Gladstones Letter before Claim

System

late getting back to the car due to the little one needing a change of nappy

And confirm if the baby is under 6 months or not (Equality Act 2010)

maily

The_Deep wrote: »

The falsifying of timings i think will be incredibly difficult to prove i suspect,

Did they not fess?

Yeah near impossible to prove that they did, also how can they use a time stamped photo as solid proof when its so easy to manipulate?

mark.taylor wrote: »

Can you please put the picture of the sign board in the discussion board. Sometime the signboard can provide some clues. I won a case recently because the sign board was not consistent with the contract the parking operator had with the land owner.

Hi, I will try find a picture of this or go back to the site and get a picture and upload it.

IamEmanresu wrote: »

And confirm if the baby is under 6 months or not (Equality Act 2010)

Baby/Toddler was 1 year and 10 months at the time.

maily

Draft Copy Below, is it ok to e-mail correspondence or better to post it in the mail??

WITHOUT PREJUDICE
Dear Sir/Madame,

Ref : ****

I am in receipt of your letter dated 06/01/17 but delivered 17/01/17.

I deny any debt to your client Euro Parking Services Limited.
For the avoidance of doubt liability is denied in full. Should your client choose to start court action against me, the claim will be vigorously defended.
I note that you bring to my attention the Practice Direction for Pre-Action Conduct under the Civil Procedures Rule. I assume you mean Practice Direction for Pre-Action Conduct and Protocols under the Civil Procedures Rule.
As you have brought it to my attention please could I request that you comply fully and completely the procedures laid down in the aforementioned Practice Direction and Protocols for Pre-Action Conduct
I therefore request that you comply with these Protocols and supply me with all the relevant and “sufficient” details as detailed in the Protocols. I require these within 14 days from the date of this letter.
It should not be for me, a lay person, to be pointing out to you your failings in following the court procedures as laid out by statute and approved by the Master of the Rolls. Any further failures in following the correct procedures will result in a complaint being forwarded to the SRA.

Please send me copies of all the documents sent by your client including the windscreen notice if one was attached to the vehicle.
Please provide a copy of your client's contract with the land-holder to show specific authority to take legal action and confirm that this will be produced for the court. A witness statement stating that a contract exists is insufficient.
Please summarize the basis on which you are making your claim as you have stated in your letter that full details of the charges have been provided to me however this is the first letter I have received from you.
Please provide a breakdown for how you have calculated that an amount of £150 is owed for the alleged claim?

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 respond within 7 days. I consider this period to be reasonable as I trust you already have the documents that you intend to rely on.

I look forward to your response

Yours Faithfully

The_Deep

WITHOUT PREJUDICE


Why?

maily

The_Deep wrote: »

WITHOUT PREJUDICE


Why?

My understanding was by doing this it cannot be used against me in a negative way in court or be perceived as threatening or aggressive?

Should i not be writing that?

The_Deep

But, if you include stuff in it which nor true, it can be used againt you, caveated or not. Read this


http://www.landlordlawblog.co.uk/2010/08/14/without-prejudice-what-does-it-mean/

maily

The_Deep wrote: »

But, if you include stuff in it which nor true, it can be used againt you, caveated or not. Read this

So i think it will be best to leave the "Without Prejudice" of my letters as i want the judge to view all correspondence from me and take it into consideration and hopefully see that i have been reasonable and amicable throughout the process.

maily

maily wrote: »

Draft Copy Below, is it ok to e-mail correspondence or better to post it in the mail??

Dear Sir/Madame,

Ref : ****

I am in receipt of your letter dated 06/01/17 but delivered 17/01/17.

I deny any debt to your client Euro Parking Services Limited.
For the avoidance of doubt liability is denied in full. Should your client choose to start court action against me, the claim will be vigorously defended.
I note that you bring to my attention the Practice Direction for Pre-Action Conduct under the Civil Procedures Rule. I assume you mean Practice Direction for Pre-Action Conduct and Protocols under the Civil Procedures Rule.
As you have brought it to my attention please could I request that you comply fully and completely the procedures laid down in the aforementioned Practice Direction and Protocols for Pre-Action Conduct
I therefore request that you comply with these Protocols and supply me with all the relevant and “sufficient” details as detailed in the Protocols. I require these within 14 days from the date of this letter.
It should not be for me, a lay person, to be pointing out to you your failings in following the court procedures as laid out by statute and approved by the Master of the Rolls. Any further failures in following the correct procedures will result in a complaint being forwarded to the SRA.

Please send me copies of all the documents sent by your client including the windscreen notice if one was attached to the vehicle.
Please provide a copy of your client's contract with the land-holder to show specific authority to take legal action and confirm that this will be produced for the court. A witness statement stating that a contract exists is insufficient.
Please summarize the basis on which you are making your claim as you have stated in your letter that full details of the charges have been provided to me however this is the first letter I have received from you.
Please provide a breakdown for how you have calculated that an amount of £150 is owed for the alleged claim?

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 respond within 7 days. I consider this period to be reasonable as I trust you already have the documents that you intend to rely on.

I look forward to your response

Yours Faithfully

Hey guys just a little bump does the above letter/reaponse to the lbccc look okay? Anything i can change or add??

The_Deep

If you want the judge to see it remove the caveat.

The extra £50 they are asking for is not allowed unless a judge says so, point this out to them.

mark.taylor

In my opinion you should not tell gladstone to follow the procedure. Just ask for the details and contact. If they are not following the court procedure then you can use that in your defence if the case goes to court. The contract and sign at the car park may lead to some points which you can use in your defence.