Letter Before Claim

doddie79

TLDR:

5 questions:

1> Is this letter legit (there are no reply forms attached) but as far as I can tell it is a proper LBC. 
2> Are the reply forms at that link in the letter? It links to the "Pre-Action Protocol For Debt Claims"
3> How long do I have to make the SAR? I believe 30 days from the date on the letter. 
4> I don't believe that CIS are solicitors. Do I still send the 3 part email to them (as per Newbie thread here) or do I need to send it somewhere else. 
5> Is this really likely to make court?

Apols. for the lengthy thread. I'm trying top get things straight in my head. 

All help gratefully received. 

I have received a Letter Before claim.

It hasn't come with anything other than the single sided sheet shown. 

Being parked in a disabled bay is the contravention but I have photos of the bay showing that there was a total absence of upright signs indicating the purpose of the bay. And
further, the marking on the surface around the bay was unclear and poorly maintained (see picture).

I had to crawl under another car that was parked there a couple of days later to get some photos. That car also had a ticket on it and wasn't displaying a disabled badge. I assume their ticket showed the same contravention. I took a photo of that car in that same bay. 

I have read the Newbies thread and at this stage, I understand I need to pick things up from here. 

I have a query about the letter I received though. It has not come with any reply forms. But there is a link to the "Pre-Action Protocol For Debt Claims". Is this the same thing or should I be looking out for another letter with the reply forms? 

I understand I DO NOT use the 'reply forms' anyway. But that I need to make a Subject Access Request sometime soon. And that I need also to write an email to their solicitor. They didn't provide those details on this letter but I assume that this email should go to CIS (the address in bold on the LBC). 

Coupon-mad

 Is this really likely to make court?

Nope.

You can ignore LBCs that want payment to CIS.

B789

Read this document and check if the scam LBC you have received follows the PAP to the letter. Section 3 in particular:

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

doddie79

B789 said:

Read this document and check if the scam LBC you have received follows the PAP to the letter. Section 3 in particular:

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

At the very least it fails here, there was nothing enclosed. > 

"enclose a copy of the Information Sheet and the Reply Form at Annex 1 to this Protocol; and - 4 - (d) enclose a Financial Statement form (an example Financial Statement is provided in Annex 2 to this protocol - the Statement is part of the Standard Financial Statement and can be downloaded from sfs.moneyadviceservice.org.uk)."

doddie79

Coupon-mad said:

 Is this really likely to make court?

Nope.

You can ignore LBCs that want payment to CIS.

Thank you @Coupon-mad . I did wonder if it was just another debt collector letter posing as something else. 

Does this mean I don't have to waste my time requesting the SAR either i.e I don't need to take any action unless I get a court claim from the CCBC in Northampton?

I have wondered about writing to my MP. But not sure if that would make much difference. 

I went past the same spot yesterday. RCP still have not repainted the bay or updated their signage. There was another car parked in the same spot without a blue badge. 

If I was a cynical person, I'd be minded to think that they deliberately obfuscate things to issue tickets as a means to generate revenue. And that they couldn't really care less about providing spaces to Blue Badge holders. 

But given that at the top of the letter it says RCP are "The Professional Car Park Operators" that cynicism is clearly misplaced. 

B789

doddie79 said:

B789 said:

Read this document and check if the scam LBC you have received follows the PAP to the letter. Section 3 in particular:

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

At the very least it fails here, there was nothing enclosed. > 

"enclose a copy of the Information Sheet and the Reply Form at Annex 1 to this Protocol; and - 4 - (d) enclose a Financial Statement form (an example Financial Statement is provided in Annex 2 to this protocol - the Statement is part of the Standard Financial Statement and can be downloaded from sfs.moneyadviceservice.org.uk)."

And there you have your answer.

The only parties that can issue an LoC are the Claimant or their legal representative and you have to reply to whoever sent you the LoC. As you can see in the one you have shown us, the scammers are telling you not to contact them but some other scamming debt collector.