PCN escalated to Court proceedings **EDIT - I WON**

Littlewadie

KeithP said:

Littlewadie said:

Should I also do as nosferatu1001 has said and send a letter to PP too?

I would, and send a copy of that letter to the court too for their file.

is there a template letter for this on the newbies thread, I can not remember seeing anything but I was looking for things regarding my case at the time, if anyone can point me in the right direction, that would be great thanks.

nosferatu1001

No, there is no template. It will be a really, really simple letter however. Should take about 10 miunutes to write. 

Littlewadie

So this first bit is to the Judge, does that look ok?

In The County Court At XXXXXX

                                                                        Claim Number xxxx

Between
                                Premier Park Limited (Claimant)
                                                and
                                xxxxxxxxxxxxxxxxxxxxxxxxxx

Dear District Judge XXXXXXX,

Please could you place these 4 abusive letters (attached) on my court file as evidence, that the claimant is unlawfully demanding that the defendant pay up, or face court, when clearly I already have a hearing, which was previously set for March and adjourned until June, this may be just down to utter incompetence or as I feel it is plain harassment.
I would like to note that 2 of the letters are dated the same date and the last one is dated for August 2020, which I obviously received in May 2020.

I have also attached the letter I have sent to PPLegal, asking them
to stop sending letters and harassing me, as they already have an open claim against me and have a court date set.

Yours Sincerely 

xxxxxxxxxxxx

                                                    --------------------------------------------------------------------------------
This second bit is to PP Legal.

Dear Jacob Lancaster,

Thank you for your persistent, annoying and abusive letters, dated 03/03/2020, 24/03/2020, 24/03/2020 & 04/08/2020 demanding an ungodly sum of £170.
I am kindly asking you to cease your harassment of this claim, as it is already in the system and a court date of March was set but adjourned till June due to covid 19.

I will be adding your letters and bringing up your persistent harassment in the claim as part of my evidence of your unreasonable behaviour to date.

I expect to receive your letter of apology and not any other demands for money to come through my letter box.

Yours Sincerely 

xxxxxxxxxxxxxx 

Am I ok with these, did I cover everything but be simple enough?

Many Thanks

Umkomaas

Never end a business letter 'Kind regards'. 

Dear <A Name> ....... Yours sincerely

Dear <Sir> or <Madam> ....... Yours faithfully

Did you cover this in school?

Littlewadie

Umkomaas said:

Never end a business letter 'Kind regards'. 

Dear <A Name> ....... Yours sincerely

Dear <Sir> or <Madam> ....... Yours faithfully

Did you cover this in school?

sorry I don't send letters usually, just occasional emails
But is the letter ok otherwise

Coupon-mad

Those letters of yours look fine to me. 

Keep the original letters from PP though!  Only give the court a copy of each.

Littlewadie

Coupon-mad said:

Those letters of yours look fine to me. 

Keep the original letters from PP though!  Only give the court a copy of each.

Yes I was just going to upload them to my computer and send via email to the court & BW, Is it better to send a letter or email to PPlegal asking them to stop harassing me?

Coupon-mad

Email at the moment - it's immediate and not delayed. 

I've just remembered the case henrik777 posted about harassment:

https://forums.moneysavingexpert.com/discussion/comment/77142812#Comment_77142812

So how about this for your email to PP Legal?  I've removed your 'thankyou' from the start as well!

To PP Legal

Dear Jacob Lancaster,

re: (your name) Claim Number xxxx

I refer to your persistent, annoying and abusive letters, dated 03/03/2020, 24/03/2020, 24/03/2020 & 04/08/2020 demanding an ungodly sum of £170.  You must take this as a 'cease and desist' notice.

Due to Premier Park's priority being the pursuit of money from the law-abiding public and displaying a clear disregard for the rights of consumers, clearly no-one bothered to check and establish that the same disputed 'parking charge' is already the subject of court proceedings (claim number above) and a court date of March was set but adjourned till June, due to covid_19.

