BW Legal ringing family members

clairey262

Yes I know, i've read the newbie thread. My question is do I respond with a question of evidence first or do I send the draft on the newbies thread about ANPR in handling data ?

Umkomaas

Please switch off your 'Smart Punctuation' on your iPhone/iPad to avoid the littering of your posts with !!!!8820; and the like, as every apostrophe and some other punctuations convert to exclamation marks and numbers.

It will remove anything similar from any future posts you make, but unfortunately copy and pastes of other people's inputs will still carry the fault and will need to be tidied manually.

Go to 'Settings' > 'General' > 'Keyboard' > 'Smart Punctuation' and flick the switch off.

Switching off seems to have no detrimental affect on any other use of the keyboard.

Quentin

clairey262 wrote: »

Yes I know I!!!8217;ve read the newbie thread. My question is do I respond with a question of evidence first or do I send the draft on the newbies thread about ANPR in handling data ?

Read #2 in the FAQ


Rebuttal of a LBCCA involves asking for the evidence etc as well as rebutting the points raised in the LBC

clairey262

Thankyou I have done this.

clairey262

This is my LBC draft reply but before I send I want to send a letter of evidence but can not find it in the LBCCA section. Anyone possibly send me a link please?

To whom it may concern,


I am in receipt of your Letter Before Claim dated 6th August 2018

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 (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 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 before 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, provide a copy of that contract bearing my signature. Or is the claim for trespass? If so, provide details.
6. 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
7. a plan showing where any signs were displayed
8. details of the signs displayed (size of sign, size of font, height at which displayed)
9. Details of the additions to the original charge, what that represents and how it has been calculated.


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.

Yours Sincerely,

clairey262

Also just read the complaints section.. all the complaint advice is for the land owners who are retail/hospitals etc would I stand a chance if the NCP carpark has recently been purchased by the local council? Or would the council refer me back to NCP?

beamerguy

clairey262 wrote: »

Also just read the complaints section.. all the complaint advice is for the land owners who are retail/hospitals etc would I stand a chance if the NCP carpark has recently been purchased by the local council? Or would the council refer me back to NCP?

You must stand to your ground on this.

DroppIng the word SCAM into the conversation does help.

Something councils dread to hear

clairey262

Why would the local council think it's a scam if they rent their land out to ncp? Surely they would just say I need to bring it up with ncp ?

beamerguy

clairey262 wrote: »

Why would the local council think it's a scam if they rent their land out to ncp? Surely they would just say I need to bring it up with ncp ?

You miss the point ...... nobody is asking if the council
thinks it a scam, YOU DO and as they rent to NCP then
you refer to this as a scam

clairey262

Ooh ok.... thanks