Letter before claim

Sains92

Hi, from the 7/3/2015 to 12/6/2015 I received 5 parking notices on private land saying I had to pay however much. I ignored these and then also ignored the debt recovery plus letters as informed to do so on these forums. However I have now received a letter before claim form gladstones solicitors demanding payment or they will start proceedings against me. What is my next best step please? They have given me 14 days as of the 22nd of December but I have been put of the country until today.

Redx

use the forum search and the search word GLADSTONES and follow the same recent advice over the last 6 months to all the other similar claims , you are not the first and wont be the last either (so follow the same path as all the others before you)

Coupon-mad

Search in particular for 'LBCCC' to see how to respond, even late. Everyone asks the same thing, but this is already all over the forum. Do show us first, what you intend to send. And tell us which parking firm.

Sains92

Dear Sir

Ref : ****

I have received your Letter Before Claim dated 1st September 2016.

I deny any debt to Park Direct UK 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.
I also require an explanation for the additional £50 charge including confirmation that it has already been invoiced and paid.

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


This Is the response used in that thread from gan, this would be ok to use as my first letter of response once I edit the minor details?

Sains92

Also the parking firm is parking control management (U.K.) limited

pappa_golf

I deny any debt to Park Direct UK Ltd

Also the parking firm is parking control management (U.K.) limited

Sains92

Yes and as I said that is a response someone else used and I would change the minor details...

Coupon-mad

That would be OK then, as long as you change it to 'PCM'. I would expect to be defending a claim thought as this won't make it go away. Looks more reasonable to respond though.

Is this a residential car park where the driver was allowed to park, by a resident?

Sains92

Dear Sir

Ref :

I have received your Letter Before Claim dated 22nd December 2016.
Due to the many bank holidays over the christmas period and the delay in mail due to this busy period and also the fact i have been out of the country until 9th January 2017
I remind you of your obligation and duty in this matter to comply with Civil Procedures and Pre-Action conduct and Protocols and that due to the delayed receipt of this letter, any attempt to proceed without complying will be raised in any subsequent defence.

I deny any debt to Parking Control Management (UK) Limited

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.
I also require an explanation for the additional £50 charge including confirmation that it has already been invoiced and paid.

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


this is my edited response i will use if you think this is ok?
it was a parking space for a place where i used to work. everyone parked there and they only gave out a certain number of permits to the managers. i was not given a permit.
i will be going back to have a good look at the signage and visibility of them and the wording on the signs so i can attempt to start my defence.
is there anything more you feel i should put in this first response that could help me?

Sains92

Dear Sir

Ref :

I have received your Letter Before Claim dated 22nd December 2016.
Due to the many bank holidays over the christmas period and the delay in mail due to this busy period and also the fact i have been out of the country until 9th January 2017
I remind you of your obligation and duty in this matter to comply with Civil Procedures and Pre-Action conduct and Protocols and that due to the delayed receipt of this letter, any attempt to proceed without complying will be raised in any subsequent defence.

I deny any debt to Parking Control Management (UK) Limited

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.
I also require an explanation for the additional £50 charge including confirmation that it has already been invoiced and paid.

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


this is my edited response i will use if you think this is ok?
it was a parking space for a place where i used to work. everyone parked there and they only gave out a certain number of permits to the managers. i was not given a permit.
i will be going back to have a good look at the signage and visibility of them and the wording on the signs so i can attempt to start my defence.
is there anything more you feel i should put in this first response that could help me?

Sains92

I also add that parking charge notices should be given as a pre estimated loss of earnings. you will need to provide me with proof of any loss of earnings from the dates which you have supplied the car/cars in question where parked there and provide me with the information as to why each parking charge notice is £150

i have also added this in, what do you think?