*Notice of intended court action* -CPM parking fine 30 March 2017 at 5:51PM edited 1 August 2017 at 6:58PM in Parking tickets, fines & parking 66 replies 11.3K views

chester_mand

Umkomaas wrote: »

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!

Advice taken.

So do you think i should just submit the template?

Umkomaas

chester_mand wrote: »

Advice taken.

So do you think i should just submit the template?

Which template do you mean? There are a few floating around - we need to make sure you don't send the wrong one.

chester_mand

Umkomaas wrote: »

Which template do you mean? There are a few floating around - we need to make sure you don't send the wrong one.

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

Coupon-mad

Except there is no Annex A of the Practice Direction and that's about the oldest example you could have found. Use a newer one, there are better ones in the NEWBIES thread than that.

chester_mand

You can see how much I have read but I'm still a bit confused about the whole thing...

Coupon-mad

Just get another one instead, from the NEWBIES thread, a newer one. I am sure more than one example of a LBCCC response is linked there, not just that old thing?

chester_mand

I'm having a mental breakdown here Coupon-mad..... I read so many threads and can't locate a newer one.... the evil side of me just want to wave the white flag and just pay up as i can't deal with this reading threads after threads every single night.....

Can someone shed some light?

Quentin

Concentrate on the links in the newbies faq thread.

chester_mand

Quentin wrote: »

Concentrate on the links in the newbies faq thread.

I have read links after links and can't seem to find the latest one and most importantly for GS.

Coupon-mad

I just looked and there are 3 or 4 example responses, none of which talks about Annex A.

NOT ''most importantly for GS''. Who cares which solicitor it's for? You adapt it to suit.