PCM parking fine - question

Admiral_Sensible

Again thanks for the quick reply!

I'll proceed as if it is an LBC and send off a reply, I was worried that doing so might flag up things they would otherwise miss before they send out an actual LBC.

This whole "14 days to pay" nonsense, that's surely superseded by the statement in the pre action protocol saying you have 30 days to reply?

Admittedly I was joking when I said I suspected they weren't interested in helping me. These companies are, for want of a more technical term, twisted vampiric !!!!!!s.

Coupon-mad

Here's a response for a Gladstones LBC (obviously change any details that are not relevant):

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

HTH

nosferatu1001

If they indicate court action will commence without further notice, you are entitled to view that as a Letter Before Action

as such it MUST comply

Admiral_Sensible

Evening folks,

I have had a subsequent letter marked "final reminder" that is worded very similarly to the previous letter. I've essentially taken the example reply verbatim as it's stated exceptionally well, would you advise I try and reword things so as not to look like a simple cut and paste?

I don't think I could I improve on how concise and effective it is!



"Gladstones Solicitors
The Terrace
High Leigh Park Golf Club
Warrington
Cheshire
WA16 6AA

12 December 2017

Your Ref:xxxxxxxxxxx

Dear Sirs,

I am in receipt of your Final Reminder of XXth Y 2017, which given the stated reference to legal action I will be treating as a Letter Before Claim. Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon.

Your client must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with.

Your letter lacks specificity and breaches the requirements of 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 'Final Reminder' 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 Practice Direction and now the Protocol.

I require your client to comply with its obligations by sending me the following information/documents:

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 to it and provide to me a copy of that contract.
6. Is the claim for trespass? If so, provide details.
7. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 “establishing yourself as the creditor”
8. a plan showing where any signs were displayed
9. details of the signs displayed (size of sign, size of font, height at which displayed)
10. Provide details of the original charge, and detail any interest and administrative or other charges added
11. Provide a copy of the Information Sheet and the Reply Form


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.

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

I've essentially taken the example reply verbatim as it's stated exceptionally well, would you advise I try and reword things so as not to look like a simple cut and paste?

It's fine to copy, it was written for lots of people to use and it doesn't matter that you got it here.