Parked on Private Property (QDR Solicitors)

The_Deep

Pay these scammers nothing, read this

http://parking-prankster.blogspot.co.uk/2016/02/civil-enforcement-limited-discontinue.html

they are all wind and urine.

greenbluegreen

Thank you Quentin,

"5 Reply to the LBC / LBCCC / LBA - make use of the Practice Direction and fight back!


The first thing to be aware of is that you have 14 days to Acknowledge the LBCCC. After that, the PPC can start proceedings without further notice, so keep the 14 days in mind, and read on.... "

- In my letter it says about settling the matter/responding to in 30 days instead of 14, do I still keep in mind the 14 days as advised?

"4 Make a 'without prejudice offer' - see post 12 for more info" - So your advise is to skip this step?

Many thanks,

greenbluegreen

The_Deep wrote: »

Pay these scammers nothing, read this

Link

they ate all wind and urine.

This is disgusting. I will try not to break and fight back, still very unsure if I can deal with it. Reading the process at the newbie forum, hopefully I will gain the required knowledge and get this canceled.

Quentin

greenbluegreen wrote: »

Thank you Quentin,

"5 Reply to the LBC / LBCCC / LBA - make use of the Practice Direction and fight back!


The first thing to be aware of is that you have 14 days to Acknowledge the LBCCC. After that, the PPC can start proceedings without further notice, so keep the 14 days in mind, and read on.... "

- In my letter it says about settling the matter/responding to in 30 days instead of 14, do I still keep in mind the 14 days as advised?

"4 Make a 'without prejudice offer' - see post 12 for more info" - So your advise is to skip this step?

Many thanks,

Where are you quoting this from?? Cannot be the FAQ. Post 12 is an irrelevant post and not concerned with any without prejudice correspondence

30 days to respond to a lbcca is correct.

Don't make any offers

Coupon-mad

I was reading about an option to make an offer to CEL - an amount that I can afford and consider fair, how do I go about this option?

You don't. We DO NOT tell you to do that, anywhere on the forum.

No idea where you are getting that rubbish from, hopefully NOT from some MSE article?

We ALWAYS beat CEL by defending their worthless claims and they discontinue, no hearings.

greenbluegreen

I just found the following, is that sufficient and appropriate to send to CEL?

ASKING THE PARKING COMPANY FOR FURTHER AND BETTER PARTICULARS
AMEND THIS TEMPLATE FOR YOUR OWN CIRCUMSTANCES

Dear Sirs

REQUEST FOR FURTHER AND BETTER PARTICULARS

Regarding your letter of xx/xx/xx it is necessary to ask for more information regarding a purported debt to yourselves. Your letter is woefully insufficient for me to form an opinion of the legality of your claim. As such, please answer the following questions. Please respond, in full, within 14 days. Failure to respond will be recorded and shared during any future court proceedings.

Standing to bring a Claim

1. Please identify the landowner or occupier from whom you say you derive your authority to operate.

2. Please confirm you can demonstrate a clear chain of authority from the landowner/occupier either by way of a written authority contract, deed or lease.
(a) That this/these document(s) is/are in your possession or if not when they will be.
(b) That such document(s) are available for inspection and if not when they will be.
(c) That copies of the document(s) can be provided and that the originals will be available at court.

I require this information to help narrow down the issues in line with the Civil Procedure Rules overriding objectives. In addition, the DVLA requires you to have such information to support any request to their Keeper database. As such the information should be reasonably simple to access.

Breach of Contract?

3. What is the basis of the claimants claim?
(a) An agreed contract?
(b) A breach of contract?
(c) Trespass?

4. If 3.a or 3.b, what is your legal capacity to offer parking at the location? And how is that supposed contract created, by sign, by permit or by some other means?

5. If 4.c what is your legal capacity if not the land-owner or lessee?

I require this information to help narrow down the issues in line with the Civil Procedure Rules overriding objectives. In addition, the DVLA requires you to have such information to support any request to their Keeper database. As such the information should be reasonably simple to access.

The Contract

6. If it is your case that the claim is based in contract and that such a contract was conveyed by way of signs displayed at the location please confirm the following:
(a) That you are able to produce a copy of all the various signs at the location as they were on the date the PCN was issued, indicating the various text point sizes together with a map or plan showing where they are deployed on site.
(b) A schedule of works/maintenance showing how and when such signs on-site were repaired, replaced and cleaned etc.
(c) Full proof that the signage complied with the relevant Code of Practice on the date the PCN was issued.

I require this information to help narrow down the issues in line with the Civil Procedure Rules overriding objectives. In addition, the DVLA requires you to have such information to support any request to their Keeper database. As such the information should be reasonably simple to access.

