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Gladstones --- THE PURGE

13

Comments

  • Coupon-mad
    Coupon-mad Posts: 161,079 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes it means we will need to update our advice. :)
    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
  • Castle
    Castle Posts: 5,062 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    safarmuk wrote: »
    This however does rather make our policy of issuing:
    * LBCs for DPA breaches to PPCs or;
    * LBCs to Landowners/Freeholders and Management Agents (in residential cases)
    Somewhat more onerous as well ... however overall it is for the best I guess.
    The protocol only applies to "debts" owed by an individual to a business.
  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Castle wrote: »
    The protocol only applies to "debts" owed by an individual to a business.

    Correct. If the Claimant is a private individual, then the new protocol does not apply.

    However, if he is a sole trader, eg Joe Bloggs T/A Bodgit & Scarper Plumbers, the protocol will apply.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • safarmuk
    safarmuk Posts: 648 Forumite
    Correct. If the Claimant is a private individual, then the new protocol does not apply.
    So to be quite clear the exact changes are:
    * GS (on behalf of a PPC) sending safarmuk a LBC after Oct 1st ---> must adhere to the new pre-action protocols
    * safarmuk sending a LBC to "stupid management agents ltd." after Oct 1st ----> keep going as you were chap

    Oh, for once I am completely happy to be wrong ... this makes things much easier.
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    @safarmuk that is correct, because you are an individual not writing in the capacity of your business or receiving and/or corresponding in connection with a company vehicle.

    So, to recap, the PPC has a longer protocol for debts, but you decide to run a DPA claim technically there is no need to comply with it at all.
  • ckershaw
    ckershaw Posts: 14 Forumite
    So what are the main changes that have now come into affect, I tried looking at the governments page but it's too long and confusing.
  • Coupon-mad
    Coupon-mad Posts: 161,079 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Look at a solicitor's website result instead; e.g. Hill Dickinson had a summary I saw.
    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
  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
    Sixth Anniversary Combo Breaker
    The point being missed here as well is that a claim for DAMAGES (ie breach of DPA/trespass/breach of right to quiet enjoyment) is not a DEBT.
    The new Protocol applies to DEBTS, and of course it also applies when it is a business seeking recovery against an individual.
    So the new Protocol applies to the PPCs but rather pleasingly not to us ordinary folk.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    As predicted the Gladstones boys have been busy
    to beat the 1st Oct new procedure.
  • Computersaysno
    Computersaysno Posts: 1,252 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Coupon-mad wrote: »
    Look at a solicitor's website result instead; e.g. Hill Dickinson had a summary I saw.



    https://www.hilldickinson.com/insights/articles/new-pre-action-protocol-debt-claims
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