HX Car Park Management Ltd, Cartmel Racecourse, Cartmel

nweachus

Coupon-mad said:

I'm not even clear if you have a claim and have defended yet?  We can't trawl back in every thread to check everyone's status (therein lie mistakes and assumptions).  So, please tell us whether you are only at LBC (pre-action) or are you at claim stage and whether you've defended, if you got a claim?

No claim form (N1) received. LBC dated 17th August, but it looks like a demand for payment.

nweachus

Le_Kirk said:

nweachus said:

Le_Kirk said:

nweachus said:

Now I have the SAR back from HX, what is my next move?

You have your data from HX following your SAR and you need to read the data and see if there is anything in it that will help you to write a good witness statement (I assume you have submitted a defence - not read back through thread) and will now be able to back up and support what you put in the defence.

I sent a defence to Gladstones 31st August. Their reply 2 weeks later was "Whilst we have noted the content, your representations do not amount to a defence."
They have since been informed of my request to HX for the SAR, but no further replies.

Well they would say that!  Having gone back through the thread, I cannot see that you have received a Claim Form (N1) from CCBC yet, so just keep that data (once you receive all of it) until such time as you receive the N1, submit a defence and it is sent to small claims court (if it gets that far) and then use the data for your WS.

No claim form (N1) received.

Le_Kirk

nweachus said:

Coupon-mad said:

I'm not even clear if you have a claim and have defended yet?  We can't trawl back in every thread to check everyone's status (therein lie mistakes and assumptions).  So, please tell us whether you are only at LBC (pre-action) or are you at claim stage and whether you've defended, if you got a claim?

No claim form (N1) received. LBC dated 17th August, but it looks like a demand for payment.

Did it give you 30 days to pay or respond (proper LBC) or did it suggest 14 days (debt collector rubbish)?

nweachus

Le_Kirk said:

nweachus said:

Coupon-mad said:

I'm not even clear if you have a claim and have defended yet?  We can't trawl back in every thread to check everyone's status (therein lie mistakes and assumptions).  So, please tell us whether you are only at LBC (pre-action) or are you at claim stage and whether you've defended, if you got a claim?

No claim form (N1) received. LBC dated 17th August, but it looks like a demand for payment.

Did it give you 30 days to pay or respond (proper LBC) or did it suggest 14 days (debt collector rubbish)?

Gladstones letter as follows:

17th August 2021

LETTER BEFORE CLAIM

Dear ** ******** ******,

Our Client: HX Car Park Management Ltd

Amount Due: £160.00

Vehicle Reg: *****

We act on behalf of the above Client and are instructed to commence legal proceedings against you to recover unpaid parking charge notice(s) as detailed in the attached schedule (full details of them having been sent to you by our Client already), if the Amount Due/ Debt remains unpaid or a valid reason for non-payment is not provided.

The Amount Due/ Debt includes £60.00 claimed by our Client for the time/resources spent facilitating the recovery of the unpaid parking charge notice(s) pursuant to its ATA’s Code of Practice and the Terms and Conditions of the Contract, which was entered into upon the driver of the vehicle entering the Relevant Land. The amount is a pre-determined and nominal contribution to our Client’s losses as a direct result of your non-payment.

We refer you to the Pre-Action Protocol for Debt Claims (paragraph 7) (the ‘PAP’) and the Practice Direction for Pre-Action Conduct (paragraphs 13-16) contained in the Civil Procedure Rules (‘CPR’); regarding the Court’s powers to impose sanctions for any failure to comply with the Practice Direction or the Protocol.

You should do one of the following within 30 days of the date on this letter:

1. PAY THE DEBT - To make payment please see the details overleaf.

2. DISPUTE THE DEBT - If you dispute the Amount Due/ Debt you should respond via the Reply Form. In accordance with the PAP, which obliges the parties to act reasonably and proportionately, this can be completed on our website www.gladstonessolicitors.co.uk . Alternatively, you can request a paper version (see overleaf). Before completing the online Reply Form you will be required to create a login, you will need your reference (******.***) to do this.

Warning regarding the issue of Court Proceedings

If you fail to pay the Amount Due/ Debt or provide reasons as to why you dispute the debt within 30

days, our Client reserves all its rights, including the right to commence Court proceedings (without further reference to you should that prove necessary and appropriate), which will incur further costs and interest (as detailed overleaf), which will be added to the value of the Amount Due/ Debt. Our Client is satisfied it has sufficient evidence to support any Court proceedings brought against you. Should you fail to make payment of the Amount Due/ Debt and fail to respond to any subsequent Court proceedings, a County Court Judgment (‘CCJ’) may be entered against you.

A County Court Judgment

If a CCJ is obtained in default, this will show on your credit record immediately and if payment of the CCJ is not made within 1 calendar month of the date of entry of the Judgment, the CCJ will not be removed and will be applied to your credit record for a period of 6 years. This may affect your ability to obtain credit in the future, or result in higher rates of interest being applied to any credit you are able to obtain.

Please Contact Us

Please note any reply received after 16 September 2021 legal proceedings may have already been issued; however, we will still consider your response in due course. Our team is ready to try to work with you to resolve this matter without the need for Court proceedings and it is important you contact us upon receipt of this letter.

D_P_Dance

If you think that Gladstones are are acting in an agreesive or dismissive manner complaine here.  IMo this firm is bringing the profession into disrepute.  

https://www.sra.org.uk/consumers/problems/report-solicitor/

Le_Kirk

Proper LOC then, refer to the NEWBIE sticky, second post for how to deal.  Expect a court claim pack from Northampton CCBC.  You don't have to complete any of their forms - especially any asking for financial info.  They are trying to frighten you into paying by mentioning CCJ but fortunately you are on this forum and know that a CCJ can only be issue by a judge after an unsuccessful hearing and even then it only takes effect if/when you don't pay in time.

KeithP

Yes a proper Letter Of Claim, but sent on 17th August 2021 - over six weeks ago.

nweachus

KeithP said:

Yes a proper Letter Of Claim, but sent on 17th August 2021 - over six weeks ago.

I probably binned the original letter, but then received it via email 25th August. They were sent my official reply 31st August. I've replied to them 2 or 3 times since, regarding requests for SAR's, but no further replies from them.

nweachus

Le_Kirk said:

Proper LOC then, refer to the NEWBIE sticky, second post for how to deal.  Expect a court claim pack from Northampton CCBC.  You don't have to complete any of their forms - especially any asking for financial info.  They are trying to frighten you into paying by mentioning CCJ but fortunately you are on this forum and know that a CCJ can only be issue by a judge after an unsuccessful hearing and even then it only takes effect if/when you don't pay in time.

Do you have a link to the relevant sticky? if I search NEWBIE sticky the 1st few are closed!

KeithP

Yes the NEWBIE sticky is closed.
That just means you can't post on it, not that you can't read it.