Formal Letter Of Claim - Wright Hassall solictor

Richeyrich86

Hi i was wondering if someone could give me a bit of help i have read through the threads and am not sure on my next plan of action should be am sorry if this should be submitted somewhere else.

I received a letter of CP Plus for a PCN a while back asking for 100 odd pound for a being over my 30 min free stay on Two saints car park Ormskirk, it didn't specify how long i was over but it couldn't have been much, after doing some research i found out i should have received a first letter with a reduced amount on i stupidly decided to ignore the letters instead of appealing hoping they would go away, and now have received a second letter from Wright Hassall Formal Letter Of Claim threatening to take me to county court if i dont repay £186 within 14 day, am just wondering what the best plan of acting is carry on ignoring or try and appeal?

Thanks
Richard

pappa_golf

yes the letter will be from WH , which department the solicitor's or the debt collection section?


(clue might be in the phone number)


does it actually say THEY will instigate court charges or they will recommend that "xxx" should start them?


read carefully


also read:
newbies thread : https://forums.moneysavingexpert.com/discussion/4816822


and one about debt collectors:
https://forums.moneysavingexpert.com/discussion/5035663




also type Wright Hassall into the search box and read about this one great company that has now lowered itself to a "pen for hire" service

Umkomaas

Couldn't ask for better timing of this thread, coinciding with the mass distribution of POPLA leftovers letters from WH. What better evidence of the fact that WH are batting for the other side!

pappa_golf

Write hastle are NOT debt collectors , according to the BPA

beamerguy

pappa_golf wrote: »

Write hastle are NOT debt collectors , according to the BPA

Dream on BPA, your nightmares will soon follow

Coupon-mad

Richeyrich86 wrote: »

Hi i was wondering if someone could give me a bit of help i have read through the threads and am not sure on my next plan of action should be am sorry if this should be submitted somewhere else.

I received a letter of CP Plus for a PCN a while back asking for 100 odd pound for a being over my 30 min free stay on Two saints car park Ormskirk, it didn't specify how long i was over but it couldn't have been much, after doing some research i found out i should have received a first letter with a reduced amount on i stupidly decided to ignore the letters instead of appealing hoping they would go away, and now have received a second letter from Wright Hassall Formal Letter Of Claim threatening to take me to county court if i dont repay £186 within 14 day, am just wondering what the best plan of acting is carry on ignoring or try and appeal?

Thanks
Richard

As it is headed 'Formal Letter Of Claim' you need to respond robustly. Something like this (below) because as keeper, you CANNOT be held liable by CP Plus.

Obviously you have to set it out as a formal letter with your name and postal address too (same as appears on their letter addressed to you as keeper of the car). Get proof of posting from the local PO counter:




Dear Sirs,

Re: CP Plus 'PCN' Ref ****

I am writing in response to your Letter of Claim dated */*/16.

Your letter fails to disclose any cause of action and provides no explanation other than it concerns a piece of conduct by an unidentified driver months ago. I also see that it concerns CP Plus, who do not use the keeper liability provisions of Schedule 4 of the POFA 2012.

It is a fact that, for at least two years, CP Plus have dispensed from using any attempt at a POFA-compliant Notice to Keeper letter. They are a parking operator which chooses only to hold a driver liable. They cannot hold me liable as the registered keeper, therefore I cannot agree to make any payment to Wright Hassall or your client. I am the registered keeper of that vehicle but am in no position (nor am I required) to assist your client with identifying the driver with whom they allege they formed a contract.

Nor can they reasonably assume a keeper was the driver on private land. To save Wright Hassall from wasting time on a misleading reply in this regard, I will state now that it is clear that the case of Elliott v Loake [1983] Crim LR 36 is a criminal law matter which is not comparable to this situation, was not about parking or contract law and absolutely does not apply. It also turned on clear and substantial evidence - not any assumption - about who was driving.

Under the circumstances it will also be entirely unreasonable and a failure to follow the Practice Direction for Pre-action Conduct and Protocols as well as a flagrant disregard for the POFA 2012, should you proceed with your threatened legal action. If so, I will have no hesitation in reporting Wright Hassall to the SRA.

I will rely upon the POFA in any defence and I will seek my costs from this moment on, at the litigant in person rate of £19 per hour.

If your client persists in pursuing myself as registered keeper I will of course require a copy of the original Notice to Keeper (PCN) upon which they seek to rely. I am certain that, after scrutinising it for two minutes you will agree that it is indisputably not POFA compliant, as I found when deciding it was not worthy of a response, in 2015.

As your firm is under public scrutiny regarding private parking ticket matters since you were given the 'stayed' cases POPLA contract, I expect Wright Hassall Solicitors to be fully conversant with Schedule 4 and the concept of what the DVLA term a 'non-POFA' document, incapable of keeper liability. Please confirm the charge is hereby cancelled as any claim from CP Plus has no prospects of success against a registered keeper in a case where the driver has never been established.

Yours Faithfully

beamerguy

WRIGHT HASSALL
http://parking-prankster.blogspot.co.uk/2016_04_01_archive.html

Umkomaas

beamerguy wrote: »

WRIGHT HASSALL
http://parking-prankster.blogspot.co.uk/2016_04_01_archive.html

But this isn't a 'leftover' POPLA case where WH are assessing appeals - this is a threat of court action with WH acting for the PPC against the OP.

The PP blog may be of background interest but is not specifically germane to this case.

A bit misleading and could send the OP down a blind alley.

pappa_golf

I would like to see a scan of the letter


OP please could you remove your personal details , and post it on tinipics etc , as a new user you will not be able to post links so change the start of the link from HTTP to HXXP,


lets see IF it is a genuine letter before claim or a begging letter

beamerguy

Umkomaas wrote: »

But this isn't a 'leftover' POPLA case where WH are assessing appeals - this is a threat of court action with WH acting for the PPC against the OP.

The PP blog may be of background interest but is not specifically germane to this case.

A bit misleading and could send the OP down a blind alley.

Prankster blog dated Monday, 11 April 2016

Umkomaas

beamerguy wrote: »

Prankster blog dated Monday, 11 April 2016

In what context?