Missed "Letter Before Court Action" - Please help!

_blueberry_

Hi,

I had a parking notice from Euro Parking Services in January 2021.  I have been looking out for any letters in case I got a LBC but somehow the a letter I had received had been misplaced until I just opened it this morning (the letter is dated April 2021).

This may be a "fake" one as the letter comes from EPS rather than the solicitor, I have not received a claim form from the county court yet, it is simply a 1 pager (without any reply forms) and the deadline is 14 days rather than the usual 30 days - so do I wait or push forward with the LBC section of the newbies thread (SAR + letter to Gladstone's)?  I would have missed any deadline but I suppose courts are busy so its possible that they have put through the paperwork but there are simply delays... If I am late, the sooner I make a move the better.

For background - I had already sent the first appeal and complained to the store, who had no interest in helping and insisted that it had nothing to do with them (even though it was their store and their name is all over the signs!).  The case itself was simply parking out of hours behind a store carpark for 15 mins (or so) with quite limited signage during lockdown (when the store was shut).

Much appreciate any advice!

D_P_Dance

Have you read the newbies and complained to your MP?

_blueberry_

I have not complained the my MP yet - I will do.  Yes - I have read the newbies multiple times but I cannot find my answer to the above.

Redx

If you receive a debt letter giving 30 days notice and includes financial forms , follow the LBC stage advice in the second post of the newbies FAQ sticky thread near the top of the forum in announcements

The SAR and the 30 day hold Letter

If n MCOL claim form comes from the CCBC in Northampton within 6 years , come back to this thread

_blueberry_

Ok, sounds like it can be safely ignored then - it is a made up 14 days notice and no financial forms included.  Thank you.

Umkomaas

You're unlikely to receive a formal LBC from a parking company (ParkingEye being an exception). More likely to be one from a bottom-feeding law firm, giving you (as required by the PaP) 30 days to respond alongside a sheaf of forms, which you do not complete. That is a much more certain evidence of a formal LBC - then deal with it as per the NEWBIES FAQ Announcement, second post.

_blueberry_

I have received a "Claim Form" from the county court.  From the reply above from Umkomaas, I would have expected the bottom-feeding law firm (in this case Gladstones) to send out the LBC prior to this step, correct?

I have been watching out for a formal LBC, however, I have not definitely not received one.  In fact, I do not appear to have received any correspondence regarding this matter for quite some time.  I have looked through my letters / files again just in case and I have nothing.

Perhaps I should have posted here before I did the following, as soon as I received the claim forms - considering the out of the ordinary circumstances but:
- I submitted a SAR to EPS
- I sent an email to Gladstones to halt proceedings for 30 days
- I sent another complaint letter again to the store

Could you please advise on any further steps I should take considering either the LBC was never sent or never received?  Looks like this is going to court as the store are not being particularly helpful in the matter either.

I suppose I have 14 days to submit, followed by 30 days to submit my defence so it should be enough time for the SAR response but I don't want to mis-step at this stage so your help is highly appreciated.

One further note, I received a maternity / OOO note when I sent the SAR so assuming / hoping they have somebody else in place!

Thank you in advance for your help.

Le_Kirk

You cannot ask the PPC/solicitors to place the case on hold for 30 days as that is a pre-action phase and you have now moved into the action phase.  You need to read the link in the NEWBIE sticky about how to complete the AoS but do not do it for at least five days after issue date of claim form (but before the14 days).  This gives you maximum breathing space for writing a defence, for which, just see the template defence.

Coupon-mad

What's the claim issue date?

Did the PPC or Gladstones ever hold an old address for you? Send Gladstones a SAR asking for all letters they sent and any address trace they did on you prior to the claim.  I'd be looking to see where they've been writing to.

Do the above to Gs by email today but don't delay the defence as your deadline will be 33 days from date of issue AS LONG AS YOU DO THE AOS TO 'BUY' YOURSELF THAT TIME EXTENSION.

_blueberry_

Claim issue date is 8th July.  I have not changed my address and have received correspondence from EPS previously, but not Gs - which I had not realised until now.  I have sent Gs a SAR - perhaps they have the wrong address.

On the back of the claim form, the document reads "You must respond do this claim within 14 days from the day of service".  Later it states that "The day of service is taken as 5 days after the issue date".  Am I correct that I would need to fill and send the AoS by 27th July (although tempted to submit this earlier).  I would then have 28 days from this date I send off the AoS to file my defence?

Mouse007

_blueberry_ said:

Claim issue date is 8th July.... 

Am I correct that I would need to fill and send the AoS by 27th July (although tempted to submit this earlier).  I would then have 28 days from this date I send off the AoS to file my defence?

Yes to 27 July for AoS but there is no reason to delay now you are 5 days past issue date

No to 28 days from this date, it is 28 days from the date of service, deadline to file a defence will be 10 August if you file AoS before 27 July.