PCM fine - Solicitor letter - please help

seezjear

Hi again. I have been reading the forum for days now, and writing my LBCCC (as English is not my mother tongue, I find it kind of hard to write such of formal letter).
Meanwhile does it make sense to send an email to PCM and question them if they want to drop the case, stating that I will not pay only if the court makes me to? Was ever any case dropped by the management company? PCM.

seezjear

One more thing, have read the AST and there is nothing about parking.

Coupon-mad

seezjear wrote: »

Meanwhile does it make sense to send an email to PCM and question them if they want to drop the case, stating that I will not pay only if the court makes me to? Was ever any case dropped by the management company? PCM.

Nope. Pointless, better to beat them in court.

One more thing, have read the AST and there is nothing about parking.

OK - no worries.

The signs don't offer parking without a permit, either! No offer, no contract, as shown in the first Parking Prankster blog I showed you.

Guys_Dad

The prime contract is your landlord's lease if the property is leasehold. If that mentions parking ticket then your landlord has landed you in the cart.

But as others say, the signage could be crucial.

seezjear

Hi,

I am about to send my response to Gladstones (should I send an email or a letter?)
Please help me to review this and let me know if it will be good enough, or I need to amend something. Should I mention that I actually a permit holder?

Dear Sirs,

Ref : xxxx

I have received your Letter Before County Court Claim dated 31st January 2017.

I deny any debt to Parking Control Management 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.

Please confirm as to how the alleged £100 charge was transparently communicated to the driver and how does your client evidence that sum was 'agreed', given that PCM's signs have been held by a court to be prohibitive.

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.
I would also like to see your evidences, as PCM got photos of their sign, and they’ve got sets of photos of my car, but there is no photo in their evidences where my car and the sign is on the same photo.
So basically the car could have been anywhere in the world, there is no connection with their sign.

When these are supplied, please also confirm whether the intended action is founded on a contractual charge, a breach of a contract or trespass.

How and where the alleged £50 'indemnity costs' were communicated to the driver, given that you would contend that £50 was not stated in any sign at that location.

A breakdown of how these indemnity costs arose and when they were added to the charge and proof that the sum of £50 was paid by your client and to whom and for what service.

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

Mr xxxxxx

Guys_Dad

seezjear wrote: »

Hi,



Dear Sirs,

Ref : xxxx


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 need to put some meat on this point. How have they failed - spell it out. If they haven't failed or if you can't see where, then I would leave it out.

Coupon-mad

Should I mention that I actually a permit holder?

Not if responding as keeper (not driver) - think about it!!

You can say the CAR has a permit and the residents have primacy of contract under their granted rights of way under their lease agreement. Remind them about the Jopson Appeal case, as covered in the Parking Prankster's blog about Residential car park defences, the one you need to read & understand. Tell them the keeper will counter-claim if they persist.

seezjear

Ok, i will update my letter.
Do I need to send this to them as an email, or a postal letter?
I am running out of time, so need to finish my letter today.

When you say put more meat, what sort of information you mean. Also I am not sure if they know or not that I was the driver. On my first appeal I might told them, but I can't remember now (it was back in November).

Are additional details you can think of, which should be added?

Coupon-mad

Just add in what I suggested and leave out the POFA line if unsure.

seezjear

here it is now updated: (email or post?)

[FONT=&quot]Dear Sirs,

Ref : xxxx

I have received your Letter Before County Court Claim dated 31st January 2017.

I deny any debt to Parking Control Management Ltd

Please confirm as to how the alleged £100 charge was transparently communicated to the driver and how does your client evidence that sum was 'agreed', given that PCM's signs have been held by a court to be prohibitive.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The CAR has a permit and the residents have primacy of contract under their granted rights of way under their lease agreement. I would like to remind you about the Jopson Appeal case (Jopson v Homeguard [2016] B9GF0A9E). The keeper will counter-claim if you persist.[/FONT][FONT=&quot]

You 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.
I would also like to see your evidences, as PCM got photos of their sign, and they’ve got sets of photos of my car, but there is no photo in their evidences where my car and the sign is on the same photo. So basically the car could have been anywhere in the world, there is no connection with their sign.

When these are supplied, please also confirm whether the intended action is founded on a contractual charge, a breach of a contract or trespass.

How and where the alleged £50 'indemnity costs' were communicated to the driver, given that you would contend that £50 was not stated in any sign at that location.

A breakdown of how these indemnity costs arose and when they were added to the charge and proof that the sum of £50 was paid by your client and to whom and for what service.

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

[/FONT]