Entered Wrong reg on App. messed up my appeal now.

KeithP

Then item 11 on your request list is superfluous, isn't it?

Coupon-mad

Why are people still using that template and why didn't you do this, as advised?

The reply there is also too long, so please remove the entire paragraph rambling on about the 1.10.17 changes,

Jamesrb

KeithP wrote: »

Then item 11 on your request list is superfluous, isn't it?

Ah, I see what you mean. Looks like point 10 is also irrelevant then as I have received the breakdown of costs on there as well. Cheers for the help. Looks to be ok other than that.

Coupon-mad

Looks to be ok other than that.

No it really isn't and I am trying to steer you away from this old template.

Jamesrb

Please, don’t try steer me, just tell me straight not to use it. I’m not the smartest person in the world, I’m out of my depth with this, I have absolutely no idea what angle to take, i am barely computer literate, I have read hundreds of threads and I don’t seem to be able to find any that have the same circumstances as me so don’t know what I need to do. If I’m told to just face it that I’m paying the fine then I can cope with that, but by admitting the offence in my original letter as well as offering them even more guilt by saying how I completely agree with being given a ticket, I can’t see how else I can defend it.
If anyone can offer me either a link to a perfect thread or letter to copy or what to write then that would be appreciated, if not, I guess I’ll just have to leave it there.

Coupon-mad

tell me straight not to use it.

I did, told you what to remove:

please remove the entire paragraph rambling on about the 1.10.17 changes,

i.e. this:

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.

Plus it is up to you to review the list of things you are asking to be produced, and remove things you have already got (hence #10 and #11 were removed as prompted by KeithP:

Originally Posted by KeithP View Post
Check the things they did actually supply with their Letter of Claim.

Compare that with the list of things you are asking for in your response.

It would be foolish to ask for things they have already supplied.

TBH it doesn't actually matter much because there will be a claim, and you will have to defend it, so what you say now should simply be telling them what you want to see (all photos, all letters - so why use a template at all?) and demanding an explanation as to how they contend they can continue to pursue this baseless claim, given that:

- they already know you have paid, and

- their client reduced the sum charged to £20, more conducive with the actual costs,

- yet have increased it again to a 3 figure sum despite this having no legitimate interest, and despite the fact that parking operators cannot simply 'punish' mistakes and profit from them, because - as was clearly established in the entirely different 'ParkingEye v Beavis' case - that would fall foul of the penalty rule. Ask how come the £20 is suddenly 8 x more and use the words I just did.

Jamesrb

Sorry Coupon-Mad, spat my dummy out before this a little bit, think it is getting to me a bit more than what I thought. I genuinely appreciate yours and everyones help on this. I thought it needed to contain set legal references to have a valid claim.
I have drafted the following and would appreciate any tips/suggestions, thanks so much in advance:




BW Legal,


Enterprise House,


Apex View,


Leeds,


West Yorkshire


LS119BH


Your Account Number: xxxxxx





To BW Legal,


I am in receipt of your letter of claim dated 28 August 2018.


Before I can take this matter any further I require the following from you and your client:


Copies of all letter claimed to have been sent to me by yourself and your Client


Copies of all photographic evidence of the incident in question


Details of all evidence surrounding this matter that you have.


I also require a full explanation as to how you obtained my personal mobile phone number and explain that why despite me telling one of your employees on my very first phone call I received from you at 14:26 on 16th August where I stated that I wasn’t prepared to supply any personal details over the phone to an unknown caller I have been called on the following days and at the following times:


xx08/18 – xxxx


xx/08/18 – xxxx


xx/08/18 – xxxx


xx/08/18 – xxxx


xx/09/18 – xxxx


xx/09/18 – xxxx


This volume of calls is harassment.


Most importantly I require detail as to why this case is being pursued against me when you have been supplied with full evidence from myself that I paid the correct amount to stay at the car park for the duration that I was there on the date in question. Your client reduced the debt to £20 after I explained the detail surrounding the ticket which was more conducive with the actual costs incurred to your client, yet have now increased it again to a 3 figure sum despite this having no legitimate interest, and despite the fact that parking operators cannot simply 'punish' mistakes and profit from them, because - as was clearly established in the entirely different 'ParkingEye v Beavis' case - that would fall foul of the penalty rule


I have enclosed a SAR with this letter for you to supply me with all the requested information.


I await your response.





Regards





James

KeithP

If that's a real account number in your post, then please remove it.

It's enough to identify you and your incident to the PPC.
All the precise dates and times only confirm that.

PPCs do read this forum and can use your posts against you.

Le_Kirk

actual costs incurred to your client

Better would be

actual costs incurred by your client

You should start a letter with: -

Dear Sirs

and finish with: -

Yours faithfully

Jamesrb

Le_Kirk wrote: »

Better would be

You should start a letter with: -

Dear Sirs

and finish with: -

Yours faithfully

'Dear Sirs' ? can that not offend these days? Would i be better to put to whom it may concern?