Letter Before Claim, EXCEL

Pringle114

I've emailed another rebuttal letter as they haven't replied to my latest email re-requesting PDT records etc.

I await their reply!

Coupon-mad

You all need to be clear on how the Beavis case provides the precedent for a parking firm only being able to pursue the actual parking charge from the NTK (and the POFA supports that argument. Even in cases where the driver was admitted so the POFA offers no direct application for a keeper Defendant, it's a useful legal benchmark to show and lead a Judge to see that the intention of Parliament is/was that parking charges on private land are capped at the sum on the NTK - as the POFA says so).

The Beavis case goes further.

The Supreme Court said that Parking Eye COULD NOT have pleaded their case in damages, as they are not the landowner and made no loss, and that the £85 PCN in that case already more than comfortably covered the very minimal costs of operating a parking charges 'scheme' of letters.

Effectively, £85 was the cost/fee for parking, for those people who overstayed. P/Eye couldn't have added more and pretended they also made a loss.

Thus, any 'debt collection stage' letters that the likes of Excel or VCS or ParkingEye send (themselves) are all part of the same business model that was seen in Beavis.

A PPC cannot be heard to say that on top of the parking charge (a sum that is already 80% profit over and above the costs of sending letters) that somehow, they've made an additional loss in sending those same letters.

IMHO, that's how to explain it to a Judge, plus throw in the CPR 44.3 about 'proportionate' costs, as in this example defence:

https://forums.moneysavingexpert.com/showthread.php?p=75711757#post75711757

and Ladak v Locums (again, in that defence, thanks to LoadsofChildren123 for that case reference) throws out any possible 'legal fees' as well, as there are never any supervising solicitors in these cheapo roboclaim dross template cases.

Pringle114

Thanks alot for that. Do you think I will likely end up in court?

Coupon-mad

Yes, a court claim is very likely from Excel, so start reading Excel and VCS threads and defences that are ahead of you in the game.

Snakes_Belly

It is likely to end up in court as they build the income from claims like ours into their business model. The way I see it is that once the £60.00 has been knocked out (that should not be difficult) the amount payable in the case of losing will not be much more than the amount payable after appeal (£100). It will be around about £130.00.

I don't like the idea of being bullied by these people. They are bullies we should stand up to them.

Pringle114

All, I've received another letter.

Titled Claim Form, refers to the County Court Business Centre (Address is nowhere near where I live)

I can respond online at moneyclaim. Gov. UK.

Is this an official court document? Whats the next step? Reply to it online?

All help is appreciated. Thanks.

KeithP

Pringle114 wrote: »

All, I've received another letter.

Titled Claim Form, refers to the County Court Business Centre (Address is nowhere near where I live)

I can respond online at moneyclaim. Gov. UK.

Is this an official court document? Whats the next step? Reply to it online?

All help is appreciated. Thanks.

The County Court Business Centre is just an administrative office. If you case ever reaches a hearing, it will be at your local court.

Do not respond to anything until you have read the detail in post #2 of the NEWBIES thread.

What is the Issue Date on your Claim Form?

Pringle114

KeithP wrote: »

The County Court Business Centre is just an administrative office. If you case ever reaches a hearing, it will be at your local court.

Do not respond to anything until you have read the detail in post #2 of the NEWBIES thread.

What is the Issue Date on your Claim Form?

The issue date is 07 May. This letter has space for a defence etc on the bottom, do I not have to reply to this? Either online or by letter?

Redx

no , you need to read post #2 of the NEWBIES thread first , then login to the government gateway and use the password on the right of your form to do the AOS online , by following the walkthrough in that NEWBIES thread

you wont be posting anything at all, KeithP will reply with what you need to do, which is why he asked for the ISSUE DATE on the top right

YES its an official form

NO you wont be going to Northampton

YOU will be going to your local county court, if it gets that far

Pringle114

Ok thanks a lot guys I'll look at Newbies thread again also.