Is this a letter before court?

Dudleydave

Thanks for the replies.

Whilst I completely agree with the bigger picture against cowboy companies issuing these parking charges, initially I need to reply to this LBC sent to me.

I have read the newbies forum, it is very helpful but really long and, to me, confusing.

I appreciate all cases are slightly different, but I have not replied to any correspondence to this stage, so the wording mentioned in a lot of statements doesn’t completely apply it seems in my case.

If you would be so kind to link me to the post which you think would be most applicable would be eternally grateful!

Cheers

The_Deep

I have read the newbies forum, it is very helpful but really long and, to me, confusing.

It is what it is, if you want to take part in the game you need to learn the rules. Unless you make the effort, you will be at a severe disadvantage in court.

beamerguy

Dudleydave wrote: »

Hi,
Regarding my issue previously mentioned involving NCP and now Gladstones, I have now received an LBC.

You are dealing with the incompetent Gladstones

Do some homework and understand how this bunch
operate, a lot could well help you

http://parking-prankster.blogspot.co.uk/search?q=gladstones

Quentin

Dudleydave wrote: »

Thanks for the replies.

Whilst I completely agree with the bigger picture against cowboy companies issuing these parking charges, initially I need to reply to this LBC sent to me.

I have read the newbies forum, it is very helpful but really long and, to me, confusing.

I appreciate all cases are slightly different, but I have not replied to any correspondence to this stage, so the wording mentioned in a lot of statements doesn’t completely apply it seems in my case.

If you would be so kind to link me to the post which you think would be most applicable would be eternally grateful!

Cheers

I did point you to the right post! #2 in the FAQ

Dudleydave

Okay thank you, I will endeavour to read through again. I do appreciate your help, it!!!8217;s just a bit confusing and I don!!!8217;t want to reply to them incorrectly in any way.
I!!!8217;m not too sure if I should even reply via their website as they suggest?

Coupon-mad

It's not confusing.

Post #2 of the NEWBIES FAQS (you do not need to read the first post about appeals, obviously) goes straight into telling people how to reply to a LBCCC. With links to example letters.

Most people email Gladstones, and the email was given out yet again by claxtome only yesterday.

Dudleydave

Ok, point gratefully taken.. I’ll get myself in gear and compile an email response to gladstones. Thank you

Dudleydave

Hi All,


Here is my first draft of my letter in response to the LBC from Gladstones/NCP


I would really welcome and appreciate any advice/comments/ suggestions. Thank you.






Dear Sirs,

Thank you for your letter of xxxx.


My reference: XXXXXXXXX


Wit reference to your Letter Before Claim. I note you have not provided me with the full details of the claim you make i.e. the timings of alleged charge. You have produced times and photographic evidence of the car entering and exiting the car park but not how long the car was actually parked in a space, and you do not state the duration of time that was actually paid for, please provide clear details what you are claiming for?


Please note: I have evidence that the maximum amount displayed on the signage was purchased on the said day, which is why I think your charge is wrong and unfair, please respond to this.


Nor does your Letter Before Claim contain any mention of what evidence your client intends to rely on, or enclose copies of such evidence.


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

1. what the details of the claim are (where it is claimed the car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed)
2. a copy of the contract with the landowner under which they assert authority to bring the claim
3. a copy of any alleged contract with the driver
4. a plan showing where any signs were displayed
5. details of the signs displayed (size of sign, size of font, height at which displayed)
6. A detailed explanation of costs that you have added on to the original charge, what that represents and how it has been calculated.


The alleged debt is disputed and any court proceedings will be vigorously defended.

This Letter Before Claim on the part of your client is a clear breach of its pre-action obligations set out in the Practice Direction - Pre-Action Conduct, with which as solicitors you must surely be familiar with. As you (and your client) must know, the Practice Direction binds 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.

Nobody, including your client, is immune from the requirements and obligations of the Practice Direction.



I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

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) !!!8211; 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.


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 etc.

Dudleydave

Hi All,

Any advice/guidance on the above for me please?

Many thanks

Dudleydave

Hi All,

Before I submit my response letter above I was hoping someone may kindly offer any advice/guidance or suggestions on my draft for me please?

Many thanks