Parking Charge Notice - Calder Park, Wakefield - Help

Coupon-mad

from what I have seen it doesn't say its difficult to issue a CCJ and can be issued if the claimant has issued you with a prior warning letter

Errrrmmmm...no.

A CCJ would only happen re a private parking charge if you:

- received court papers and ignored them, or

- defended but lost in court a few months later and then refused to pay when the Judge said you must.

Not going to happen, is it?! Although when you do move house, you do realise you MUST tell the parking firm the new address, for obvious reasons?

Guys_Dad

Coupon-mad wrote: »

Errrrmmmm...no.

A CCJ would only happen re a private parking charge if you:

- received court papers and ignored them, or

- defended but lost in court a few months later and then refused to pay when the Judge said you must.

Not going to happen, is it?! Although when you do move house, you do realise you MUST tell the parking firm the new address, for obvious reasons?

And set up mail forwarding.

shaftonred

Could someone please assist, I have looked at various posts and I am struggling here.


I am thinking of registering onto the BW Legal website and advising them of a dispute as the appeal to VCS wasn't adequately answered and that as the registered keeper of the vehicle I am disputing this charge and will defend myself in court.


Also seen on other threads is in reference to the signage and unreasonable numbers of words on them which would make it impossible to read them without stopping.


Thoughts on this please as the deadline is today?

Coupon-mad

You WILL get a claim - but these are winnable.

It concerns me that you seem to be bogged down at a 'nothing' stage of no importance. Reply, and get on with life.


EDIT 2020 - IF YOU ARE READING THIS OLD THREAD, STOP!

WE NOW HAVE A TEMPLATE DEFENCE AT THE TOP OF THE FORUM.

shaftonred

So it seems that after 10 months of hearing nothing from BW Legal that they have finally decided to reel off a Letter of Claim.

Is the Letter of Claim the same as a LBCC?


I have read the sticky section and some other posts to understand the best response to send but I am worried that I am getting lost in all the detail.

Within this Letter of Claim they have referred back to the incident which they are claiming for and detailed the estimated claim which has obviously increased with interest, court costs and solicitors fees. However within this letter they have failed to send the evidence of this claim (they have provided this before).. is this sufficient to write back and inform them that they havent provided the sufficient evidence required?


I have until next Wednesday to respond to this and a little confused as to the correct letter template/email to send back.




Any advice on this please?

Umkomaas

For a compliant LBC they need to follow the new Pre-Action Protocol for Debt Claims (PaP) and allow you 30 days to respond. Read the PaP and hit them hard and pull them apart with their omissions and deficiencies - all useful evidence for you to show should it get to court.

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

There's no prescribed tick-list which will confirm or otherwise whether what you have is or is not a formal LBC. But usual advice when receiving any communication from a solicitor is to treat it seriously.

Go to the NEWBIES FAQ sticky, post # 2 and read the Loadsofchildren123 and DanielSan's posts for how to respond to a LBC.

shaftonred

Thank you... they have allowed 30 days to respond, however since I have moved house the Royal Mail Redirection service took a little longer than expected.


Will check out the posts and see if I can make sense of it all before going back with my response.

Quentin

Clearly point out your new address for future correspondence in your response

If they keep using your old address there's a risk you get a default ccj against you without knowing about the claim

shaftonred

Ok so I have been looking at the other forums and about to write my response based a lot around what "Loadsofchildren123" wrote about.


However I have a few questions which I hope I can get some help with as everything i read seems to complicate the situation.


1) In my first ever response I requested information such as details of landowner, what the charge is based on, if its on an agreed fee etc which they failed to respond to in full as expected. They merely wrote back advising me that wasnt appropriate for them to respond to at this stage.... each letter clearly asks them to supply the said information from my original letter... would you add this to this latest response?


2) The amount of time which the car was stood according to the pictures was 30 seconds which they claimed was an unreasonable amount of time.. i responded telling them that this was extravagent and again that i contested this.
The pictures clearly state that the car was stopped at a road which wasnt completed as such due to the earth pile placed at the end of the road so in effect there was no obstruction or danger to anything else which they are claiming... I was considering advising that there wasnt any obstruction caused and that the sum demanded for stopping for 30 seconds is clearly ludricous... or should I leave this to bring up should it get to court?


3) In this latest letter they have provided information such as:
- Client Name
- Vehicle Reg
- Date of "Offence"
- Location of Incident including description
- Breakdown of claim amount


However they are still to provide all relevent information requested in the original email (only provided signage information)... so can I still refer and detail this in my latest letter?


Appreciate your help!!

shaftonred

Can anyone help with this as I need to respond by the end of today and I need to be sure that I am doing the right thing?