Britannia Parking, to late to use MSE?

Hip7559

Really appreciate the help, interesting read and more so that link to parliament was an interesting watch thank you.

I'll stand my ground.

Thanks again.

Umkomaas

Have you complained to Travel Lodge? Send them a link to this thread so they can understand the consequences of their staff seemingly providing you with less than full information.

Hip7559

Afternoon, an update. Ive ignored all the letters from collection agency's. They have now used a different company it seems,i had one letter from Zenith asking for a reduced settlement figure of £100.

And the one that worries me is the one from SCS Law. which states
"Unless a response to this letter is recieved within 30 days, we are instructed to issue court proceedings to recover the above sum (£100) and any of our clients legal costs, without further recourse to you. Please see the attached Reply form for details on how to respond to this letter"

"In the Event that a County Court Judgement is obtained against you and payment is not made, our client will consider all enforcement options, which shall result in further legal costs, including but not limited to

Instructing County Court Baliffs/High Court Enforcement Officers to attend your address and remove goods to the value of the debt and costs owed.

Applying for an attachment of earnings order, requiring your employer to deduct sums from your wage and pay them directly to our client."

Should i still ignore these? Again i will keep posted if anything changes

thanks again

Lee

Coupon-mad

That's a LBC and you need to reply to it (not fill the forms in). Newbies thread covers this.

KeithP

Looks like a Letter Before Claim to me.

Post #2 of the NEWBIES FAQ thread offers complete guidance on how to robustly respond to that letter.

Hip7559

Thanks, i'll take a look.
My concern is i was parked here, it was only through being instructed by Travel lodge i thought i wouldn't need a ticket as it were midnight. (figured they had peak hours).

Ill use a template and send to them and see how it goes.

Thanks again.

Lee

Coupon-mad

Just don't use the old one that tells them they haven't complied with the 1st October PAP and haven't sent reply forms/allowed you 30 days. You know they have!

Hip7559

Sorry to be a pain, would this be sufficient? Wasnt sure to put travel lodge in or excuses. Just kept it as it is


Dear Sirs,

Thank you for your letter of Ref xxxxx Car Reg: Mxxxxx

When your client's debt collectors first started contacting me, I asked them for details of the basis upon which money was being claimed, including all photographs taken of the vehicle at the relevant time. Extraordinarily, I had been given photo!!!8217;s during the day and some with a camera using flash by Britannia on the 8th January.


You have now sent a Letter Before Claim. However, your letter contains insufficient detail of the claim and, again, fails to provide the photographic evidence which I requested as long ago as January 2017, It does not even say what the cause of action is. Nor does it contain any mention of what evidence your client intends to rely on, or enclose copies of such evidence.


This action 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 (and with which your client, a serial litigator of small claims, must also be familiar). 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. Your client cannot simply refuse to provide the relevant information until this gets to court.

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

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. I will draw to the court the fact that I have expressly requested this information since as early as [date or month/year of first request] yet your client has refused to provide it, saying that it will not do so until this matter reaches the court.


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
Lee Jones

Hip7559

That copy and paste wasn't great.

Hip7559

Hi guys, with the help of this website i have kept my cool and not gone into a blind panic (so thank you for your help)
I have received this letter from SCS Law;

We write further to our previous letter Before Claim sent to you dated 27th April 2018

As no agreement has been reached between the parties, our client, Britania Parking Group Ltd, has instructed us to issue count court proceedings to recover the unpaid packing charge notice after 14 days from the date of this letter.

Please treat this letter as the required notice pursuant to paragraph 8.2 of the Pre-Action Protocol for Debt Claims

For details on how we use your personal data, please see our privacy Notice which is located at

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Yours sincerely
SCS Law

Should i still ignore?