Newcastle Airport Fine

waamo

WendyJo wrote: »

I understand I am not to the point of defending yet and that I am not admitting it. I am not sure what to say to them as yet, can't see that on the group thread, maybe I'm just missing something

Try reading this post https://forums.moneysavingexpert.com/showpost.php?p=75930005&postcount=222

WendyJo

OK, so I do not defend, but tick contest jurisdiction once the court stuff arrives. I am still not sure what I send to BW to try and stop it before it gets to that?

waamo

WendyJo wrote: »

OK, so I do not defend, but tick contest jurisdiction once the court stuff arrives. I am still not sure what I send to BW to try and stop it before it gets to that?

Tell them what you plan to do and also tell them they will be liable for the £100 fee it incurs.

Coupon-mad

It costs a court fee of £100 which you can ask the court to award back to you and against the Claimant. Earlier in that UKPPO group thread, the EXACT words to use in the application are spelt out.

What to say to BW Legal is surely obvious now.

You want them to jump once they see you know what to do, so fire at them. Show us your draft, once you have properly read the thread from the start.

WendyJo

Hi,


Here is a letter I have found, would this be OK to send, obviously with the details of my case at the top.


Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon.

Your client must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with.

Your letter lacks specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct and the new Pre-Action Protocol for Debt Claims (paragraphs 6 and 7) Please treat this letter as a formal request for all of the documents / information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.

As solicitors you must surely be familiar with the requirements of both the Practice Direction applicable pre-1 October and the Protocol which applies thereafter (and your client, as a serial litigator of small claims, should likewise be aware of them). As you (and your client) must know, the Practice Direction and Protocol bind 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. It is astounding that a firm of Solicitors are sending a consumer a vague and unevidenced 'Letter of Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol.

Nobody, including your client, is immune from the requirements and obligations of the Practice Direction and now the Protocol.

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 vehicle was parked, for how long, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. Is the claim for trespass? If so, provide details.
7. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1; establishing yourself as the creditor;
8. A plan showing where any signs were displayed
9. Details of the signs displayed (size of sign, size of font, height at which displayed0
10. Provide details of the original charge, and detail any interest and administrative or other charges added

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) ; 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 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

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.”

KeithP

That response is somewhat dated.

waamo

That does not tell them you intend to contest jurisdiction or tell them you plan to claim the costs back from them.

Put it into your own words and keep it simple.

Coupon-mad

Stop looking for a template. That one is so old, it's drawing its pension.

WendyJo

OK, cheers, will work something out.

WendyJo

Ok,


I've been very short and to the point here...




I am writing regarding letter dated xxxx regarding PC xxx


I believe that the amount claimed is excessive and unlawful, and an abuse of process. If this is taken further I will contest jurisdiction and claim any costs back from yourselves.