Received over 10 tickets, need help!

waamo

If he ignored the claim form the chance of a set aside is nil. Either pay it or live with a ccj. As above if paid sharpish then a ccj will be avoided.

KeithP

,,,remembering of course if he doesn't pay the Claimant can use enforcement methods, e.g. bailiffs, at extra cost to the Defendant.

missyjingles

a very VERY late night sorting papers....
an overall total of 10 tickets

3 letters before claim so far for 6 tickets (some have more than one ticket listed)


So I'm looking at the examples of replies, does it matter that there are multiple tickets on the LBC? I'm assuming husband could only claim poor signage on one ticket, as once he received one ticket, he was then aware of the parking restrictions, but continued to park there anyway?
Should I put a defense together stating the circumstances of the illegal sublet? we have proof that this is true, also proof of the requests for a parking permit from the "landlord" and his replies.

missyjingles

ok, i think I was looking at the wrong examples and that this is the letter I should reply with, I literally copy and pasted it and only edited dates and refs, is this correct?


Gladstones Solicitors
The Terrace
High Leigh Park Golf Club
Warrington
Cheshire
WA16 6AA

30th August 2018

Your Ref:xxxxxxxxxxx

Dear Sirs,

I am in receipt of your Letter Before Claim of 28th July 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, 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 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 faithfully

nosferatu1001

OK - you need to FIRST sort out the CCJ
As pointed out, it must be paid within 1 month of the date of judgement, otherwise it stays on teh credit file for 6 yeasrs, which affects both of you.

The LBAs can be left to one side, for now. WOrk out what youre doing with the CCJ.

missyjingles

nosferatu1001 wrote: »

OK - you need to FIRST sort out the CCJ
As pointed out, it must be paid within 1 month of the date of judgement, otherwise it stays on teh credit file for 6 yeasrs, which affects both of you.

The LBAs can be left to one side, for now. WOrk out what youre doing with the CCJ.

ok, so the CCJ needs to paid by the 1st Sept, assuming there is nothing I can do other that pay it??

Umkomaas

You can't 'appeal' a court judgment unless it was agreed that an appeal could be made by the Judge at the time, or there was an error in law made by the Judge. Because the Judgment doesn't 'suit' is not a reason for 'appeal' by the Defendant.

If you're talking about a set aside application, then it's £255. But given what you've said earlier in the thread, I can't see any good reason for the judgment to be set aside (but I'm not a Judge!). But, if the set aside application is not granted, you lose the £255 and the original judgment stands. Seems like a lot of money to get nowhere.

missyjingles

Umkomaas wrote: »

You can't 'appeal' a court judgment unless it was agreed that an appeal could be made by the Judge at the time, or there was an error in law made by the Judge. Because the Judgment doesn't 'suit' is not a reason for 'appeal' by the Defendant.

If you're talking about a set aside application, then it's £255. But given what you've said earlier in the thread, I can't see any good reason for the judgment to be set aside (but I'm not a Judge!). But, if the set aside application is not granted, you lose the £255 and the original judgment stands. Seems like a lot of money to get nowhere.

ok, so take it on the chin, pay and concentrate on others?

Umkomaas

missyjingles wrote: »

ok, so take it on the chin, pay and concentrate on others?

If it's settled on time, that will ensure there's no credit trashing from this particular CCJ.

missyjingles

So is this the correct reply to send for the other letters before claims? I copy and pasted this and wll only change dates and references



Gladstones Solicitors
The Terrace
High Leigh Park Golf Club
Warrington
Cheshire
WA16 6AA

30th August 2018

Your Ref:xxxxxxxxxxx

Dear Sirs,

I am in receipt of your Letter Before Claim of 28th July 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, 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 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 faithfully