Pre-Action Notice/Letter Recieved

unbeatable

Hi All

I just received a Pre-Action Letter (Pre-Action Protocol for Debt Claims) from one of the parking companies.
They are registered on the International Parking Community.

I got the letter showing my full name and a very old address (i still have access to this address).

The car has been sold over 7 months ago.
But now the claim is showing a recent date (May)

They are claiming I was issued several "Parking Charge Notices" which amounts to a figure closer to £1,000.

They have included in the figure, cost of passing it to collections department and another for the issuance of the PCN.

They didnt include any documents on which they rely on for the claim. (Which i think is rubbish)

Questions

What are my next steps for the PAP form they sent?

Any help will be appreciated.

I am fully geared up to deal with these guys.

Cheers
UNBEATABLE

KeithP

Who is the parking company?

Who sent the letter?

Your starting point should be post #2 of the NEWBIES FAQ sticky thread where you will find comprehensive guidance on how to deal with a Letter of Claim - if that is what you now have.

Coupon-mad

The car has been sold over 7 months ago.

That is irrelevant.

What are my next steps for the PAP form they sent?

As set out in NEWBIES PLEASE READ THESE FAQS FIRST, back where you hit 'new thread'.

unbeatable

KeithP wrote: »

Who is the parking company?

Who sent the letter?

Your starting point should be post #2 of the NEWBIES FAQ sticky thread where you will find comprehensive guidance on how to deal with a Letter of Claim - if that is what you now have.

NPM - National Parking Management

I have looked in the NewBies see below my letter in response to the Pre-Action Conduct

unbeatable

Hi All I have decided to respond with the below. I just need some thoughts before i send it off.

Dear Sirs,

I am in receipt of your Letter Before Claim of XXXDATED.
Your letter contains insufficient detail of the claim and fails to provide copies of evidence you place reliance upon.

You 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 (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2.
Please treat this letter as a formal request for all the documents / information that the protocol now requires you to provide. You 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 you to comply with its pre-action obligations, and when costs come to be considered.


As solicitors / parking management company you must surely be familiar with the requirements of both the Practice Direction applicable pre-1 October and the Protocol which applies thereafter (and you, as a serial litigator of small claims, should likewise be aware of them). As you 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 you are sending a consumer a vague and unevidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol.

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

I require you 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. Wwhether 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 displayed)
10. Provide details of the original charge, and detail any interest and administrative or other charges added
11. Provide a copy of the Information Sheet and the Reply Form


If you do 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 you 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 you have complied with these 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 you to issue proceedings. Should you 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

I have used You (referring directly to NPM) as the letter can directly from them

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

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

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

unbeatable

Can anyone help me with my composed letter to Parking Company above?

nosferatu1001

What help do you need?
Have you checked it is up to date yourself? Any specific concerns?
that gets a far more considered repsonse than expecting us to go through something you copied and pasted and HOPEFULLy changed in unknown ways to see if it can be improved...

unbeatable

Hi All

I sent the above letter to the Parking Company "as it is" and I got a reply back as below. I wanted to ask if you know the next steps.

Thank you for your letter dated the XXXXXX
I have enclosed the PCN's we are intending to procced to with court unless we can, of course settle this matter beforehand.
The points you have requested are as follows;
1. We are looking to proceed with court actions if we are unable to settle this matter outside of court.
2. We are pursuing you as the keeper of the vehicle as you have not appealed or transferred the liability of the vehicle.
3. We do rely on the provisions of Schedule 4 from the Protections of Freedoms Act 2012
4. I have included each PCN with this letter, it has the details you have requested. Which include how the monies have been calculated. shave also included the letters that have been sent to you from our external collections agents ZZPS which they would have sent to you at the time
5. I have included a copy of the sign on the land which is the contract you agreed to by parking on the land in question.
6. The claim is for Trespass as you were on private land and did not adhere to the terms and conditions on the signage.
7. We do have a copy of the contract between ourselves and the landowner but are unable to send you this due to data protection. We will however, bring one to the court on the day if it goes this far.
8. I have included a photo of the site plan.
9. I have sent a photo of the sign, if you would like the other details such as height and size of font etc then you are welcome to go to the site to do so to enable you to form a defence.
10. As I have stated previously , I have included the letters from ZZPS which have the details you require on
I hope this had made things clearer for you

unbeatable

Hi All

I was able to send the above letter in response to the LBCC which I received. Then Parking Company responded with the below letter.

Thank you for your letter dated the XXXXXX
I have enclosed the PCN's we are intending to procced to with court unless we can, of course settle this matter beforehand.
The points you have requested are as follows;
1. We are looking to proceed with court actions if we are unable to settle this matter outside of court.
2. We are pursuing you as the keeper of the vehicle as you have not appealed or transferred the liability of the vehicle.
3. We do rely on the provisions of Schedule 4 from the Protections of Freedoms Act 2012
4. I have included each PCN with this letter, it has the details you have requested. Which include how the monies have been calculated. shave also included the letters that have been sent to you from our external collections agents ZZPS which they would have sent to you at the time
5. I have included a copy of the sign on the land which is the contract you agreed to by parking on the land in question.
6. The claim is for Trespass as you were on private land and did not adhere to the terms and conditions on the signage.
7. We do have a copy of the contract between ourselves and the landowner but are unable to send you this due to data protection. We will however, bring one to the court on the day if it goes this far.
8. I have included a photo of the site plan.
9. I have sent a photo of the sign, if you would like the other details such as height and size of font etc then you are welcome to go to the site to do so to enable you to form a defence.
10. As I have stated previously , I have included the letters from ZZPS which have the details you require on
I hope this had made things clearer for you

I will be happy if I can get ideas on my next steps.

Coupon-mad

6. The claim is for Trespass as you were on private land and did not adhere to the terms and conditions on the signage.

Hahahahahahahahahahaha...hahahahahahahahahaaaaaaaaaaa!!!!!!!!!!

:T

:T