Clarification on Letter Before Claim "Reply Forms"

Altissimus

Hi,

I'm at the point where I have received a Letter Before Claim from Gladstones (client is PCM).  

The newbies thread post 2 says:

As well as the SAR to the parking firm's DPO, also write another email, if they are using Gladstones, DCLegal, BW Legal or other solicitor.
Your email tells the solicitor:
(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017. [My emphasis]
(b) I have sent your client a SAR
(c) also confirm your correct 'address for service' if you've moved and the PPC has two addresses.

and I have done this (and made my SAR). 

The thread also says:

DO NOT use the 'reply forms'. You do not have to declare your finances!

However, the PAP for debt claims (https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf) says 

4 RESPONSE BY THE DEBTOR 4.1 The debtor should use the Reply Form in Annex 1 for their response. The debtor should request copies of any documents they wish to see and enclose copies of any documents they consider relevant, such as details of payments made but not taken into account in the creditor’s Letter of Claim.

My understanding from post 2 on the newbies thread is that I now do nothing until I get a court claim.  Is this correct?

If the PAP says I should complete the form but the newbies thread says I should not,  should I do this or not?

Thanks for the clarification.

A.

KeithP

But the PAP doesn't say 'must' does it?
As the NEWBIES thread says - You do not have to declare your finances!

Is this a continuation of the story described in your other three threads?
It is useful to keep all detail about one parking incident in one thread.

Altissimus said:

My understanding from post 2 on the newbies thread is that I now do nothing until I get a court claim.  Is this correct?

That's correct, but you might want to prepare yourself for the next stage - when a County Court Claim Form drops through your letterbox.

Coupon-mad

The problem is that the PAP for debt claims is wholly inappropriate for parking cases.

The only slightly useful thing is the ability to get the case put on hold' (at this time of year, only use that if you want to get the claim around Xmas instead), plus you can use the section that says you can ask for evidence, if that's helpful.

This PAP presumes that the Defendant is a 'debtor' who owes money. Terrible that we are stuck with such a load of tosh, but it is what it is.

The forms are absolutely not suitable for a parking case where you simply want a Judge to decide whether the PCN was fairly issued or not, and you have no choice but to defend the aggressive claim, because there was no appeal service worth trying earlier in the process.

The NEWBIES thread advice is correct.

Altissimus

Coupon-mad said:

The problem is that the PAP for debt claims is wholly inappropriate for parking cases.

The only slightly useful thing is the ability to get the case put on hold' (at this time of year, only use that if you want to get the claim around Xmas instead), plus you can use the section that says you can ask for evidence, if that's helpful.

This PAP presumes that the Defendant is a 'debtor' who owes money. Terrible that we are stuck with such a load of tosh, but it is what it is.

The forms are absolutely not suitable for a parking case where you simply want a Judge to decide whether the PCN was fairly issued or not, and you have no choice but to defend the aggressive claim, because there was no appeal service worth trying earlier in the process.

The NEWBIES thread advice is correct.

Thank you, that's a very helpful reply.

patient_dream

Everythig said above is correct.

PAP covers all debts but REAL debts. It will always be under question about parking tickets, idiotic debt collectors and very dodgy legals who add fake amounts to inflate amounts hoping they can mug people and also mug the courts.

In other words this is a scam industry who make false claims to line their own pockets, hence a false debt

The benefit of PAP for you is your legal right to extend by 30 days which then gives you time to get the help here and to spank these fakers

NOBODY should fill in the forms for these fakers, you have no idea where your personal information will end up 

It is your right to ask them to explain their legal authority to add fakes