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UKCMP and Countrywide Parking Residential Parking ticket

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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    nope, if it says contact DRPL then DRPL sent it, with a reference of a 3 and not a 1 ?


    DRP use pimped out letterheads to try to fool people like yourself


    NEVER CONTACT DRPL , not at all


    a real GLADRAGS letter comes from their office at the golf club near Knutsford , and will say pay them , not DRPL
  • ts6789
    ts6789 Posts: 52 Forumite
    I will ignore the DRPL letters, thank you.

    But what about the BW letter? Should I respond to them and will the following be sufficient - I have pulled this from LoadsofChildren123 (although it is April 2017). Should I refer to my initial appeal of the ticket?

    Dear Sir/Madam,

    Thank you for your Letter Before Claim. However, your letter contains insufficient detail of the claim and fails to provide the photographic evidence, or notify the cause of action Nor does it contain any mention of what evidence your client intends to rely on, or enclose copies of such evidence.

    This action on the part of your client is a clear breach of its pre-action obligations set out in the Practice Direction - Pre-Action Conduct, with which as solicitors you must surely be familiar (and with which your client, a serial litigator of small claims, must also be familiar). As you (and your client) must know, the Practice Direction binds 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.

    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 car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed)
    5. a copy of the contract with the landowner under which they assert authority to bring the claim
    6. a copy of any alleged contract with the driver
    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. If they have added anything on to the original charge, what that represents and how it has been calculated.

    I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

    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.

    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 etc.
  • Umkomaas
    Umkomaas Posts: 43,438 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have you two separate PCNs? You really need a separate thread for each, otherwise you're going to get confusing advice that will not help you one iota.

    Split them up.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 152,861 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Never THANK a scammer for a Letter of Claim!

    No thanks...!!

    Just say blandly, ''I refer to your letter of claim...''
    This one sounds more like an LBC and is addressed to my old address (even though all previous letters have gone to my current address where my car is registered - bizarre!). Is there anything I should do this at stage?
    Errrmmm...the obvious! Write and tell them to erase that old address data immediately and to tell their client to do the same, because your address for service is:

    xxxxxxx
    xxxxxx
    xxxxxx

    Then ask for whatever you are missing, such as: all photos, all evidence their clients intend to rely on, all letters sent, etc.

    Don't use a template, please not that one either. Stop thinking ''template''!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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