Evidence of a Contract, Breach of Contract or Trespass

7. Please confirm whether it is your intention to adduce photographs and or video footage of the relevant event and:
(a) That such photographs and/or footage is in your possession and if not when it will be?
(b) That such photographs and/or footage are available for inspection and if not when they will be?
(c) That copies of the photographs and/or footage can be provided and that all the originals will be available at court.

I require this information to help narrow down the issues in line with the Civil Procedure Rules overriding objectives. In addition, the DVLA requires you to have such information to support any request to their Keeper database. As such the information should be reasonably simple to access.

Additional Costs claimed

8. Please confirm that you have in your possession an analysis of the costs incurred that form the additional charges included in the claim and:
(a) That copies of such an analysis and other attendant documents upon which the analysis is based are available for inspection and if not when they will be?
(b) That copies can be provided of the analysis and attendant documents and that all original documents upon which you might seek to rely on in this respect will be available at court.

Misuse of Personal Data

9. As you have accessed my personal details via the DVLA, you will be aware that the "reasonable cause" provisions are on the basis that there is a lawful purpose to support the request. Please confirm you agree that if your case fails you will recompense me for damages amounting to £250 for the misuse of my personal data. Acceptance is by performance.

Litigants in Person

I will be defending any claim you intend to make as a Litigant in Person and I wish to alert you to the court's view on how you should approach any such claim. The Law Society has provided guidance and a copy is available for you if you do not already possess a copy.

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU. SERVICE WILL BE DEEMED TO HAVE BEEN EFFECTED ON THE SECOND BUSINESS DAY AFTER POSTING.

Yours sincerely,

[Insert defendant's name]

Coupon-mad

No, where are you getting this from? IMHO it's a pile of rubbish.

Please read the NEWBIES thread.

greenbluegreen

Coupon-mad wrote: »

No, where are you getting this from? IMHO it's a pile of rubbish.

Please read the NEWBIES thread.

Back to square one then - I was thinking the above had some valid points that I can use.

I am reading the newbie tread all day - however I am still confused on how to approach the case. In particular I will have issues with wording my letter, I appreciate that I need to deal with it myself, however I have no confidence of being able to write it on my own with the required words and points that I have to make to stand a chance.

This is taken from bmpa webpage.
Regards

Coupon-mad

Is it really? I am very surprised, not liking some aspects of that at all!

I will have issues with wording my letter, I appreciate that I need to deal with it myself,

No-one is saying you have to write your own letter.

Why don't you just search 'CEL LBCCC' on the forum, and copy the style of all the dozens of other ones we keep churning out and don't want to have to repeat on every thread? It's already here.

Info is here for the taking/copying, nothing is new. ALWAYS search the forum for 2 keywords.

greenbluegreen

Coupon-mad wrote: »

Is it really? I am very surprised, not liking some aspects of that at all!

No-one is saying you have to write your own letter.

Why don't you just search 'CEL LBCCC' on the forum, and copy the style of all the dozens of other ones we keep churning out and don't want to have to repeat on every thread? It's already here.

Info is here for the taking/copying, nothing is new. ALWAYS search the forum for 2 keywords.

I have followed your advise and I found a very well worded text that you've wrote before for someone. Can you advise that this will be suitable for my case.

Re: PCN ref xxxxxxxx

I refer to your recent letter and note that it is described as a 'Letter before Claim', so despite it being non-compliant with the Pre-Action Protocols for the small claims track I will respond formally. I see that you enclosed a generic, misleading copy of a draft claim form in order to threaten and intimidate me but I can assure you this has not worked and will be raised at any court hearing, along with my absolute defence of non-liability.

I have researched the matter and I am fully aware that CEL do not use the POFA 2012 wording. Your NTKs are only vaguely capable of possibly holding a driver liable if you can convince a Judge that there was a contract, very clear signage and (ParkingEye v Beavis style) legitimate interest and reason for this 'out of all proportion' charge.

However, CEL fails on a very clear point:

1. You cannot rely on 'keeper liability' under any applicable law.

You have no cause of action and any claim against me as registered keeper would be unreasonable and vexatious. At least one occupant of the car is willing to act as witness at a hearing, should you decide to take the ill-advised step of a court claim. I intend to claim our expenses and full costs should you now instigate proceedings in the light of the above two facts and will claim the Litigant in Person rate of £19 per hour for my wasted time dealing with any claim.

Please now confirm immediately that the 'charge' is cancelled. If I do not hear from you by Friday 8th July at the latest, I will send a copy of this correspondence to the site Managing Agent and landowners of 169/193 Soho Road, as a formal complaint about the unreasonable actions of their agents against retail customers and their families.

yours faithfully,