Letter Before Claim - Gladstones advice

CCG___87

Hi,

I've been reading through a lot of threads about this, and im still unclear of what i should do next, so if someone could advise me it would be greatly appreciated.

Basically, i got two parking fines at my flat for having an out of date permit (which i wasn't aware was out of date, and had no reminders or emails that my permit was about to, or had ran out.) The new permit was actually sent to my housemate's email address and not directly to me which went into his junk, so i never knew it existed.

The third 'fine' was for parking in a different bay, but this was because someone had parked in my allocated bay. This happens regularly as it's also a pay an display car park but it isn't clearly marked which bays are private (like mine)

I ignored all the letters as I've had them previously and nothing came of it. However i have just received the below letter and not sure if i should respond or still ignore? Would be very grateful if someone could advise on what to do next

http:// s16.postimg.org/ul4u8iu6d/thumbnail_IMG_3831.jpg (remove spaces after http)

Thank you in advance.

System

Send a part 18 request in response. You need to know what contract if any SIP has. At the same time get onto the Managing Agents to get these sorted. And press them to sort it.

CCG___87

Thanks for the quick reply. Sorry to sound stupid but do you have any examples of how i would word a part 18 request?

I've been reading through the sticky thread and from what i gather i have to reply to them to say that their initial letter doesnt comply with the Practice Direction and give reasons why?

It says to look at 'The Practice Direction on Pre-action Conduct, Annex A Para 2' however when looking at the actual PD, i cant actually see this paragraph 2 justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#3.1[/url]

Again sorry if there's a quick answer to this but i just want to get it right before i send anything back to them. Appreciate the help

Fruitcake

CCG___87 wrote: »

Hi,

I've been reading through a lot of threads about this, and im still unclear of what i should do next, so if someone could advise me it would be greatly appreciated.

Basically, i got two parking fines at my flat for having an out of date permit (which i wasn't aware was out of date, and had no reminders or emails that my permit was about to, or had ran out.) The new permit was actually sent to my housemate's email address and not directly to me which went into his junk, so i never knew it existed.

The third 'fine' was for parking in a different bay, but this was because someone had parked in my allocated bay. This happens regularly as it's also a pay an display car park but it isn't clearly marked which bays are private (like mine)

I ignored all the letters as I've had them previously and nothing came of it. However i have just received the below letter and not sure if i should respond or still ignore? Would be very grateful if someone could advise on what to do next

http:// s16.postimg.org/ul4u8iu6d/thumbnail_IMG_3831.jpg (remove spaces after http)

Thank you in advance.

http://s16.postimg.org/ul4u8iu6d/thumbnail_IMG_3831.jpg

CCG___87

IamEmanresu wrote: »

Send a part 18 request in response. You need to know what contract if any SIP has. At the same time get onto the Managing Agents to get these sorted. And press them to sort it.

So ive written a first draft reply from reading through numerous threads and people's comments. Does this sound ok? Is there anything else i need to add? Thanks again!

"I am writing to acknowledge receipt of the following letter –

Letter Before Claim dated

---

You referred me to the Practice Direction for Pre-Action conduct in your letter and I have read through this thoroughly to understand what your letter was about. After reading, I am concerned that your letter to me was not in full compliance with the Practice Direction.

Personally I don’t think it is right that such a threatening letter, demanding money and threatening court action is sent out, with no actual summary of facts. Not only that but it worries me that myself, a person with no legal training or representation has to explain what the PD requires from you. As far as I am aware, I could be being the victim of a scam.

With this in mind, I would like to request that you send me a new letter that is fully compliant with the Practice Direction. I have attached an extract below which deals with the requirements for a claimants letter before claim.

From Para 4 of the PD I can see that the court has the power to apply sanctions for non compliance with the Practice Direction and so I expect to receive a fully compliant letter within the next 14 days. If I do not receive this letter I will seek assistance from the court myself.

As stated earlier, i am a person with no legal training or representation and therefore i would like a reply which specifically relates to this letter. If I receive a generic, template letter which again would say to me that this is a scam, then I will forward this matter to the Solicitors Regulation Authority and ask them to investigate your company over the breach of the principles set out in the SRA handbook version 8.

The_Deep

Copy the correspondence to Duncan Allen at the SRA now. They are already being investigated for bad behaviour.


http://www.sra.org.uk/consumers/problems/report-solicitor.page

beamerguy

CCG___87 wrote: »

So ive written a first draft reply from reading through numerous threads and people's comments. Does this sound ok? Is there anything else i need to add? Thanks again!

"I am writing to acknowledge receipt of the following letter –

Letter Before Claim dated

---

You referred me to the Practice Direction for Pre-Action conduct in your letter and I have read through this thoroughly to understand what your letter was about. After reading, I am concerned that your letter to me was not in full compliance with the Practice Direction.

[STRIKE]Personally I don’t think it is right that such a threatening letter, demanding money and threatening court action is sent out, with no actual summary of facts. Not only that but it worries me that myself, a person with no legal training or representation has to explain what the PD requires from you. As far as I am aware, I could be being the victim of a scam. [/STRIKE]

I request that you only contact me with a letter that is fully compliant with the Practice Direction. I have attached an extract below which deals with the requirements for a claimants letter before claim.

From Para 4 of the PD I can see that the court has the power to apply sanctions for non compliance with the Practice Direction and so I expect to receive a fully compliant letter within the next 14 days. If I do not receive this letter I will seek assistance of the court myself.

To conclude, I would like a reply which specifically relates to this letter. If I receive a generic, template letter which again would say to me that this is a scam, then I will forward this matter to the Solicitors Regulation Authority and ask them to investigate your company over the breach of the principles set out in the SRA handbook version 8.

Suggest you do not say anything about no legal training, let them assume you are receiving advice

CCG___87

The_Deep wrote: »

Copy the correspondence to Duncan Allen at the SRA now. They are already being investigated for bad behaviour.

Cheers. So do you think i should report it now? And then say in my acknowledgement letter that i have already reported them?

Also do you know where i can see that they're being investigated? would it help to put examples in my letter? Going to send it in a few days so want to make sure its as good as can be! Thanks for the help