Letter of Claim - can I use this angle stop the case going further?

Travel2_2

Hello all
I have been issued with a 'Letter of Claim' from DCBL, so far I have followed the advice given on the sticky threads i) sent an email to First Parking in the form of an SAR, which I received a reply on and ii) sent an email acknowledgement to DCBL requesting a breakdown of the alleged £160 'amount due', to which I have also received a reply.
On the reply from DCBL they appear to have made an error on the amount due (on top of the abusive add on figure)........I quote the paragraph  "Please note, due to an administration error when the case was referred to us, the balance stated on the Letter of Claim (£160.00) is incorrect. This has now been rectified and the correct balance is now £140.00. We apologise for any inconvenience caused."

I have read the information regarding 'Abuse of Process' but my question is can I use this admin error on top of the abusive add on charge to get DCBL to drop the case? I was about to reply and ask them to provide a breakdown of the newly revised Letter of Claim amount £140.... but I thought this might be an opportunity to word the response a bit differently given their error. What do you think my next step should be in this situation?

Redx

No they won't drop the case , they will follow the instructions of their client

You are clutching at straws , like a trapped animal in an abattoir

Is the L for Limited ? Or Legal ?

Plan A is the best option for any private pcn

nosferatu1001

NO, they wont jus tdrop the case
You know this because it has never happened, as you would have read about it. 
Just follow the newbeis thread. Nothing else. Its all in there

Ralph-y

as above ..........

so now is time to start reading ..

direct link to court section in newbies thread
.
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

and  

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs#latest

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

Ralph

Travel2_2

I was a little confused as I see a post from @beamerguy with a letter template directed to the parking company stating Abuse of Process and reference to past legal cases of the like which were thrown out of court, I thought this could be an option, quick easy route.

Thanks for your replies. I'll ask for a breakdown of the £140 from DCBL and start preparing a defence and DQ.
Redx L for Legal

Umkomaas

The 'Abuse of Process' ship, in terms of having cases thrown out, sailed within a few weeks of its arrival. It won't be sailing back in. It is not an 'easy out' any longer. 

Things move so quickly in this murky world that the dates of posts you are hoping to rely on should be checked very carefully. 

I'll ask for a breakdown of the £140 from DCBL

What are you hoping to achieve by doing so?

Travel2_2

@unkomass ah I see thanks for pointing that out. So when you say 'sailed within a few weeks of arrival', can I still rely on this in court? I was intending to ask for the cost breakdown to get written concise proof that £80 relates to the actual parking fine and the £60 is the excessive DCBL add on amount.

Redx

Not abuse of process , no , an appeal kicked that out of the park

It's double recovery and even that aspect is no defence to the core parking charge that was £80 , only an objection to the additional £60 charge they added on

If First Parking wish to issue a court claim , they will , they already do 

Coupon-mad

Travel2_2 said:

@unkomass ah I see thanks for pointing that out. So when you say 'sailed within a few weeks of arrival', can I still rely on this in court? I was intending to ask for the cost breakdown to get written concise proof that £80 relates to the actual parking fine and the £60 is the excessive DCBL add on amount.

No you weren't.  You will use the forum template appeal which doesn't use the phrase 'abuse of process'.

Travel2_2

PLAN A rejected by PALS

Travel2_2

PALS response "Unfortunately we are unable to assist with this, as this is now with First Parking and they are the only team who you can appeal to."