I've missed the LBC deadline by a few days!

smiledotcom

Have been signed off work with stress by GP for past month...

In this time received a LBC from SCS Law, dated 7 Nov, for parking fines issued by CP Plus.

Have just realised tonight that I have missed the 14-day deadline for a response:(

Am I too late to do anything about this now? Could I ask them to take my recent stress into mitigation and extend the response date?

Or do I just have to await the court hearing and try and defend myself then?

Thanks in advance,

Coupon-mad

Of course you can respond now. Just make sure you DO NOT say who was driving because CP Plus can't hold keepers liable. Make sure you tell them that you know that.

smiledotcom

So I should just ignore the fact that I've missed the 14-day deadline then and reply to SCS Law as if I was within the time limit?

Do I even need to mention my recent stress as being my reason for delayed response?

Thanks,

smiledotcom

I have actually recently won a POPLA appeal against CP Plus - on the basis that the driver was never identified.

Would it be rubbing salt into the wound to mention that?

The recent LBC letter relates to fines that are VERY old, and I'm wondering if CP Plus have put SCS Law on to me because they are perhaps smarting from their recent POPLA "failure" with me

Coupon-mad

Do I even need to mention my recent stress as being my reason for delayed response?

NO.

Nothing about excuses, no information that makes you look vulnerable/a pushover.

The thread next to yours right now has an example LBCCC response and links to show more. I'm not saying which thread as I think people need to read more other threads to learn more to help their situation, especially the front page of threads every time you come back...

I wouldn't mention the other case. Just respond about this one. Expect court papers but expect to win, by reading the forum and seeing how these claims can be seen off. A bit like POPLA - only more worrying - but with a winning outcome likely.

smiledotcom

The LBC letter that I received from SCS Law instructs me "if I want to avoid the steps outlined by them being taken" to contact Debtrecoveryplus in order to "clear my balance".

I want, as per Coupon-mad's advice, to respond to this letter even though I am 5 days outside of the 14-day response time, but who do i respond to?

SCS Law (they have not given any email address in their correspondence) or to Debtrecoveryplus?

I'm guessing I will need to write to SCS Law, rather than to phone/web-address Debtrecoveryplus but I'd be grateful if someone could confirm who it is I need to respond to to dispute the LBC.

I am going to respond this btw:

Dear Sir

Ref : xxx

I have received your Letter Before Claim dated XXth XXXXXXX 2016.

I deny any debt to Civil Enforcement Ltd

The driver is not identified in your letter and your client has failed to meet the requirements of The Protection of Freedoms Act to pursue me as keeper.

You also cannot presume that I possess all the documents referred to in your letter.
Please send me copies of all the documents sent by the client including the windscreen notice if one was attached to the vehicle.

When these are supplied, please also confirm whether the intended action is founded on a contractual charge, a breach of a contract or trespass.
Please confirm that your client's contract with the land-holder includes specific authority to take legal action and that this will be produced for the court.

When I receive the documents and your explanations I will be in a position to make a more detailed response
It would be unreasonable to proceed with litigation before you have clarified your client's cause of action.

I look forward to your response

Yours Faithfully

Coupon-mad

Write to SCS Law.