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*Notice of intended court action* -CPM parking fine

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  • chester_mand
    chester_mand Posts: 51 Forumite
    TBH i was feeling a bit hopeless as it is actually quite daunting and overwhelming receiving letters after letters demending for money and threaten you with legal actions. But luckily, these kinds of platform exist and running by the amazing people like you do give the reassurance to people like myself. Anyway thank you so so much for the help.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    It's known by some as the blizzard of bull****. Expect loads of it. It's a cheap way of scaring people into paying up. Court actually often costs them more than they get back so many companies drop it at the very last minute.
  • chester_mand
    chester_mand Posts: 51 Forumite
    edited 28 June 2017 at 7:30PM
    Umkomaas wrote: »
    It's unlikely to settle that easily. Just be prepared for whatever comes through your letterbox and remember there's always help available here.

    The main thing is not to let any of this panic or scare you, it can be handled.

    Update

    I have received another letter from Gladstones Solicators tilted as: Letter Before Claim. They have increased the fine to £160. Do i just ignore it as usual? I have uploaded the letter to my dropbox. It is the 7th letter. https://www.dropbox.com/sh/ytejv7snqo5nx32/AAAWx5N-xtGQWJDvwbaMPjUda?dl=0

    Many thanks,
    Chester
  • Umkomaas
    Umkomaas Posts: 43,402 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Update

    I have received another letter from Gladstones Solicators tilted as: Letter Before Claim. They have increased the fine to £160. Do i just ignore it as usual? I have uploaded the letter to my dropbox, you can view in my profile > About > 7th.pdf

    Many thanks,
    Chester

    I think it would be easier to post direct links within your actual posts than to hope that regulars will go digging through personal profiles and Dropbox links to your 'exhibits'. You'll then get far better responses, I'd suggest.

    First things - you need to redact the link outcome (and any others) that identify you by name, your PCN reference number and/or your car's VRM.

    This looks like a LBC, so you need to respond robustly and deny any 'debt' to their client. Do a forum search, and on PePiPoo, on 'Gladstone LBC response', or similar, to look at previous responses.

    Brace yourself for a (pretty spurious and defendable) court claim and read the NEWBIES FAQ sticky, post #2, which gives you advice on how to handle this.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 152,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Update

    I have received another letter from Gladstones Solicators tilted as: Letter Before Claim. They have increased the fine to £160. Do i just ignore it as usual? I have uploaded the letter to my dropbox, you can view in my profile > About > 7th.pdf

    The NEWBIES thread covers LBCCC responses, in post #2.

    Everything about pre-court and court defence stage is there.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas wrote: »
    I think it would be easier to post direct links within your actual posts than to hope that regulars will go digging through personal profiles and Dropbox links to your 'exhibits'. You'll then get far better responses, I'd suggest.

    First things - you need to redact the link outcome (and any others) that identify you by name, your PCN reference number and/or your car's VRM.

    This looks like a LBC, so you need to respond robustly and deny any 'debt' to their client. Do a forum search, and on PePiPoo, on 'Gladstone LBC response', or similar, to look at previous responses.

    Brace yourself for a (pretty spurious and defendable) court claim and read the NEWBIES FAQ sticky, post #2, which gives you advice on how to handle this.

    I tried to include a link on to the post when i first wrote this but for some reason it didn't allow me to do that.

    Thanks so much for pointing me to the right direction. I will study the post and try to draft up a response to Gladstone first then i will work on the court claim...._pale__pale_
  • Coupon-mad wrote: »
    The NEWBIES thread covers LBCCC responses, in post #2.

    Everything about pre-court and court defence stage is there.

    Thanks Coupon-mad. I will have another read on the post....._pale__pale_
  • For those who would like to see the LBC please go to the link and it is the 7th letter. https://www.dropbox.com/sh/ytejv7snqo5nx32/AAAWx5N-xtGQWJDvwbaMPjUda?dl=0
  • chester_mand
    chester_mand Posts: 51 Forumite
    edited 28 June 2017 at 10:29PM
    Your Reference: xxxxxxxxxxx

    Dear Sirs
    Re: PCN xxxxxxxxxxx – Letter Before Claim

    I am writing to acknowledge receipt of your Letter Before Claim dated 21st June 2017.

    First, I deny any debt to CPM and any court proceedings will be vigorously defended.

    Secondly, in reading your letter I do not believe (in reading through the Practice Direction for Pre-Action Conduct) that it is fully compliant with the Practice Direction: it is in fact woefully defective and possibly a deliberate attempt to mislead the recipient.

    Please therefore provide a Letter Before Claim which complies with the requirements of the Practice Direction: areas which you are not compliant are listed below (reference Practice Direction, Annex A Para 2):

    2.1 The claimant’s letter should give concise details about the matter, allowing the defendant to understand and investigate the issues without needing to request further information. The letter should include
    (1) the claimant’s full name and address;
    (2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable): Contract Claim, Trespass Claim or other;
    (3) a clear summary of the facts on which the claim is based: why exactly has the defendant been charged;
    (4) what the claimant wants from the defendant;
    (5) if financial loss is claimed, an explanation of how the amount has been calculated (including any increases from the original amount claimed)

    2.2 The letter should also
    (1) list fully the essential documents on which the claimant intends to rely. You cannot presume that all the documents you will rely on are in my possession. I do acknowledge that once I have submitted my defence then further documents in rebuttal maybe submitted by the claimant;!
    (2) set out the form of any further ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;!

    In addition to the above I would like to see every photo taken and all the evidence provided to the IAS at the earlier appeal stage: was anything withheld from myself as the appellant? If so, I would like to see the entire “case” as provided to the IAS.

    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/justification for any additional charges added to the original including confirmation that these have already been invoiced and paid to any third parties involved.

    When I receive the documents and your explanations, I will be in a better 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
  • Umkomaas
    Umkomaas Posts: 43,402 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I felt this was a total scam as I could actually avoid this from happening.
    The penny drops!

    No matter what you write to G's it won't make a blind bit of difference to your benefit. What you don't want to do is to identify the driver. Think very carefully about what you've just written. You might want to quickly edit things!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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