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

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  • System
    System Posts: 178,348 Community Admin
    10,000 Posts Photogenic Name Dropper
    edited 2 November 2015 at 7:48AM
    This is a pre-Letter Before Action. Why not straight to a LBA?

    And why a solicitor would bother with such nonsense is unclear unless this was really sent out by UKPC themselves on SCS paperwork.

    If you are genuinely worried and losing sleep, for this amount of money go and see a Solicitor. Most have a Free 30 minute consultation. This will take 5.

    Looking forward to the next installment.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Dack wrote: »


    Live link for you
    Dack


    Thankyou for doing that. appreciate it
  • This is a pre-Letter Before Action. Why not straight to a LBA?

    And why a solicitor would bother with such nonsense is unclear unless this was really sent out by UKPC themselves on SCS paperwork.

    If you are genuinely worried and losing sleep, for this amount of money go and see a Solicitor. Most have a Free 30 minute consultation. This will take 5.

    Looking forward to the next installment.


    Thanks you IaEmanresu


    Your comment "And why a solicitor would bother with such nonsense is unclear unless this was really sent out by UKPC themselves on SCS paperwork. "



    Are you referring to the letter with the I uploaded from SCS or that with the title head from UKPC head office?


    I went to CAB and also called The law society who gave me a whole list of local solicitors in my area. I called a dozen of them but was very disappointed. The main point was that it will cost you more to defend it and in any case if you don't lose, you wont be able to claim back solicitors fees in a small claims county court. I did ask about 30 minute free consultation but many of them, after hearing my story, seemed un-interested.


    Im really feeling that I have no support and in court, I may just crumble.
  • System
    System Posts: 178,348 Community Admin
    10,000 Posts Photogenic Name Dropper
    I may just crumble.

    Always your choice.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Herzlos
    Herzlos Posts: 15,889 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If you're going to crumble, you may as well wait and see if it goes to an actual court - it won't cost you any more.

    But with that kind of money at stake I'd be defending it if it ever got there.
  • HO87
    HO87 Posts: 4,296 Forumite
    It is unlikely that SCS/UKPC will issue proceedings immediately at the end of the arbitrary time limit imposed by this so called LBA. It is, after all, the bare minimum period set out in the practice direction for "straightforward" cases. The number of alleged instances in this case make it far from straightforward.

    A robust response to the LBA is, in my opinion, the way to go here but seeing as we have already tripped over one deadline another couple of days - to see what Wednesday brings us - will cause no additional harm.

    We should all keep in mind that UKPC are currently banned from DVLA access but need to keep the coffers bulging. Multiple ticket cases are low-hanging fruit and are an obvious source of additional income in these straitened times.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • Quentin
    Quentin Posts: 40,405 Forumite
    Herzlos wrote: »
    If you're going to crumble, you may as well wait and see if it goes to an actual court - it won't cost you any more....
    .
    No.


    Waiting to see if they take it to court then paying will cost considerably more!


    You then will have to pay all the court fees they have incurred (£520) plus any allowable costs and expenses on top of the amount awarded.


    (If you want to just wait and see if they do issue a court claim and decide to pay them at that point, then the fee for issuing (min £185) would have to be paid on top of their claim)
  • HO87
    HO87 Posts: 4,296 Forumite
    Quentin wrote: »
    No.

    Waiting to see if they take it to court then paying will cost considerably more!

    You then will have to pay all the court fees they have incurred (£520) plus any allowable costs and expenses on top of the amount awarded.

    (If you want to just wait and see if they do issue a court claim and decide to pay them at that point, then the fee for issuing (min £185) would have to be paid on top of their claim)
    Only if it proceeds to a hearing and the OP loses will they have to pay those sums. There is absolutely nothing to prevent a negotiation of a settlement at reduced rates although the further things move along the less the reduction is likely to be.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • System
    System Posts: 178,348 Community Admin
    10,000 Posts Photogenic Name Dropper
    Most the PCNs are for "not parked correctly within the markings of the bay or space".

    This appears to be the cause of action. The OP has not even said if they had rights to use the space, were in their own space, if the car park was marked or even if they had contacted the Managing Agents about this.

    He may appear to be a headless chicken but there seems to be lots of noise and little action.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 2 November 2015 at 3:51PM
    HO87 wrote: »
    Only if it proceeds to a hearing and the OP loses will they have to pay those sums. .
    You are so right.


    However I was just correcting the wrong info given in #36, not suggesting anything else!

    The OP is talking of crumbling and paying. If he decides to "crumble" it will cost him less to pay now than it will if a court case ensues!
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