LBC from SCS solicitors - help

Keeboard

IamEmanresu wrote: »

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.

Also if i reject the offer, do i need to provide a reason for rejecting, if I don't offer another settlement?

KeithP

Keeboard wrote: »

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

Start here:

CIVIL PROCEDURE RULES - PART 27 - THE SMALL CLAIMS TRACK

Coupon-mad

The forum works best for you, when you search it, not ask questions that would be resolved in a split second by putting in the obvious keywords ' drop hands ' (drops hands isn't even English).

How to search the forum:
Use the Forum Jump button (one near the top and one near bottom of this page) to get back to the forum thread list. Just above the threads, on the right, is a heading along a line, next to forum tools, called 'Search this Forum'.

Put your key word(s) in and - IMPORTANT - change the default search to 'Show Posts'.

So, now go and find a drop hands offer...please. Don't expect us to find everything and spoon feed you links, not least because it means you still are not getting the best from this forum, for YOU.

Keeboard

Thanks for the advice CM.

After searching the 'drop hands' offer on this forum, I see a lot of people who have sent this letter have a clear reason to send this to the claimant, since the claimant had no real basis to their case, even under CPR27. 14(2)(g). However, this may not be true for my case.

In my case, what i feel was unreasonable from the claimant was that they didn't comply with POFA 2012 when sending an LBC, and having to ask for it. When evidence was sought for and sent, pictures of signage was blurry etc as mentioned on this thread. Is that enough for a drop hands?

I will draft a drop hands letter using previous letters previous posts minus mentioning CPR27.14(2)(g) since I don't want his biting back in court, unless the evidence sent have unreasonable claims?

Coupon-mad

they didn't comply with POFA 2012 when sending an LBC,

There are no POFA rules about sending a LBC. Do you mean the PAP rules from 1st October?

I will draft a drop hands letter using previous letters previous posts minus mentioning CPR27.14(2)(g) since I don't want his biting back in court, unless the evidence sent have unreasonable claims?

You can mention CPR27.14(2)(g) if you like, nothing bites you back in court and the Judge will have expected the parties to negotiate, and a drop hands offer is negotiation.

Mark it 'without prejudice, save as to costs' at the top, then it can't be used at the hearing except when it comes to costs at the end.

Keeboard

Coupon-mad wrote: »

There are no POFA rules about sending a LBC. Do you mean the PAP rules from 1st October?

You can mention CPR27.14(2)(g) if you like, nothing bites you back in court and the Judge will have expected the parties to negotiate, and a drop hands offer is negotiation.

Mark it 'without prejudice, save as to costs' at the top, then it can't be used at the hearing except when it comes to costs at the end.

Yes, sorry i meant the PAP.

Great, I'll draft one up now.

Keeboard

Here is my draft of my drop hands settlement. Any suggestions?

Dear Sirs,

Without Prejudice !!!8211;Save As To Costs

I write in relation to your letter dated 09 April 2018.
I reject your settlement offer of £xxx and in return offer to settle to !!!8220;drop hands!!!8221; with each party bearing their own costs. I maintain that this claim has no basis, especially with the poor evidence provided prior to request as required of the previously applicable Practice Direction !!!8211; Pre-Action Conduct and the new Pre-Action Protocol for Debt Claims.
More specifically, the photo evidence provided dated 18 February 2018 do not show the terms on the signage and it can't be assumed that the driver would have read & agreed to a penalty that was not legible.
Moreover, the fact they have taken several photos in the space of just ONE or TWO minutes only, appears to be predatory, allows no period of grace and call for the Claimant to discharge their burden to evidence that the driver was not either:
- reading or seeking out signage terms within a reasonable ten minute 'grace period', or
- fetching a permit from an adjacent building within the grace period after arrival, or
- in fact considered 'authorised' since the only large lettering that is readable just says 'no unauthorised parking' and does not define that, nor show any legible 'parking charge' at all, according to the blurry evidence
A 2012 photo being included appears to be completely frivolous and misleading, and cannot be taken to be the same as the terms that applied years later, given that parking law and regulations had changed in the meantime (i.e. the POFA 2012 Schedule 4 about 'keeper liability' was enacted at the end of 2012 and the BPA Code of Practice was updated several times in the intervening years, especially regarding the rules on clear signage and the sections about the mandatory grace periods
Therefore, be advised that should you continue to pursue this, I shall seek to claim the costs of my defence and additional costs for unreasonable conduct pursuant to CPR Part 27.
In light of the above, along with the other points raised in my defence, this claim has no realistic prospect of success and the claimant is invited to withdraw the claim with no order for costs. This is a "drop hands" offer to settle with each party bearing their own costs. The offer is available for acceptance for a period of 14 days from the date of this letter.
The terms of the offer have value to the claimant insofar as the defendant will not seek his costs of defending the action, where recoverable and will not pursue any additional but related claim(s) in connection with this matter.


Yours faithfully,

Keeboard

Is this ok to send out? Suggestions?

nosferatu1001

You left less than 12 hours, from late on a sunday until early on a monday

Give people a chance!

For me, its messy and quite long.

Keeboard

Sorry. Today is the day I have to send off the letter as period runs out. I have been very busy unfortunately, and I know that's not an excuse.