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Formal Letter of Claim from Wright Hassall / Civil Enforcement Ltd

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Hello Everyone

We received a PCN about six months ago after being five minutes late to leave the car park of our local swimming pool. We were late due to a medical reason.

We haven't yet paid the fine and I received a letter this week (dated 4/1/2017 I notice) titled "FORMAL LETTER OF CLAIM".

Am I safe to ignore this letter or is this one of the Letters Before County Court Claim that I need to respond to, probably following the instructions here:

forums.moneysavingexpert.com/showthread.php?t=4754020

Based on a quick read through of that thread I am going to visit the pool tomorrow and ask if they can get the PCN overturned.

"Payment is now long overdue and accordingly we give you notice that unless this debt is repaid within 14 days of the date of this letter we will review this matter and may be left with no alternative but to issue County Court proceedings seeking a money Judgement Order which may increase your liability for costs."

Many thanks all.

Comments

  • Half_way
    Half_way Posts: 7,479 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You need to tell the pool that if they have taken on this company they are jointly and severally liable for the actions of their agents. at the very least you should get a letter form them stating that they do not support their agents taking this to / through the court system.
    they will probably try and brush you off with a nothing to do with us- contact the parking company approach, if they have taken on the PPc then they are jointly liable.

    The 5 minutes late period falls short of any reasonable grace period and your details may have been obtained without good reason, this could be a breach of the data protection act for which the leisure centre could be responsible if they have taken on the parking company to act is its agents

    Before you go to the leisure centre do so some research, and approach this the right way, if it all works out well and you take the right approach they should cancel this and call off the court action, or at the very least produce a letter stating that the case should be discontinued by their agents.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 24 January 2017 at 12:57AM
    study clause #13 of the BPA CoP , which the PPC has broken and is a valid defence and appeal argument

    insist that the pool gets the charge cancelled or else any counter claim will involve them as the landholder who employed this contractor CEL, not just for this spurious invoice but in a possible DPA breach claim within the next 6 years

    also read the responses to a solicitor letter on here or on pepipoo forums over the last 12 months and yes reply , rebutting their claim - so yes treat it as an LBC if it actually came from WH and not anyone else on headed notepaper
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 24 January 2017 at 5:24AM
    [FONT=Times New Roman, serif]If you think that this PPC has obtained your personal data from the DVLA without due cause, i.e. they have failed to allow grace periods, and /or breached their Kadoe contract, you can complain to the DVLA, and also sue them.in the small claims court. With a good wind you should be able to get £250 damages [/FONT]

    [FONT=Times New Roman, serif]Read these[/FONT]

    [FONT=Times New Roman, serif]http://www.parkingcowboys.co.uk/data-protection-act[/FONT]

    [FONT=Times New Roman, serif]http://parking-prankster.blogspot.co.uk/2016/10/parking-companies-breaking-data.html[/FONT]

    [FONT=Times New Roman, serif]https://forums.moneysavingexpert.com/discussion/5585388[/FONT]

    http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html
    [FONT=Times New Roman, serif][/FONT]
    [FONT=Times New Roman, serif]
    [/FONT]
    [FONT=Times New Roman, serif]
    [/FONT]
    You never know how far you can go until you go too far.
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