IAS APPEAL....feedback appreciated

Southernsoftie_jo

Happily! Thanks for the tip it's been driving me nuts!

Southernsoftie_jo

I've studied post 2 of NEWBIES along with some other relevant posts and formulated this response to the LBC from Gladstone's. Await your feedback with thanks!


Gladrags....

I am in receipt of your Letter Before Claim dated 21st June 2018 (received 26th June 2018)

Your letter lacks specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. Please treat this letter as a formal request for all of the documents / information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.

As solicitors you must surely be familiar with the requirements of both the Practice Direction applicable pre-1 October and the Protocol which applies thereafter (and your client, as a serial litigator of small claims, should likewise be aware of them). As you (and your client) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is astounding that a firm of Solicitors are sending a consumer a vague and unevidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol.

Nobody, including your client, is immune from the requirements and obligations of the Pre-action Protocol.


I require you to comply with your obligations by sending me the following information/documents in accordance with section 5.1 of the Pre-action Protocol, which were not included in your letter:

whether interest or other charges relating to the debt are continuing

details of how to proceed if the debtor wishes to discuss payment options

a Financial Statement form

In addition I require the following information, from your client:

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 in the contract and a copy of the contact.

6. Is the claim for trespass and if so, on what basis.

7. A copy of the contract with the landowner under which they assert authority to bring the claim, As required by the IPC code of conduct section B clause 1.1

8. A copy of any alleged contract with the driver.

9. A plan showing where any signs were displayed, relative to where the vehicle was parked.

10. Details of the signs displayed (size of sign, size of font, height at which displayed) including any known damage.

11. A copy of the Information Sheet and Reply form

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided

Yours faithfully,

Coupon-mad

It is astounding that a firm of Solicitors are sending a consumer a vague and unevidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol.

I would remove that because the LBC isn't in complete ignorance of the PAP, it pays lip service to it!

hopelesslylost

Hi All

I have been reading this forum for a while (and following the Newbies advice), but this is my first post.

I am in almost exactly the same situation as Southernsof (above).

Should I just copy post #63 and send it as a letter?

I would like to argue that the parking signs were small/broken/badly placed. Is now the time to do this?

many thanks
HopelesslyLost

Coupon-mad

Welcome!

You need to click back to page one (see my signature below) and hit NEW THREAD.

And if you were trying to, don't view this forum on a phone, it makes the buttons/headers and options - and threads - harder to find.

Southernsoftie_jo

Response to LBC sent! Can anyone advise what the next possible scenarios are now?

Are we at the situation of either proceeding to court or they walk away from it?

Thanks!

KeithP

Yes, but before issuing a court claim they should of course respond to your letter.

Southernsoftie_jo

Hi,

We are now around 30 days since I sent the response to the LBC.

To date, no response from Gladstone's. If they are meant to reply to me ahead of issuing court papers, does this mean it looks like they have walked away?

I'm wondering if they will ignore my letter and just issue court papers

KeithP

Wait patiently. Nothing else for you to do.

Southernsoftie_jo

We replied to Gladstone's LBC and this is their response. Basically they have ignored my requests for documents in my letter and just repeated everything they have previously stated.

They suggest we pay !!!55358;!!!56611; or reply to them in 30 days. Have we just entered into a game of letter tennis?

Any thoughts on next step?

They said they enclosed a copy of the sign displayed st the site, which they did not enclose.

Thanks for any advice, it is much appreciated.

https://ibb.co/dsvGDz