Letter before a claim - next steps?

greenfalco

Umkomaas said:

greenfalco said:

KeithP said:

Yes, a County Court Claim will always be sent by post.

The ball is in their court.

Just make sure that if you move then you inform the claimant and their solicitor of your new address. It would be a shame to get a Judgment against you without knowing anything about it.

@KeithP the keeper has finally moved house. They have notified Gladstones and EPS by e-mail of the new address and has kept a record of the outgoing e-mail. Will this suffice?

Kind refards,
GF

As far as the PPC is concerned, you should specifically notify their Data Protection Officer (DPO), not just an email to their general email address. You must tell them to 'erase' (use that word your former address at xxxxxxx, and 'replace' it with your new address xxxxxx, which is now your 'address for service' for any future correspondence. Tell them that they must notify any third party with whom they have shared your personal data and instruct them to amend their records too. 

Who we are

EURO PARKING SERVICES LIMITED (09370159) is a company registered in England and Wales whose registered office is at Office 2 51 Pinfold Street, Birmingham, West Midlands, B2 4AY.

Our Data Protection Team can be contacted by emailing dpo@wordpressmu-999126-3517047.cloudwaysapps.com

Thanks.

The keeper does have the DPO address, so they will do that too.

Kind regards,
GF

greenfalco

I can't help but feel this will give them a nudge to action the case 

Umkomaas

greenfalco said:

I can't help but feel this will give them a nudge to action the case 

You definitely do not want them 'actioning the case' by serving a court claim to your former address, unless you can absolutely rely on Royal Mail redirect and/or new occupiers to pass on all mail to you swiftly on receipt. From posts read here on MSE, I'd say that neither is anywhere near 100% reliable!  And don't forget, the PPC have 6 years to issue a claim - far longer duration than any RM redirect can be put in place. 

greenfalco

greenfalco said:

I can't help but feel this will give them a nudge to action the case 

@Coupon-mad @KeithP
 It could just be a coincidence, but the keeper has this week received an e-mail from Gladstones (nothing in the post yet) with an attached 'Letter before Claim' and a cover letter that states the following:

"We have previously sent you the enclosed Letter Before Claim.

As the Letter before Claim was sent more than 6 months ago, the Civil Procedure Rules state we should resend a copy prior to the issue of Court Proceedings.

As our Client has decided they are going to issue Court Proceedings against you, we are hereby reissuing the Letter before Claim.

We strongly recommend you consider the content carefully as it contains important legal information.

You now have 30 days from the date of this letter to make full payment or to make contact with us to discuss the matter. In the absence of a response within the timescale specified, Court proceedings will be issued without further reference to you."

Should the keeper do anything at this stage having already followed the necessary steps since receiving the original 'Letter before Claim' over 2.5 years ago? Perhaps it is a good time to dig out the original SAR and evidence just in case this isn't a scare tactic!

Kind regards,

GF

greenfalco

greenfalco said:

Coupon-mad said:

But you don't know if they have sent every image and it's perfectly reasonable to ask for the moving images in full, after all, Councils provide the full video for CCTV penalties on red routes and yellow box junctions. 

It either still exists or it doesn't and I asked for it for good reason, so you can see everything they have.

Redx said:

If this is still at LBC stage , then nothing else to do except ensure you have collected all evidence and exhausted the plan A route , because plan A is always the best option

Le_Kirk said:

In which case you can ask for any CCTV images about you but how will they know it is you?  You can ask for images about the vehicle with VRM of AB19CDE where that is the vehicle in question but treat it as a continuation of your previous SAR and not a new one else they could try to charge you.

Good morning,

It's been a while and no further contact.

Just double checking if there are any further LBC steps? Is the next stage a Court Claim? Would this be sent via post?


Kind regards,
GF

Any insight on the previous comment please? 🙏🏻 

GF

Slowlearner418

This is just another scare tactic to ensure they followed the CPR rules. you can engage and ask them to suspend for an additional 30 days again and repeat previous steps, but why bother? As long as you still have all the SAR data you previously gathered for defence etc from before do not respond or engage, its up to them to follow through as long as you have given them your current postal address for claim service. If a claim form arrives, deal with it then via the defence sticky thread.

Slowlearner418

and yes, the next stage is always a court claim- if I was in your shoes, I would start to prep a draft defence to ready here for if/when that claim shows up, if you have the time on your hands. They are struggling to get their claims heard in because the courts are a struggling public service like everything else. They are blocking up a system meant for other purposes with their rogue industry and hopefully at some point the justice dept will stop tolerating it and introduce the new legislation.

Coupon-mad

The NEWBIES thread has new advice about a response to a LBC.

greenfalco

Coupon-mad said:

The NEWBIES thread has new advice about a response to a LBC.

Sorry, I didn't realise it mentioned anything about repeated LBC letters following the original one.

greenfalco

Slowlearner418 said:

This is just another scare tactic to ensure they followed the CPR rules. you can engage and ask them to suspend for an additional 30 days again and repeat previous steps, but why bother? As long as you still have all the SAR data you previously gathered for defence etc from before do not respond or engage, its up to them to follow through as long as you have given them your current postal address for claim service. If a claim form arrives, deal with it then via the defence sticky thread.

Thanks. Considering the time-elapsed and a recent house move (the DPO has the new address), the keeper has misplaced the SAR data (very frustrating as they are usually very organised), they will keep looking!.

Would it be wise to repeat the steps? (I assume considering they already sent the data, they could claim an admin/processing fee?)

Kind regards,
GF