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Letter Before Claim - Legit or Not?
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G_44
Posts: 8 Forumite
Hi, I have received the following LBC from NPS regarding a parking charge notice I received a few year ago:
Dear Joe Bloggs
Re. Northern Parking Services Ltd
This letter is our Letter of Claim which is intended to be in accordance with paragraph 6(a) of the Practice Direction - Pre-Action Conduct and Protocols in the Civil Procedure Rules ("the Practice Direction").
The company claims the total sum of £170 from you in respect of the following items (which includes debt recovery costs of £70):
1. Parking Charge Notice: XXXXXXX
On "date" "car make, model and reg" entered "car park". A Penalty Charge Notice was issued to the registered keeper on "date" The Company have received no payment in respect of this parking charge notice.
We now intend to recover these sums in accordance with the Protection of Freedoms Act 2012 Schedule 56 Part 4.
Please ensure that payment is made within the next 14 days. However if our claim is disputed, then we would ask you to supply your Letter of Response in accordance with paragraph 6(b) of the Practice Direction within the same time i.e within the next 14 days. If however, we do not receive your payment or your Letter of Response, we will file our Claim in the County Court without further notice to you. Should this prove necessary we must warn you that our Claim will also be of interest, Court Fees, and fixed costs which will of course increase the monies which you owe. We would also ask you to note from paragraphs 13 to 16 of the Practice Direction that the Court has the power to impose sanctions upon you should you fail to respond to this Letter of Claim or fail to comply otherwise with the Practice Direction.
Would you say that this is a legitimate LBC or simply another debt recovery letter? There are no other forms supplied with this letter and i have also noted the 14 day rather than 30 day response time. My confusion is that contrary to the Newbie thread the Citizens Advice Bureau state that a LBC can request a response in 14 days rather than 30. So debating if this is legitimate or not and if i should be responding to this with a SAR?
Any help appreciated, thanks.
Dear Joe Bloggs
Re. Northern Parking Services Ltd
This letter is our Letter of Claim which is intended to be in accordance with paragraph 6(a) of the Practice Direction - Pre-Action Conduct and Protocols in the Civil Procedure Rules ("the Practice Direction").
The company claims the total sum of £170 from you in respect of the following items (which includes debt recovery costs of £70):
1. Parking Charge Notice: XXXXXXX
On "date" "car make, model and reg" entered "car park". A Penalty Charge Notice was issued to the registered keeper on "date" The Company have received no payment in respect of this parking charge notice.
We now intend to recover these sums in accordance with the Protection of Freedoms Act 2012 Schedule 56 Part 4.
Please ensure that payment is made within the next 14 days. However if our claim is disputed, then we would ask you to supply your Letter of Response in accordance with paragraph 6(b) of the Practice Direction within the same time i.e within the next 14 days. If however, we do not receive your payment or your Letter of Response, we will file our Claim in the County Court without further notice to you. Should this prove necessary we must warn you that our Claim will also be of interest, Court Fees, and fixed costs which will of course increase the monies which you owe. We would also ask you to note from paragraphs 13 to 16 of the Practice Direction that the Court has the power to impose sanctions upon you should you fail to respond to this Letter of Claim or fail to comply otherwise with the Practice Direction.
Would you say that this is a legitimate LBC or simply another debt recovery letter? There are no other forms supplied with this letter and i have also noted the 14 day rather than 30 day response time. My confusion is that contrary to the Newbie thread the Citizens Advice Bureau state that a LBC can request a response in 14 days rather than 30. So debating if this is legitimate or not and if i should be responding to this with a SAR?
Any help appreciated, thanks.
0
Comments
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The company is Northern Parking Services (North East) Ltd0
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As Castle says, that is an old letter template.
Referring to
is inappropriate.paragraph 6(a) of the Practice Direction - Pre-Action Conduct and Protocols in the Civil Procedure Rules ("the Practice Direction").
They should instead be referencing the Pre-Action Protocol for Debt Claims introduced in 2017.
The Pre-Action Protocol for Debt Claims states that they must allow 30 days for a response.Please ensure that payment is made within the next 14 days.
Perhaps you should respond stating that their letter does not conform to current guidance and maybe they would like to issue a compliant Letter of Claim.
Alternatively, ignore it as a non-compliant Letter of Claim.0
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