LBC response letter advice please?.

Dudleydave

To cut the old long story short, a few months ago I received a parking charge from NCP stating I was parked longer than I paid for, my excuse?
I had to go to a nearby cafe to get change for the machine as my card wouldn't work, the machines fault or my card I do not know, then I paid what I thought was the maximum amount available but still managed to be slightly late returning apparently, and overstayed by 15mins or so..kids!

Anyway rightly or wrongly Ive not responded to that or the subsequent letters (mistake now I fear)

It has now reached the stage that I have just received the letter below from gladstones. The amount they want from me now is an extortionate £170.



Hi,

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

The contents of which you are probably very familiar with, ‘we have now been instructed to commence legal action ‘ if the outstanding debt is not paid in full’
Then the paragraph...
If you believe you have a valid reason for non payment, you are able to reply pursuant to paragraph 4 of the pre-action protocol for debt claims under the civil procedure rules 1998 (the PAP)
A version of the information sheet and reply form taken from the PAP can completed on our website gladstonessolicitors. Before completing the the online form you must create a login......alternatively you can request a paper version.
We refer you to paragraph 2.1(c) of the PAP which obliges the parties to act reasonably and proportionately.
Then goes on to say I must reply within 30 days


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

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.

nosferatu1001

The above sounds good

However is this definitely NCP? THeyve not gone near court in a very very long time!

KeithP

So we now have three threads on this issue.

Dudleydave, please stop creating new threads.

Please stick to one thread all the way through. As you were advised earlier, no-one is going to chase through all you older threads looking for detail.

As before, let this thread die and continue with your original thread.

Dudleydave

Yes it is definitely NCP via Gladstones of course.

Dudleydave

Actually I did try, my other thread didn!!!8217;t seem to be getting responses so I started this one, sorry if I!!!8217;ve overstepped the thread protocol.

Can we please stick to this one now, it makes more sense anyway.

Cheers

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

nosferatu1001

The advice - direction, in fact - was that you needed to post this on the proper thread. People will not support 2 or 3 threads trying to find info. Its a waste of everyones time.

Dudleydave

OK I appreciate that, my only excuse is that I do this on my phone, not the easiest of tasks, cut me a little slack please?