Penalty Charge Notice issued at Sennen Cove Beach car park for not displaying a valid ticket

69jase

Umkomaas said:
If you mean simply attaching the pdf file I linked you to, then definitely no. You have to work through its contents/guidance and attach the documents the PAP requires you to send to the Defendant. Screw this part up and you'll find yourself already starting on the back foot, especially when solicitors might be involved. 

Read it thoroughly. 

Sorry I was not very clear. I was referring to attaching a copy of the Information Sheet and the Reply Form, rather that their contents needing to be incorporated in the main body of the email. I will review the PAP, particularly Section 3, and ensure the Letter Before Action is in line with the protocol.
I have included payment details/instructions and the address to which the completed Reply Form should be sent, i.e. my home address or via my email address. A few questions I do have is regarding whether I need to:

• Include an 'up-to-date statement of account for the debt' or is just stating a sum of £300 is due to be paid and the reason why in the LBA sufficient in this case?;
• Linked to the previous point, do I also need to be explicit with stating in the Letter of Claim 'the amount of interest incurred and any administrative or other charges imposed since the debt was incurred'?;

69jase

Castle said:

The PAP only applies to a business claiming payment of a debt from an individual. 

Many thanks and apologies for my apparent ignorance, but what does this mean in terms of my LBA, its alignment to the protocol, attaching a copy of the Information Sheet and the Reply Form, etc.?

Fruitcake

I'll let the more legally knowledgeable posters comment about your LBA, but whilst you are at it, have you considered sending a complaint to the ICO about the data breach?

With regards to the LBA, if you want to be cheeky you could copy and paste their comments about getting a CCJ and how it would affect their credit and ability to obtain a mortgage etcetera.
You could also include an income and expenditure form of your own as well. 
I'm not sure how well this would sit with the courts, but what is sauce for the goose is sauce for the gander after all.

69jase

Just to give an update, I have just this minute received a response to my complaint I sent yesterday to my local MP stating 'Thank you for your recent email. I have contacted the relevant Government Minister about the practices of BW Legal and KBT Cornwall Ltd.'.

69jase

Castle said:

The PAP only applies to a business claiming payment of a debt from an individual. 

Section 1 of the Pre-Action Protocol For Debt Claims states ...
'This Protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader). The business will be referred to as the “creditor” and the individual will be referred to as the “debtor”. This Protocol does not apply to business-to-business debts unless the debtor is a sole trader.'
Also, the Citizens Advice 'Making a small claim' (https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/making-a-small-claim/) state the following, but do not appear to mention Pre-Action Protocol For Debt Claims:

'Your letter should include:

• your name and address
• a summary of what’s happened
• what you want the person or business to do about it
• how much money you want - like the cost of repair or a replacement - and how you’ve calculated that amount
• a deadline for reply - usually 14 days
• that you’ll start court proceedings if you don’t get a reply

You should also say that you and the defendant both have to follow the court’s rules on what to do.'

Half_way

The GDPR regulations introduce personal liability, that is the individual could be liable as opposed to the company they work for/represent. couple that with the principal is jointly liable for the actions of its agents, then there could be some fun to be had with GDPR and PPC data breaches/data misuse

Umkomaas

Notwithstanding Castle's always good advice, I'd just adapt the PAP forms by changing reference to 'the business' to 'me', or 'I', especially those that require them to agree or otherwise that the debt is owed, as well as advising them to consider taking legal/debt advice. 😄. Pile on the pressure. 

Your MP's reply isn't very exciting, he's basically kicked the can further down the road (and cleared your complaint off his desk). Why not thank him for his action and ask him what he anticipates from the referral, and by when he has requested a response from the Minister. Ask whether he will be progress chasing the case, and by when you can expect a response from him.

KeithP

@Umkomaas, the first paragraph of the PAP states:

1 INTRODUCTION
1.1 This Protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader). The business will be referred to as the “creditor” and the individual will be referred to as the “debtor”. This Protocol does not apply to business-to-business debts unless the debtor is a sole trader.

There is no need for the OP to even mention the PAP. Certainly no need to send forms.

Umkomaas

KeithP said:

@Umkomaas, the first paragraph of the PAP states:

1 INTRODUCTION
1.1 This Protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader). The business will be referred to as the “creditor” and the individual will be referred to as the “debtor”. This Protocol does not apply to business-to-business debts unless the debtor is a sole trader.

There is no need for the OP to even mention the PAP. Certainly no need to send forms.

I understand that. It was just that it would be fairly simple to add an attachment to his email to give them an extra bit of hassle to deal with. And especially throwing their own words back at them - the same ones they use in their LBAs. 

69jase

A further revision below 
I received a generic email from the IPC today regarding the Independent Appeals Service (IAS) providing motorists with the ability to appeal parking charges and giving advice on making an appeal at the various stages of the process. Hoping the complaint letter to Mr Hurley has not simply been passed off.

LETTER OF CLAIM

Dear Sirs,

I refer to the attached Notice of Discontinuance, General Form of Judgement or Order, and your legal representative’s recent correspondence via email and post, dated 30th March and 30th April, respectively, and a further reminder email on 13th May, in respect of Claim NumberReference (****).

The claim was struck out by my local County Court as the particulars did not comply with CPR 16.4(1)a.

This was a breach of GDPR and caused me and my family undue anxiety and distress. Your legal representative’s recent correspondence is a further breach of GDPR and SRA principles, and also of Section 2 of the Fraud Act 2006.

I have been forced to spend a significant number of hours over the period of a year researching the law, other cases, and preparing my defence for the court hearing at each stage of the process as a result of your ill-founded action against me. A sum of £300 is now due to be paid within 14 days. 

Payment can be made to the following account:

• Bank:
• Account Name:
• Sort Code:
• Account No.:   

Should payment not be received by xx/xx/2020, I reserve the right to commence legal proceedings against you without further notice.

If payment is not received following a County Court Claim, a County Court Judgement (‘CCJ’) may be entered against you. If a CCJ were to be entered, it would be recorded on your credit file for 6 years unless you pay the Judgement debt in full within a month of the CCJ being entered. A CCJ on your credit file may affect your ability to obtain future credit.

If a CCJ were to be entered and you fail to comply with the CCJ order, I may apply to the County Court to take further enforcement action, which you would be notified of separately.

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for Court proceedings to be issued.

In closing, I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraphs 13-16, which set out the sanctions the court may impose if you fail to comply with the Practice Direction, including failing to respond to this letter before claim.

You can contact me via email at ....

I look forward to hearing from you by **/**/2020.

Yours faithfully,

Thank you again for the advise regarding the PAP. I came across the following, which gives me further clarity in relation to the requirements of individuals ... 'The protocol applies to “any business (including sole traders and public bodies) claiming payment of a debt from an individual (including sole trader).” Therefore, it will cover a lot of claim for unpaid invoices.

It will not therefore, strictly apply to people pursuing companies or partnerships for unpaid money. However, the courts still expect compliance with the practice direction on pre-action conduct in those circumstances. At the very least, in those circumstances the court will expect a letter of claim to have been sent with a reasonable opportunity to reply provided.'