Your latest letters are incomprehensible and are clear evidence of persistent harassment and of Premier Park's unreasonable behaviour to date.  This is not just negligence. I have sent copies of your latest letters to the court which set the hearings for the above claim.   

I refer you to Ferguson v British Gas and also Harrison v Link Financial :

https://www.bailii.org/ew/cases/EWHC/Mercantile/2011/B3.html

...where it was found (in relation to a series of unwarranted and harassing debt demands) that there was ''no excuse for conduct of which it must be supposed the sole purpose must have been to make the Claimant's life so difficult that he would come to heel. I cannot think that in a society that is otherwise so sensitive of a consumer's position this is conduct that should countenanced''. 

I expect to receive your letter of apology and urge you to actually read the papers relating to the current claim and end this harassment immediately.  Due to my protected characteristics under the Equality Act 2010, Premier Park have by their conduct ever since the day of the unfair parking charge, persistently broken that disability law.  

Given that I had already assessed, filed and served my costs with the Claimant's legal representatives prior to the wasted March hearing (which I attended at considerable inconvenience), take note that should Premier Park now discontinue the above claim to try to avoid explaining their conduct in June, I will ask the court to award my full costs including those reserved from the first hearing.

Yours Sincerely 

xxxxxxx xxxxxxxx

Littlewadie

Coupon-mad said:

Email at the moment - it's immediate and not delayed. 

I've just remembered the case henrik777 posted about harassment:

https://forums.moneysavingexpert.com/discussion/comment/77142812#Comment_77142812

So how about this for your email to PP Legal?  I've removed your 'thankyou' from the start as well!

To PP Legal

Dear Jacob Lancaster,

re: (your name) Claim Number xxxx

I refer to your persistent, annoying and abusive letters, dated 03/03/2020, 24/03/2020, 24/03/2020 & 04/08/2020 demanding an ungodly sum of £170.  You must take this as a 'cease and desist' notice.

Due to Premier Park's priority being the pursuit of money from the law-abiding public and displaying a clear disregard for the rights of consumers, clearly no-one bothered to check and establish that the same disputed 'parking charge' is already the subject of court proceedings (claim number above) and a court date of March was set but adjourned till June, due to covid_19.

Your latest letters are incomprehensible and are clear evidence of persistent harassment and of Premier Park's unreasonable behaviour to date.  This is not just negligence. I have sent copies of your latest letters to the court which set the hearings for the above claim.   

I refer you to Ferguson v British Gas and also Harrison v Link Financial :

https://www.bailii.org/ew/cases/EWHC/Mercantile/2011/B3.html

...where it was found (in relation to a series of unwarranted and harassing debt demands) that there was ''no excuse for conduct of which it must be supposed the sole purpose must have been to make the Claimant's life so difficult that he would come to heel. I cannot think that in a society that is otherwise so sensitive of a consumer's position this is conduct that should countenanced''. 

I expect to receive your letter of apology and urge you to actually read the papers relating to the current claim and end this harassment immediately.  Due to my protected characteristics under the Equality Act 2010, Premier Park have by their conduct ever since the day of the unfair parking charge, persistently broken that disability law.  

Given that I had already assessed, filed and served my costs with the Claimant's legal representatives prior to the wasted March hearing (which I attended at considerable inconvenience), take note that should Premier Park now discontinue the above claim to try to avoid explaining their conduct in June, I will ask the court to award my full costs including those reserved from the first hearing.

Yours Sincerely 

xxxxxxx xxxxxxxx

Oooh great thanks, I did actually look up the phrase 'cease and desist' and wanted to use it but thought it wasn't right for my letter, but glad you have it in there. Thank you again.

Le_Kirk

I am kindly asking you to cease your harassment of this claim

Notwithstanding that you may have received further advice which will cause you to rewrite that letter, you cannot harass a claim, you harass a person, i.e. "you"

adjourned until June, this may be just down to utter incompetence or as I feel it is plain harassment.

Insert a comma as shown, it reads better.

adjourned until June, this may be just down to utter incompetence or as I feel it is, plain harassment.