LOC - KBT/Armtrac / BWL - Sennen Beach car park

SillyBuster

Hi. I received a letter of claim a month or two ago. Have only just opened the envelope. I have read the Newbies thread more than once. I was thinking of putting them on hold ("debt advice") but not sure I should bother doing that really. They haven't issued court papers yet and its well overdue. Two things:

1. I have NO clue what this is about. The car registration is a car I owned, well, must be 5+ years ago. I know it must be less than 6 years due to statute of limitations, but that leads me to ...

2. They do not include a date next to "date of contravention" on the LOC. I will double check POFA shortly but no doubt that's a breach of it.

Before I SAR Armtrac and get ready for a fight, just wondered if anyone has any other advice or ideas?

thanks a lot

I can't post a link to image. maybe this will do? (paste in browser) snag.gy/hN1HLC.jpg

Le_Kirk

If it is a "proper" letter of claim (LOC) it should give your thirty days to reply, contain financial forms (or links to them), which of course you don't complete and should have full particulars of claim, including ALL evidence they are going to rely on in court. SAR is the only way to get all the data they hold on you. If you don't own the vehicle any more you might have to attach a scan of the LOC to prove who you are.


The link to the image does not work, post the full link like this: -
hxxps://..........

The_Deep

You seem to have a good knowledge of the process, are you familiar with Sir Greg Knight's private members bill?

https://services.parliament.uk/bills/2017-19/parkingcodeofpractice.html

KeithP

https://snag.gy/hN1HLC.jpg

You have received a Letter of Claim.

After two months there is nothing to be done on that front, but wait for a County Court Claim Form to drop through your letter-box.

You could, indeed should, send a Subject Access Request to the parking company's Data Protection Officer.
Guidance on how to do that can be found in post #2 of the NEWBIES FAQ sticky thread.

You would be wise to open your mail in a more timely manner in future, otherwise there is a great risk of receiving a County Court Judgment against you without you having the opportunity to defend yourself.

Le_Kirk

No, I still get just a black page but it is OK on Firefox!

SillyBuster

Thanks for replies. I had read about a new bill on its way through but don't know much about it other than it's not law yet. Could that become relevant to this do you think?

Yep, I get so much junk mail it tends to sit on my desk far too long! lesson learned, lucky escape you might say!

I will SAR the PPC. There is no evidence whatsoever with this letter. It's a letter with the silly forms I wouldn't fill out if they paid me to, and annex 1 from POFA (i think), which says they SHOULD know what POFA is all about but the rest of it suggests not. pick and choose!

What do you make of the lack of date for 'contravention', is that beneficial to me or would it just be seen as a minor oversight and no big deal?

Coupon-mad

I would reply to it by email tonight, telling the solicitor you are seeking debt advice (USE THOSE WORDS) and so under the Pre-Action Protocol they must put the case on hold for 30 days.

That buys you time to get the SAR from the PPC as well.

What do you make of the lack of date for 'contravention', is that beneficial to me or would it just be seen as a minor oversight and no big deal?

Means nothing on the LBC.

Search the forum for Sennen and you will find ready made recent defence examples in readiness for the claim.

SillyBuster

Thanks, that sounds like good advice.

Sennen - I have read some of the threads but not as far as defences. I did read quite a few about landowner complaints. I actually have a LOT of local knowledge for Sennen which may be able to help people on here. I have plenty of photos and I actually knew the parking attendants. I read some of the threads about aggressive behaviour etc. I confronted him once myself when he was physically threatening a really nice older chap, he had the guy shaking for gods sake. An attendant told me that he once had a massive row with the other attendant for being such a youknowwhat, and he ended up getting him fired by reporting his behaviour to armtrac boss.

Some of your members may remember from a few years back when the parking signs used to say "Penalty for offence...." but it had duck tape over. I spent a good year tearing that off every time I went fishing at Sennen at night. For the money they are making they should at least invest in a proper sign, duck tape can blow away so darn easily. hahaha

Coupon-mad

Some of your members may remember from a few years back when the parking signs used to say "Penalty for offence...." but it had duck tape over. I spent a good year tearing that off every time I went fishing at Sennen at night.

I like your style!

SillyBuster

Could someone please advise what is the best course of action when BWL refuse to put a case on hold despite being told I am "seeking debt advice"?

I wrote in my letter that I am sending a SAR to the PPC "and I am seeking debt advice". I then told them that under PAP they should know it means the case should be put on hold for 30 days. Their reply said "Your account will not be suspended from further collections activity unless we are instructed to do so by our client. Contact us to reach a suitable resolution."

The_Deep wrote: »

You seem to have a good knowledge of the process, are you familiar with Sir Greg Knight's private members bill?

hxxps://services.parliament.uk/bills/2017-19/parkingcodeofpractice.html

Is this now law? It does say it received Royal Assent in March. If so, does it change anything dramatically with the Newbies thread and how we deal with these PPNs?

P.S. Could someone please advise how to add 'multiquotes', I click on the add to multi quote link under people's posts, but can't see a button to paste them into the reply field.

thank you

Quentin

If they refused your request there's not a lot you can do

Except prepare for the (almost) inevitable claim