PCM invoice at High Point Village

Umkomaas

at least my response to the next letter is already prepared now!

Keep it warm!

whaqqer

So this morning I have now received the LBC letter from Gladstones with regards to the above thread.

Am I right in assuming I just send back the request for the paper version slip on the reverse, or should I also send back my 'LBC response' that I posted in this thread with it?

Thanks

Umkomaas

Things have changed in the shape of a new pre-action protocol (PaP) since you last posted. Any LBC regarding a debt claim needs to be fully compliant with this.

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

I haven’t checked, but I’m sure the NEWBIES FAQ sticky, post #2 will have a more updated LBC response than when you drafted yours last summer. Check it out.

whaqqer

Thanks Umkomaas for the quick response as always.

So should I send a full response with the request to receiving all the paper information?

I will need to find the envelope they sent the letter in too as 3.2 states it should be sent on the day, or the following day but their letter is dated 4th January 2018 and was received on 15th January 2018!

nosferatu1001

Yes, you send a full request for everything
if they dont, it looks bad and you an apply to the court for a stay until they comply
If they try to comply, you at lest get more info, and they will probablY STILL not get it right, because they are a bunch of incompetents.

whaqqer

Good morning,

So after sending a response letter to Gladstones LBCCC requesting all the paper information they have now responded!
They have sent a letter thanking me for my correspondence and stating that they have enclosed the requested documents. The actual documents they have sent are a list of frequently asked questions, an annex 1 information sheet and a 30 day reply form asking me to tick a box to whether I owe this debt or not!
They have not sent me any of the information I requested such as:
1. an explanation of the cause of action
2. whether they are pursuing me as driver or keeper
3. whether they are relying on the provisions of Schedule 4 of POFA 2012
4. what the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract
6. Is the claim for trespass? If so, provide details
7. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 !!!8220;establishing yourself as the creditor!!!8221;
8. a plan showing where any signs were displayed
9. details of the signs displayed (size of sign, size of font, height at which displayed)
10. Provide details of the original charge, and detail any interest and administrative or other charges added
11. Provide a copy of the Information Sheet and the Reply Form (in fairness this may be the only part they did send me!!)

Should I respond to this letter again requesting this information as I feel this may be in my interests when this goes to court to show that I have been trying to obtain all the facts from them or just file it and wait for the court papers?

Thanks

Umkomaas

You go back to them in writing and tell them that their reply does not meet with the requirements of the Pre-Action Protocol for Debt Claims (PaP).

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

As a courtesy you are listing the questions they have failed to address from your original letter to them dated xx/xx/xx. Failure to respond comprehensively to this second request will be brought to the attention of the Judge in any subsequent court hearing.

whaqqer

Gladstones responded to my letter at the end of May with the normal FAQ paper, some photos of my car and a close up photo of one of their signs (not exactly what I asked for but no surprise!), and told me I had 30 days to respond.


On the 12th June I received the expected County Court Claim form (just slightly earlier than I thought due to them giving me 30 days to respond to their letter!)


I completed the acknowledgment of service on the 18th June which gives me the extended 14 days to work on my defence statement. My question is do I need to submit the defence statement by 2nd July (14 days from AoS) or before 12th July (28 days + 5 days from 8th June issue date)?


I just want to make sure I have sufficient time to finish my defence statement and get it posted on here for the good peoples friendly advice before submitting

KeithP

If the issue date on your Claim Form is 8th June and you have done the AoS, then you have until 4pm on Wednesday 11th July 2018 to file your Defence.

8 June + 5 + 28 = 11 July

whaqqer

Thanks KeithP,


That's what I thought but just wanted clarification for peace of mind.


I'll be working on my defence statement this weekend so will post it on the board next week.