HX Car Park Management, Gladstones Letter Before Claim

Lamilad

Then responded to LBC asking for various things.!

Please copy and paste exactly what this response said.

Are you prepared to tell us which site/ location this was?

Birdo26

Yes it was MFA Fantasy Bowling, has always been free to park before that point. If it makes a difference you have to drive through one car park (which is still free) to get to it. There is no signage on entering the first car park.

http://i347.photobucket.com/albums/p469/birdo26/IMG_1279%201_zpsbvbnjsru.jpg

I note your Letter Before Claim dated xxx

I deny any debt to your client. I will not be telephoning you but require further information in writing.

The driver is not identified in your letter and you have written to me as the registered keeper. I am not liable because I do not believe that your client invoked Schedule 4 of the POFA 2012 with fully compliant documents.

You cannot presume that I am possession of all the documents referred to in your letter and I require a copy of the Notice to Driver and Notice to Keeper to inspect so that I can make an informed decision. Please send copies of these and any documents that will be produced in the event of your threatened action, including copies of all photographs taken and evidence of the contract itself (clear evidence of the terms on the signs at the time).

I also require evidence of the contravention. If the driver is alleged not to have been a patron of the shops, I cannot be expected to know or answer to that allegation as keeper of the car. However, the burden remains with your client to produce evidence and I require that now (e.g. photographs of the driver leaving the site, if that is the allegation).

In order to understand my legal position, I also require the following information :

1 Is your client's intended action funded on a contractual charge, a breach of a contract or trespass?
2 What is the basis of the additional £50 charge?
3 If it is for legal services, has your client already paid it?

When I receive the documents and your answers I will be in a position to make a more detailed response and as such, it would be wholly unreasonable and vexatious to proceed in the small claims track at the present time.

Yours Faithfully,

Lamilad

Have you ever been in contact with the bowling co to try get them to cancel it?

Are you able to prove you were a customer at the time - bank statements, receipts, another witness?

Birdo26

Yeah a few times and both times got told they cannot.

Yeah bank statements and booking emails.

Lamilad

Not sure if it's an issue at my end or yours but I can't open the photobucket link above

Birdo26

Lamilad

OP - you could have saved us both a lot of time and effort by keeping your original thread up to date, instead of starting this unnecessary new one.

All the information I've been asking for is already detailed here

https://forums.moneysavingexpert.com/discussion/5678039

People starting multiple threads over the same issue is one of the biggest frustrations for the regulars here.

Contact a board guide and ask them to merge your threads.

Birdo26

Apologies, have messaged and asked. Was that what you needed above? The NTK?

Coupon-mad

So the above letter is the one you sent BEFORE the claim arrived, but now you are at defence stage and have done the AOS online already?

Lamilad

I'm not seeing the photobucket link. Just a symbol saying "please update your account to enable third party hosting"