Letter before claim recieved

BRS7

Hi all,
I hope you can help, i have received a letter before claim after ignoring many letters from debt collectors.
After reading a little (and getting very confused) on the forum i think i need to respond using extracts from Daniel Sans letter and Loadsof Chrildren12(sorry i can't post the URL as i'm a new member.
I am not entirely sure whether i should be writing to SCS or UK Parking control though, i assume SCS? If it is of any importance the letter received has the road name spelt incorrectly. 9 of the 11 charges are from residential parking (not my residence) on occasions where either the car had parked a little wonky or there were no spaces available so improvised!
Any help, advice or tips would be much appreciated!

...ok so i've got this far and im struggling to insert the images of the letter! How can i add pictures?

KeithP

BRS7 wrote: »

...ok so i've got this far and im struggling to insert the images of the letter! How can i add pictures?

Upload them to a webhosting site - tinypic is one, there are many others.

Then post a link here, but changing http to hxxp as being a new poster you are unable to post live links.

Coupon-mad

If the LBC came from solicitors, then you respond to them.

Did they attach any evidence, any contract/signage images, or any reply pages to comply with the new pre-action Protocol from 1st October?

Or is it just a letter, and how long does it give you to reply? 14 days or 30?

Umkomaas

Did they attach any evidence, any contract/signage images, or any reply pages to comply with the new pre-action Protocol from 1st October?

What they now need to produce to you:

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

BRS7

Hopefully you guys can see those images? In addition to the letter was also a reply form. No evidence within but looking at the link sent by umkomaas that’s something I can request. They have asked for a response within 30 days.

KeithP

First two images - best to block out all the reference numbers. That is enough info to identify you to the PPC.

Last two links/images are the same and need rotating a quarter of a turn clockwise.

BRS7

[IMG]hxxp://i67.tinypic.com/mlqagm.jpg[/IMG]
[IMG]hxxp://i64.tinypic.com/2air439.jpg[/IMG]
[IMG]hxxp://i63.tinypic.com/f2rd43.jpg[/IMG]
[IMG]hxxp://i66.tinypic.com/29dx0xy.jpg[/IMG]

Thanks keithp ammended above.

KeithP

http://i67.tinypic.com/mlqagm.jpg
http://i64.tinypic.com/2air439.jpg
http://i63.tinypic.com/f2rd43.jpg
http://i66.tinypic.com/29dx0xy.jpg

That's better.

As you already said, you need to draw up a LBC rebuttal letter and those examples you mention are a good starting point.

Post your letter here for scrutiny before sending if you wish.

Coupon-mad

BRS7 wrote: »

Hopefully you guys can see those images? In addition to the letter was also a reply form. No evidence within but looking at the link sent by umkomaas that’s something I can request. They have asked for a response within 30 days.

Request?! Stop giving them so much respect, this is a cowboy parking industry (MPs said so in Parliament) and their solicitors scrape the barrel of misleading letters to the public, not supplying evidence that they MUST do nowadays. And they know it.

Report them for it, Trading Standards for a start - get more forceful:

https://forums.moneysavingexpert.com/discussion/comment/73401300#Comment_73401300

HTH

BRS7

Ok, this was mostly copying and pasting but please see draft below. As far as I can see, after reading the protocol, thus far, they have complied. So it is mostly a request for addition information. One thing I have requested which i didn’t see in the two examples I quoted above was photographic evidence, is this something I can request and if so is it something that they have to supply?

SCS LAW
Level 34
25 Canada Square
Canary Wharf
London
E14 5LQ

...November 2017

Your ref:............

Dear Sirs,

I have received your Letter Before Claim dated 10th November 2017.

Under paragraphs 6(a) and 6(c) of the Practice Direction and in order to comply with my own obligations under paragraph 6(b) I require the following information from you:

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. a copy of the contract with the landowner under which they assert authority to bring the claim
5. a copy of any alleged contract with the driver
6. a plan showing where any signs were displayed
7. details of the signs displayed (size of sign, size of font, height at which displayed)
8. photographic evidence of the contraventions

If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) – Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

I am unable to respond properly to the alleged claim until I am in receipt of the requested information/documentation. At this point it would be a waste of court time and costs 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,

....................

KeithP

There is a more up to date LBC rebuttal linked from post #2 of the NEWBIES.

This one:

forums.moneysavingexpert.com/showthread.php?p=73208118#post73208118

It includes mention of the latest, Oct 2017, debt claim protocols.