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Letter before claim

13»

Comments

  • Dutch81
    Dutch81 Posts: 13 Forumite
    Hi,

    A quick follow on to the above, is it normal for a company to write and try and settle outside of court?

    Is it wise to respond?

    Thanks
  • Coupon-mad
    Coupon-mad Posts: 155,423 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 17 October 2019 at 2:17PM
    It's normal and wise to ignore it, or if you prefer:

    ...reply, pointing out why they have no cause of action against you, due to your primacy of contract as a permitted resident with rights to park, who was new and whilst awaiting a permit you had been offered an ALTERNATIVE CONTRACT to park. That permitted you to park using your 'Visitors Clock' which cannot include a requirement to update it during nighttime hours.

    You could then end the email, offering a 'drop hands' time-limited offer - i.e. you suggest they must drop the claim and you won't pursue any costs, if they agree within seven days. After this, at trial you will be claiming your full costs on the indemnity basis including at least 25 hours at the Litigant in Person standard rate of £19 per hour in addition to your hearing attendance costs.

    I hope you're reading lots of VCS WS demolition threads, as they are all the same.

    I say VCS defendants don't even need to see their WS to know what will be in it, and posters here need to realise that and do their prep in advance, so there are no surprises when the thick wad of paperwork thumps on the doormat just before you were about to submit a WS yourself.
    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
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Dutch81 wrote: »
    Hi,

    A quick follow on to the above, is it normal for a company to write and try and settle outside of court?

    Is it wise to respond?

    Thanks

    OH YES, because they are unsure they will win. Just tell them you will see them in court, especially if you are informing the court of abuse of process.
  • Dutch81
    Dutch81 Posts: 13 Forumite
    Thanks very much for the advice guys...

    Reply sent to VCS, let’s see if they drop the claim.

    Updates to follow...
  • Dutch81
    Dutch81 Posts: 13 Forumite
    *UPDATE*

    Hi All,

    I have today received a 'Notice of Discontinuance' from VCS.

    A big thanks to all that have offered help and advice!

    Much appreciated
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Dutch81 wrote: »
    *UPDATE*

    Hi All,

    I have today received a 'Notice of Discontinuance' from VCS.

    A big thanks to all that have offered help and advice!

    Much appreciated

    Good news ..... they do this when they realise their claim is utter cr*p and don't want another spanking in court
  • Coupon-mad
    Coupon-mad Posts: 155,423 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yay, so the contact I suggested worked? That is very good to know.

    ANOTHER ONE BITES THE DUST!
    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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