PCN while in GF's allocated parking bay - permit slipped off dashboard

zimbo_ouen

I have now submitted my SAR to them. Also wondered about this aspect in the newbies thread where it says email the solicitor to advise:
(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
(b) I have sent your client a SAR - Happy to do this
(c) also confirm your correct 'address for service' if you've moved and the PPC has two addresses.- Happy to do this

Is a) relevant and should it be included? I don't want to mention that if I'm not and it could be held against me potentially? Or is something like using these forums be classed as seeking this advice? Unsure if it has to be professional advice, that's all.
Cheers

nosferatu1001

Do you have a letter before claim? If yes, folow the advice on LBC...

zimbo_ouen

Not as yet, but it was suggested to do a SAR now by @beamerguy and @Coupon-mad so trying to find out if I should do the other step of emailing the solicitor but can wait for now if I have to wait for a LBC

nosferatu1001

well no, dont do the other steps. Think about why you would do something. Asking for a delay to a deadline that deosnt yet exist is not a good idea

zimbo_ouen

nosferatu1001 said:

well no, dont do the other steps. Think about why you would do something. Asking for a delay to a deadline that deosnt yet exist is not a good idea

Sorry wasn't quite thinking there

zimbo_ouen

zimbo_ouen said:

I have now submitted my SAR to them. Also wondered about this aspect in the newbies thread where it says email the solicitor to advise:
(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
(b) I have sent your client a SAR - Happy to do this
(c) also confirm your correct 'address for service' if you've moved and the PPC has two addresses.- Happy to do this

Is a) relevant and should it be included? I don't want to mention that if I'm not and it could be held against me potentially? Or is something like using these forums be classed as seeking this advice? Unsure if it has to be professional advice, that's all.
Cheers

So I've now received a "Letter of Claim" from BW Legal...

Seeing the instructions above again in the Newbies thread, I am wondering do I need to wait a bit before emailing off the  "I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017." to BW Legal?

Or it doesn't matter when you ask and they just add 30 days to the date in their threat of "If payment or response is not received from you by XX XXXX 2021"?

I'm thinking it's the latter from bits I've researched but did want to just check if that's OK?

Umkomaas

Are you looking to delay the process for any particular reason?  

You could email them today and you'd get 30 days from now (it's an 'at least 30 days', but I've not seen anyone attempt to go - or get - beyond that).

Alternatively, you could delay it until much closer to their deadline and then email them. I think you'd get your 30 days from then. 

Check out the PAP to see whether that gives any definition. Otherwise it may just become a nugatory argument between you and the solicitors as to when the 30 days start and end. 

zimbo_ouen

Umkomaas said:

Are you looking to delay the process for any particular reason?  

You could email them today and you'd get 30 days from now (it's an 'at least 30 days', but I've not seen anyone attempt to go - or get - beyond that).

Alternatively, you could delay it until much closer to their deadline and then email them. I think you'd get your 30 days from then. 

Check out the PAP to see whether that gives any definition. Otherwise it may just become a nugatory argument between you and the solicitors as to when the 30 days start and end. 

Re: "Are you looking to delay the process for any particular reason?"  

I was just going to do it because the Newbies thread advises you should but didn't know if the timing mattered or not, or even if I really need to do that then? Would people do this just to get some more time, even if they don't get any official debt advice?


I have actually just checked the PAP info at https://www.gov.uk/guidance/pre-action-protocol-for-debt-claims#Response

"4.2 If the debtor indicates that they are seeking debt advice, the creditor must allow the debtor a reasonable period for the advice to be obtained. In any event, the creditor should not start court proceedings less than 30 days from receipt of the completed Reply Form or 30 days from the creditor providing any documents requested by the debtor, whichever is the later." - but don't see any advise on doing a reply form in the newbies thread?

Otherwise I just wait for the Court Claim proceedings to commence and do the AOS when it arrives?

Umkomaas

There's no need to be looking for a debt adviser per se, there appears to be no checks on that. The fact that you are seeking advice here is more than enough in my estimation to meet any 'debt advice' criterion. 

You do need to find out everything a PPC has on you, and this is done via a SAR, the response to which can take up to 30 days.  While you won't get a delay specifically for the receipt of the SAR reply, the 30-day PAP debt advice requirement rather does the job for you anyway. 

Delaying the process can give the claimant more work to do to remember to revive things after 30 days, possibly even forget to do so (very unlikely!), but unless you have a specific reason for wanting to drag this out (like a Limitations Act timing-out strategy), then just get your 30 days from a couple of days after submitting your SAR.  But don't fret if the SAR isn't responded to by the end of the 30-day delay, it is much more useful at Witness Statement stage, some months further down the line. 

zimbo_ouen

Umkomaas said:

There's no need to be looking for a debt adviser per se, there appears to be no checks on that. The fact that you are seeking advice here is more than enough in my estimation to meet any 'debt advice' criterion. 

You do need to find out everything a PPC has on you, and this is done via a SAR, the response to which can take up to 30 days.  While you won't get a delay specifically for the receipt of the SAR reply, the 30-day PAP debt advice requirement rather does the job for you anyway. 

Delaying the process can give the claimant more work to do to remember to revive things after 30 days, possibly even forget to do so (very unlikely!), but unless you have a specific reason for wanting to drag this out (like a Limitations Act timing-out strategy), then just get your 30 days from a couple of days after submitting your SAR.  But don't fret if the SAR isn't responded to by the end of the 30-day delay, it is much more useful at Witness Statement stage, some months further down the line. 

Thanks man

I actually requested the SAR a little early (a few weeks ago I got it all) and don't think I have any basis to ask for that again tbh as nothing else has changed with Link parking so can leave things as they are - so maybe I should just leave things, don't do the 30 days extra debt advice and just wait for the Court Claim perhaps?