Letter Before Claiim

smith164

In December 2018, I was issued with a "parking charge" by NPE for parking in a child and parent bay whilst unaccompanied out of the vehicle by a child 12 years or less for a duration of 4 minutes.

With other companies in the past, I have ignored all letters and never heard any more after a few threatening letters.

I have received a number of letters regarding this particular charge over the course of the year, most from Credit Investigation Services. All of these I ignored as this worked for me in the past.

This week, I have received two LBC, both exactly the same, from the parking company accompanied by an "Annexe 1 & 2" information sheet. The letter states I have 30 days to pay or otherwise to stop further proceedings. I have noticed there is no date on either of these letters which made me question whether this genuinely is THE letter before claim and whether it fails to conform to any protocol if it doesn't have any date on it.

I never expected this to get this far but, currently, my defence would be based around the artificially inflated price for parking for a duration of 4 minutes and the failure to provide a grace period, should this go to court.

I have, today, sent off for a SAR.

KeithP

From what you have said, it looks like a proper Letter of Claim to me.

Well done on sending a SAR.

You now need to read more of post #2 of the NEWBIES thread to prepare yourself for a County Court Claim Form dropping through your letter-box amongst all the Christmas cards.

Coupon-mad

In December 2018, I was issued with a "parking charge" by NPE for parking in a child and parent bay whilst unaccompanied out of the vehicle by a child 12 years or less for a duration of 4 minutes.

Same as the other Earlham one we answered here earlier. Search the forum!

smith164

Thanks both. There is indeed a lot on here regarding Earlham and NPE. My parking charge was from Earlham House also.

Should I be responding to the LBC at all?

Coupon-mad

Yes, as per the NEWBIES thread post #2.

Are NPE sending their own Letters before Claim? They haven't got the brains!

smith164

Thank you, I gather I just respond stating that I have sent a SAR rather than sending them essentially a defence as to why I dispute the charge and that £160 for 4mins will (should!) get laughed out of court.

I have tried to attach a scan to this post but for some reason the website won't permit this.

For the record, I have copied the wording of the LBC below with the details blanked out, note the request to make payment within 30 days of the date of this letter, a date which is nowhere to be seen.

LETTER BEFORE CLAIM
Dear mr xxxxxxxxxxx I am writing in respect of the above debt relating to unpaid parking charges. As you have ignored previous requests for payment it is now our intention to issue legal proceedings for recovery. This letter is our Letter Before Claim as required by Pre-Action Protocol.
The amount shown above will not increase if the debt is paid prior to the issue of the County Court Summons. To make payment call our agents, Credit Investigation Services, on 01412807926 and quote the reference number shown below. To prevent further proceedings this must be done within 30 days of the date of this letter.
Also please note the attached documents, Annexe 1 & 2 of the Pre-Action Protocol for debt claims as required by The Master of The Rolls. Failure to provide the information requested within 30 days of the date of this letter could lead to a Court claim against you including additional costs and interest.
Queries or proposals must be made to our agents Credit Investigation Services of 21 West Nile Street, Glasgow, G1 2PS, Tel: 01412807926, Ref. xxxxxxxx
National Parking Enforcement Ltd

Coupon-mad

To make payment call our agents, Credit Investigation Services, on 01412807926 and quote the reference number shown below.

Oh, it's not a real LBC then. The fact it asks for payment to a debt collector tells you that. It will be a letter sent by CIS, pretending to be writing as NPE!

This drivel is hilarious!

Also please note the attached documents, Annexe 1 & 2 of the Pre-Action Protocol for debt claims as required by The Master of The Rolls.

Get the SAR from NPE but no need to reply to this mock up LBC, in my view, except if you are up for some correspondence, to tell them:

Parking charge claims inflated to £160 are unfair in law, contrary to the Consumer Rights Act 2015, the POFA, the CPRs and the Beavis case. Further, the PCN itself ignored the IPC Code of Practice re grace periods - but hey, if they want to waste your time mocking up LBCs and talking about the Master of the Rolls then they should be aware that you will defend the case robustly if they do manage to file a court claim, and will seek your full costs in accordance with the CPRs.

BTW there are other threads like yours so read outside of your own thread. Here's one:

https://forums.moneysavingexpert.com/discussion/6055359/pcn-from-2016-re-emerges