Multiple Parking fines - NCP / Trace debt recovery and BW Legal

hayd555

I have requested for them to consolidate my claim and i get this in reply? I have 12 PCN's what is their not to consolidatE?
Good Afternoon

 Thank you for your recent email, the contents of which have been noted on file.

 

There is not yet a claim to consilodate – if our client instructs us to issue such a claim we will consider this at that time.

 

In regards to your earlier point about abuse of process, In light of the decision made by HHJ Parkes QC in the case of Britannia Parking Group Ltd v Semark-Jullien on 16 and 29 July 2020, where the grounds for striking out the claim were similar, if not identical, the appeal court has found that the order(s) striking out claims on such grounds were wrong and has set aside the order in the Semark-Jullien case and reinstated the claim. Given this, we no longer consider this line of argument relevant to any future cases.

 

We hope this has answered your queries and would ask that that you make a payment proposal for the full balance.

Le_Kirk

When the court papers arrive, that is the time to ask about consolidation of claims (at the moment you only have 12 PCNs.)
Search the forum for Semark-Jullien and in particular posts by @Coupon-mad and you will have (when you need it) a ready made rejoinder about that case.

KeithP

hayd555 said:

There is not yet a claim to consilodate – if our client instructs us to issue such a claim we will consider this at that time.

Yes, they are correct. If more than one court claim is issued, then that is the time to complain.

hayd555 said:

IIn regards to your earlier point about abuse of process, In light of the decision made by HHJ Parkes QC in the case of Britannia Parking Group Ltd v Semark-Jullien on 16 and 29 July 2020, where the grounds for striking out the claim were similar, if not identical, the appeal court has found that the order(s) striking out claims on such grounds were wrong and has set aside the order in the Semark-Jullien case and reinstated the claim. Given this, we no longer consider this line of argument relevant to any future cases.

You will of course understand that the only reason HHJ Parkes found the striking out to be wrong was because it was done before any evidence had been presented to the court.
So, when the time comes, it is still in order for the claim to be struck out, but not until later in the process.

hayd555

Le_Kirk said:

When the court papers arrive, that si the time to ask about consolidation of claims (at the moment you only have 12 PCNs.)
Search the forum for Semark-Jullien and in particular posts by @Coupon-mad and you will have (when you need it) a ready made rejoinder about that case.

Will the papers arrive with all the PCN's? as right now im getting the letter before claims in drabbles?
I have had a search is this regarding the Semark-Jullien case? Not really sure what exactly I should be taking away from this

Le_Kirk

How many letters before claim have you received?  Does it/they relate to all 12 PCNs?  Once you have real court papers, as @KeithP wrote, that is the time to sort out consolidation.
Regarding Semark-Jullien, once again @KeithP has it spot on but if you search for the posts I mentioned you will be able to read more about it, how it is a nonsense that PPCs have jumped on like a drowning man who has spotted a life raft ....... with a hole in it!
Here is just one post about the situation.  Use the forum search to find more: -
https://forums.moneysavingexpert.com/discussion/comment/77534204#Comment_77534204

hayd555

Thanks guys, to answer I have received two letters of claim's combined that was 5 PCN's so I still have more to come..

D_P_Dance

If you think that the solicitor is not acting professionally, or failing to comply with CPR,  complain here,

https://www.sra.org.uk/

nosferatu1001

Tell them in the letters before claim that you expect a single letter before claim for all outstanding PCN, and a single claim should one be filed. It does not matter what their client instructs, their first responsibilty is to the court and the court requires that a claim is advanced in full
I would point this out early, so you can get their usual waffele, and they have no leg to stand on. 

hayd555

nosferatu1001 said:

Tell them in the letters before claim that you expect a single letter before claim for all outstanding PCN, and a single claim should one be filed. It does not matter what their client instructs, their first responsibilty is to the court and the court requires that a claim is advanced in full
I would point this out early, so you can get their usual waffele, and they have no leg to stand on. 

Great Idea, I have sent them this request, at least this is in my favour which I can show later on.

nosferatu1001

It something you send to show that they knew there were mutliple tickets, and that they were told to consolidate.