LBC from SCS solicitors - help

Keeboard

Ok. That sounds like a good idea, but will they accept the holding letter if it reaches on the 21st as opposed to the last day of the 30 day reply period (which is the 20th, tomorrow!). Or can you not 'reject' a holding letter ?

The reason i ask is because as mentioned previously, if a reply has not been sent within the 30 days, they may issue court proceedings, i hope you understand where I'm coming. I'm more worried that the letter wont reach in time than the actual content of the letter itself, even if it's ONE day late. Hence, my question of a grace period when sending a reply.

Is there a template for a holding letter ? Or any examples I can use

Coupon-mad

can you not 'reject' a holding letter

No way will they!

They would be setting themselves up for your Dad's argument that the Claimant and their solicitors had behaved wholly unreasonably and vexatiously if they tried it. And as a solicitor's first duty is to the COURT (that duty comes before their client).

So no, they can't waste court time by not exhausting all efforts to resolve the matter out of court first.

if a reply has not been sent within the 30 days, they may issue court proceedings,

A holding letter saying what I said above, is a reply.

Is there a template for a holding letter ? Or any examples I can use

Nope. Almost no-one here makes offers, so no need for such a letter.

What is it with people wanting a template letter when I already wrote in exact words, what to put?! It's there already.

All Dad needs to add is Dear Sirs and Yours faithfully, his name and address, date and a heading including the PCN number/reference (set out like any letter).

Keeboard

Sounds good.

Don't mean to be annoying or anything, apologies if i did CM. I'm not very apt with legalese and have a mindset that each letter has to be written with legalese hence the template comment.

How come no one sends an offer? Because there is no point and they WILL reject the offer?

Ok great! So i will send a holding letter and will keep you updated on further information or question i may have.

Thanks a million CM!

Coupon-mad

You are not annoying; I have 4 teen/twenties adult kids who are used to my quirks and I work in a school, so forgive me if I like to say to people that they need to do their own research/work, hence my comment 'Google it'!

How come no one sends an offer? Because there is no point and they WILL reject the offer?

Because no-one wants to pay the scum, even MPs have woken up and smelt the coffee:

https://forums.moneysavingexpert.com/discussion/5787731

As it says in the NEWBIES thread, and I hope your Dad knows this, the parking *industry* is skating on thin ice in 2018. These are some of the comments made by the MPs in Parliament concerning the unregulated parking industry (Feb 2018):

https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

Keeboard

You are totally on the ball. More independent research is a required so people are aware.

I hope that they reject the offer in that case! Dad's been reading these so he'll get to know very soon.

Hope MP's actually do something about this, rather than just debate, but its progress regardless.

KeithP

Did you watch the video that The Deep provided in post #3 above?

Here's the link again:

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

Unanimous cross party support for the second reading of the Private Member's Bill.

It really is both informative and entertaining (to some extent).

Keeboard

Hi CM,

Hope you are well.

Just an update on the current situation since my last post.

I sent a part 36 letter, and surprise surprise, they rejected the offer! However they are offering a settlement much less than the initial amount stated on the LBC, but still not worth settling for since its much more even if we DID lose in court.

In the letter, they have stated to let them know whether to accept the offer within the allocated time period, or the offer will be withdrawn.

My question is, can i reject and offer a new amount? Or just reject the offer, and if rejected does it automatically mean court since the letter doesnt mention if i reject then they'll issue court proceedings.

They have actually stated that they wish to avoid the matter proceeding to court.

Thanks,

Keeboard

nosferatu1001

Reject and offer a drop hadns, on the basis they have no prospect of success,and you will have cause to claim full costs from them for unreaosnable behaviour under CPR27.14(2)(g), so this offer has real balue for them.

System

Reject and offer a drop hadns, on the basis they have no prospect of success,and you will have cause to claim full costs from them for unreaosnable behaviour under CPR27.14(2)(g), so this offer has real balue for them.

Wouldn't mention CPR27.14(2)(g) if I were the OP.

AFAIR this came back and bit a group of OP's when it was mentioned in another case. If it gets introduced it might be considered as the law is two way.

Keeboard

nosferatu1001 wrote: »

Reject and offer a drop hadns, on the basis they have no prospect of success,and you will have cause to claim full costs from them for unreaosnable behaviour under CPR27.14(2)(g), so this offer has real balue for them.

Offer a drops hands?

I googled CPR27 but cant find sub para 14. Could you provide a link to this please?

What part is actually unreasonable?