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CST Letter Before Claim

Hi guys,

I know this is covered elsewhere but I've seen people say you should open your own thread for tailored advice so I thought you helpful people would be able to offer me some guidance :) 

So basically someone allegedly parked on a Euro Car Parks LTD car park in my car (wasn't me)... They're saying they have enough evidence to take me to court and have sent a Letter Before Claim letter. They haven't actually said what the evidence is and haven't sent any images in their letter and I haven't spoken to them yet.

What would be the best way to approach this? I've got about 2 weeks until they're saying the time will have elapsed and they're taking me to court. Will this definitely go to court or are they just bluffing? And if they are likely to take me to court, what is the best way to contest it before it gets that far? I've no intention of going to court as I really don't need any CCJs after trying to build up my credit for 3 years+!!

Also, what's the best way to contact them in the event I do contest (phone, email, letter?)....
So if all this has been covered already. I've had a read through some stuff and I'm, finding it quite confusing to be honest!

Any help is much appreciated so thanks in advance!
«13

Comments

  • Umkomaas
    Umkomaas Posts: 43,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They're saying they have enough evidence to take me to court and have sent a Letter Before Claim letter.
    It's not a real, pucker, LBC, they're using the title to frighten you into paying. However, as it's from a solicitor respond as if it were a genuine LBC - how to do that is in the NEWBIES FAQ Announcement, second post.  Send that off, then relax and ignore anything further unless you receive a vanishingly unlikely County Court Claim form from the Northampton CCBC.

    Yours is the second new CST thread to be added in the past couple of days. They had gone quiet for a few months, but maybe they've had a new batch of last-gasp cases to have a go at intimidating. 

    There is a Group CST thread started by @siwoos - please read that, your case will be little different from the dozens of cases reported there. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Trainerman
    Trainerman Posts: 1,329 Forumite
    1,000 Posts Fourth Anniversary Photogenic Name Dropper

    I've no intention of going to court as I really don't need any CCJs after trying to build up my credit for 3 years+!!

    Do bear in mind that you will not get a CCJ unless you both lose in court AND not pay in the required time after that. You have plenty of time to fight this, if they do proceed
    The pen is mightier than the sword ..... and I have many pens.
  • I've no intention of going to court as I really don't need any CCJs after trying to build up my credit for 3 years+!!

    Do bear in mind that you will not get a CCJ unless you both lose in court AND not pay in the required time after that. You have plenty of time to fight this, if they do proceed
    Umkomaas said:
    They're saying they have enough evidence to take me to court and have sent a Letter Before Claim letter.
    It's not a real, pucker, LBC, they're using the title to frighten you into paying. However, as it's from a solicitor respond as if it were a genuine LBC - how to do that is in the NEWBIES FAQ Announcement, second post.  Send that off, then relax and ignore anything further unless you receive a vanishingly unlikely County Court Claim form from the Northampton CCBC.

    Yours is the second new CST thread to be added in the past couple of days. They had gone quiet for a few months, but maybe they've had a new batch of last-gasp cases to have a go at intimidating. 

    There is a Group CST thread started by @siwoos - please read that, your case will be little different from the dozens of cases reported there. 
    Thanks guys, that's already a weight off my mind.. Will look into the post you've mentioned
  • Umkomaas said:
    They're saying they have enough evidence to take me to court and have sent a Letter Before Claim letter.
    It's not a real, pucker, LBC, they're using the title to frighten you into paying. However, as it's from a solicitor respond as if it were a genuine LBC - how to do that is in the NEWBIES FAQ Announcement, second post.  Send that off, then relax and ignore anything further unless you receive a vanishingly unlikely County Court Claim form from the Northampton CCBC.

    Yours is the second new CST thread to be added in the past couple of days. They had gone quiet for a few months, but maybe they've had a new batch of last-gasp cases to have a go at intimidating. 

    There is a Group CST thread started by @siwoos - please read that, your case will be little different from the dozens of cases reported there. 
    When you say the second thread on the FAQs for Newbies, do you mean the SAR template? I'm going to send that to them by email, is that right?
  • Umkomaas said:
    They're saying they have enough evidence to take me to court and have sent a Letter Before Claim letter.
    It's not a real, pucker, LBC, they're using the title to frighten you into paying. However, as it's from a solicitor respond as if it were a genuine LBC - how to do that is in the NEWBIES FAQ Announcement, second post.  Send that off, then relax and ignore anything further unless you receive a vanishingly unlikely County Court Claim form from the Northampton CCBC.

    Yours is the second new CST thread to be added in the past couple of days. They had gone quiet for a few months, but maybe they've had a new batch of last-gasp cases to have a go at intimidating. 

    There is a Group CST thread started by @siwoos - please read that, your case will be little different from the dozens of cases reported there. 
    Also, if I send this email/letter, does this put the whole thing on hold? Because the end of the 30 days is on 26th November but it says on the SAR page that they may take up to 2 months to respond so I'm worried i'll miss the deadline they've set.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It puts it on hold if you send the specifically worded email that section tells you to send to the solicitor.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Le_Kirk
    Le_Kirk Posts: 25,248 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Also, if I send this email/letter, does this put the whole thing on hold? Because the end of the 30 days is on 26th November but it says on the SAR page that they may take up to 2 months to respond so I'm worried i'll miss the deadline they've set.
    If you submit a SAR, the recipient has one calendar month to respond; if they continue to insist on 2 months or fail to respond in one month, immediately send a complaint to the ICO.
  • It puts it on hold if you send the specifically worded email that section tells you to send to the solicitor.
    They're already replied and asked me to supply my photo ID AND proof of ownership of the car... Not sure if the proof of ownership is a trap or not?
  • Le_Kirk said:
    Also, if I send this email/letter, does this put the whole thing on hold? Because the end of the 30 days is on 26th November but it says on the SAR page that they may take up to 2 months to respond so I'm worried i'll miss the deadline they've set.
    If you submit a SAR, the recipient has one calendar month to respond; if they continue to insist on 2 months or fail to respond in one month, immediately send a complaint to the ICO.
    They've already replied and asked me to supply my photo ID AND proof of ownership of the car... Not sure if the proof of ownership is a trap or not? Surely photo ID should be sufficient?
  • Umkomaas
    Umkomaas Posts: 43,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Le_Kirk said:
    Also, if I send this email/letter, does this put the whole thing on hold? Because the end of the 30 days is on 26th November but it says on the SAR page that they may take up to 2 months to respond so I'm worried i'll miss the deadline they've set.
    If you submit a SAR, the recipient has one calendar month to respond; if they continue to insist on 2 months or fail to respond in one month, immediately send a complaint to the ICO.
    They've already replied and asked me to supply my photo ID AND proof of ownership of the car... Not sure if the proof of ownership is a trap or not? Surely photo ID should be sufficient?
    It's the norm to send a copy of your V5C (logbook), but no photo ID. Instead, send a copy of redacted utility bill showing your name and address, or a copy of the NtK you have received from them. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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