4cr and take it on from there


I hope you never think of leaving these for a as its the goodwill of people such as yourself that ultimately works in the benefit of the consumers.


I salute you and say thank you


If I am successful then I thank this forum for the advice.


If I am unsuccessful, then I have learnt a lesson in life.


regards


AWD

aworrieddriver

4consumerrights wrote: »

I would be quite happy to take your case out of the glare of the forum and you can email copies of the letters via the BMPA - which will guarantee your private details will remain just that.

Thanks 4CR


did you mean that when I email you the letters, I should remove my personal details from the letters or not? Im happy either way


thanks

Coupon-mad

aworrieddriver wrote: »

I would be interested in CMs response, as CM very kindly advised to wait for beavis, and I did, then advised robust reply to SCS ( treat as LBA). Where have i gone wrong?

You haven't. Obviously we were hoping for a more consumer-focussed judgment from the Supreme Court but apart from Lord Toulson they all bent over backwards to somehow decide that an average consumer who could have parked elsewhere for £1.50, 'would have' agreed to pay £85 there if there had been contract negotiations in advance. Yeah...right...an astonishing leap of convoluted judgment.

The robust reply suggested as an option, wasn't a magic wand to make it go away. It was to show them you are not a pushover and it looks more open and honest if they do try court, that you have reasonably responded. It does not hurt to respond as you did even though that was only a debt collector letter.

That's it, you responded, that's not a bad thing. There is a possibility they may try court but they may not. Don't enter into protracted correspondence. Relax, get BMPA advice (a charity, not a company).

aworrieddriver

Dear All

Many many thanks for all the help and advice I got from the for a, especially those who recommended BMPA to me, as I couldn't have succeeded without that route which then led to my case being handled by such a professional excellent team.

They know who they are

Anyhow, we won and its was a success


Successfully defended a £4000 claim against UKPC in a private residential car park where I live

Details of the case are provided on this link

http://parking-prankster.blogspot.co.uk/2016/05/ukpc-caught-apparently-doctoring.html

hoohoo

Congratulations to you and the people who know who they were.

I think if the photos really were doctored by UKPC, then the BPA would be VERY interested.

Contact aos@britishparking.co.uk

Probably the BBC would as well, as they previously reported on UKPC.
And of course The Prankster.

Redx

given the amount of advice given by myself , coupon-mad and many others in this case I am glad that you finally got justice in the courts and that it went to the BMPA to assist you and to help you to win this outrageous demand

they need to stop chasing residents etc because they are employed to keep the foxes out of the hen house, not have chickens for dinner

it just goes to show what a disgrace this topic has become due to non-regulation and I hope the DCLG sort it out soon

again , congrats, a saga with a suitable and appropriate ending