Fluttering ticket parking fine

ParkingScum

So just an update on this case;
I have been sent a demand for payment letter (ignored and filed) followed by a final demand for payment letter in which they told me all the horrible things that could happen to me if I receive a CCJ (ignored and filed). Yesterday I received my Letter Before Action. I’m aware I don’t have to respond to this but is there anything I should do to drag this out/cause VCS more work. For example say I’m getting financial advice and get another 30 days? I’m reluctant to spend any hard earn’t time on it to be honest knowing I’ll have to spend time on my case once the County Court papers arrive. And yes CouponMad you were correct VCS seem to be handling this ‘in house’ as all letters are from them, no solicitors involved.

B789

Is your "Letter Before Action" a real LoC/LBC? Besides giving you 30 days to respond, it is supposed to include some forms (which you don't fill in). An LoC/LBC must have specific wording in Para #3 and include the forms as described in the annexe of this document:

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

ParkingScum

It looks legitimate enough. There are forms asking if I want more time, if I dispute the debt etc, forms about my finances on the back. I would have check when at home for specific wording. I’ll get back on here later when I’ve checked thank you.

Coupon-mad

Only delay the claim if you want it delayed; e.g. to avoid handling a claim form just before a July holiday.

ParkingScum

When/if I have to appear in court is the date set in stone or are there options to select a date? I’ve a holiday in August. 

prowla

Incidentally, since receiving a fluttering ticket fine (Council) some years ago, I keep a clothes peg in the car which I clip onto the ticket when I put it onto the dashboard.

KeithP

ParkingScum said:

When/if I have to appear in court is the date set in stone or are there options to select a date? I’ve a holiday in August. 

There is an option later to state dates to avoid, but even if a Claim was issued today, there is no way that a hearing will be as soon as August.

Coupon-mad

ParkingScum said:

When/if I have to appear in court is the date set in stone or are there options to select a date? I’ve a holiday in August. 

My goodness any hearing is six months to a year away!   A claim form is just a form and in your case why delay the claim?  Let them do it.

ParkingScum

Ahh right thats great then. Didn’t realise a hearing would be that far in the future. So I’m going to ignore and file the letter before claim then and wait for the proper county court papers. Thanks as always for the advice everyone. B789 I will still check the letter before claim contains all the points your link says it should do.

B789

ParkingScum said:

Ahh right thats great then. Didn’t realise a hearing would be that far in the future. So I’m going to ignore and file the letter before claim then and wait for the proper county court papers. Thanks as always for the advice everyone. B789 I will still check the letter before claim contains all the points your link says it should do.

If it has the forms you mentioned and gives you 30 days then it is most likely a real LoC. You don't have to ignore the LoC though. You can respond robustly and demand that they provide you with all their evidence of the alleged breach of contract and tell the that you will be putting them to strict proof of whatever is in their allegation, and so on.

Here is a list of a few responses to LoCs that @Coupon-mad has composed over the years. They are for specific cases so don't just copy and paste from them. Just look at the tone and substance to guide your response:

Coupon-Mad LBC responses:

DCBLegal:

https://forums.moneysavingexpert.com/discussion/comment/79609792#Comment_79609792

Gladstones:

https://forums.moneysavingexpert.com/discussion/comment/79609792#Comment_79609792

BW Legal:

https://forums.moneysavingexpert.com/discussion/comment/78430852#Comment_78430852

And another BW Legal one where they backed down:

https://forums.moneysavingexpert.com/discussion/comment/77778681#Comment_77778681