Letter of Claim Received

wobs2k

I have received a 'Letter of Claim', can I just double check - this is the same as a Letter before claim (LBC) so does not require a response?

Response need only be within 30 days of an actual County Court Claim, right?

I've been down the SAR route so now I just need to sort out a defence....

Does the attached signage hold out any hope for defence?

Redx

Wrong , a LBC or LoC or LBCCC are all a letter before claim , an official letter before claim gives 30 days notice and includes financial forms that you do not fill in , so this is the 30 day response part

The newbies FAQ sticky thread near the top of the forum explains in post 2

Do you have an LBC from the claimant or their lawyers ?

Or do you have an N1 court claim pack from the CCBC in Northampton ??

If it's the latter , what is the date of issue

fisherjim

So what did the idiots say you did wrong?

How is it physically possible to  "immediately on entry".

D_P_Dance

The T&C in that sign amount imo to inequality in contractual relations. Far too wordy and the print far too small, I am sure that most judges would agree.  Please read this and complain to your MP

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading/p1s.

beamerguy

You must reply to a letter of claim and you have 30 days to do so

Who issued the letter ?

They would have added a fake £60 with some feeble excuse trying to mug you.

THE SIGN:  It says "additional charges will be added"  ... that is somewhat ambiguous as there is no mention of a sum.?  PLUS it goes against to ruling of the Supreme Court in the case of Beavi v Parking Eye

IT WAS RULED ....... "The main reason for the PARKING charge was to meet the costs of enforcing the parking rules"

You can watch the video of the case here

https://forums.moneysavingexpert.com/discussion/comment/78383337#Comment_78383337

So, in your response, ask them on what legal authority they have to add an extra amount

This what happens to legals who add fakes

https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2

wobs2k

Thank you all for clearing that up, my 30 days expires on 13th July.

The Letter of Claim was from the solicitors (BW Legal)

These are the fake fees they've added ('estimated'!)

D_P_Dance

Only the principal debt IS LIKELY TO  contain unlawful amounts (£60)

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

Coupon-mad

The 'estimated' sums are correct (it's not those lines that are objectionable).

Please understand what it is you are arguing against in terms of false costs.   It's the added sixty quid layered on top of the £100...

wobs2k

I’ve now replied to the LBC stating that I dispute the debt in its entirety and requesting further details they held on me. 

They’ve sent me this in response (under the guise of GDPR!):
 

Surely they cannot ask for all of these details (to do so in itself risks falling foul of GDPR?). 

Interested to hear your advice re my response. 

Thanks 

KeithP

Give them all the info they're asking for except a telephone number.
They already have everything else, don't they?

D_P_Dance

I would be happy to supply all but the telephone number.  Have yu complained to your MP?