Letter before claim reply

Noto_PCN's

Hello all and thanks in advance for your candour.

I found a thread where I've been researching how to respond most the afternoon but it is closed so I couldn't ask my questions on it.

A brief history of my case to date
Alleged camera/postal PCN for parking on double yellow on private land 12/7/19
First PCN by post 9/8/19 from parallel parking
Replied via appeal email address on the letter and got no response
PCN reminder dated 4/11/19
Replied via email again on 19/11/19 still no response
Letter from Gladstone Solicitors dated 9/1/20
I've requested SAR from PP and wait for links from the land registry to see who owns the land, better late than never eh
My proposed letter back to GS is below:

Gladstone Solicitors Ltd
The Terrace
High Legh Park Golf Club
Warrington Road
Knutsford
Cheshire
WA16 6AA

16th January 2020

Dear Sir or Madam

Parallel Parking Ltd v My name
Proposed Legal Proceedings

Thank you for your letter of 9th January 2020.

As previously advised to Parallel parking the alleged charge is disputed and any court proceedings will be vigorously defended.

Also, based on the Practice Direction your letter is inaccurate on multiple counts, it is in fact woefully defective and appears to be a deliberate attempt to mislead the recipient.

Please therefore provide a Letter Before Claim which complies with the requirements of Annex A Section 1 of Pre-action protocol for judicial review:

justice.gov.uk/courts/procedure-rules/civil/protocol/prot_jrv

I confirm that I shall then seek advice and submit a formal Response within 30 days of receipt, as required by the Practice Direction.

Please ensure that someone does actually read and respond to this letter, providing the specific information relating to the county court claim that your client intends to make against myself as the defendant to the proposed legal proceedings. Please DO NOT send a generic FAQ letter in reply as to do so does not meet the requirements of the Practice Direction and will take this matter no further forward.

Please note, a refusal to comply with the Practice Direction will result in an immediate referral to the Solicitors Regulation Authority for breach of the Principles contained in the SRA standards and regulations dated 25th November 2019.

I trust this will not be necessary, and look forward to receiving a fully compliant letter before claim in due course.

Yours faithfully


My questions are:
1. With PP not responding to either of my emails, is it worth me pointing this out to GS? I have saved and printed copies, just in case.
2. Can you confirm I am using the correct link?
justice.gov.uk/courts/procedure-rules/civil/protocol/prot_jrv
Pre-action protocol for judicial review as the link in the thread didn't work and it seems the closest I can find on what is a gargantuan site!
3. Can you also confirm that my comment about SRA handbook is justified?
They provide no email in the letter so I will have to snail mail the letter back to GS.

Ta very muchley

KeithP

You have been reading the wrong Pre-Action Protocol.

The one you want is:

Pre-Action Protocol for Debt Claims

Noto_PCN's

Thanks Keith

So PP want the car reg and PCN No for the SAR, which I've given them, lets see how long it takes for them to show me what they have.
I did research on the landowner but that feels like a wild goose chase. Cyan Park Management company limited. No phone number or email listed, just the C/O company KWB property who I phoned and they said they don't have anyone of that name working there so left that avenue alone.
I've emailed my local MP advising of my situation with regards to the Parking act 2019.
I just have the letter to GS to write and plan on making the below points, what do you think?

Is the reply form the only way to get back in touch, filling in box D to dispute the debt based on the signage not being prominent and me currently having no good quality photographic evidence of the alleged contravention.
I will also put in about SAR being put in and that GS are to wait until I have all the evidence they have in their possession, then give me 30 days to respond to move the matter forward, yeah?

Le_Kirk

lets see how long it takes for them to show me what they have.

They have 30 days to respond.

The_Deep

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]

Coupon-mad

No-one uses the reply forms. Please re-read post #2 of the NEWBIES thread.

Noto_PCN's

I had already sent my MP an email and I've just replied to them again.
They are going to take it up with the IPC and get in touch with the local council to see if they have a traffic regulation order which will apparently give clues to who owns the land and who is responsible for enforcing parking restrictions.
One step at a time...

I've got the RAS back, I'll do some more reading to see what to do with it now

Castle

Noto_PCN's wrote: »

Hello all and thanks in advance for your candour.

I found a thread where I've been researching how to respond most the afternoon but it is closed so I couldn't ask my questions on it.

A brief history of my case to date
Alleged camera/postal PCN for parking on double yellow on private land 12/7/19
First PCN by post 9/8/19 from parallel parking

Contact DVLA to find out when your details were requested, as it appears the NTK is too late if no NTD was issued, and too early if a NTD was issued.