Fluttering ticket parking fine

ParkingScum

I have named where the parking event took place on the final one just didn't want to post it on here. @Coupon-mad I appreciate your help but I’m struggling a bit. I read a reply to a letter before claim on one of the other threads that was far longer than mine and you had commented saying it was good. You also told me not to try and get a 30 day hold as its pointless to delay it? Please don’t take these comments as me being ungrateful I’m just getting conflicting advice. A good friend of mine had his taken no further by BW legal with a similar styled response. I’m happy to say I’m getting debt advice so I need a 30 day hold.

Coupon-mad

Coupon-mad said:

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

All I could find that I said before (a few weeks ago) about delaying the claim was this, above.

But there is now good reason to definitely delay claims a month.

Sorry if it looks conflicting. It's because we are now in July and something big is coming.

Do write what you are comfortable with (certainly including the magic words about 'seeking debt advice') but things are changing quickly this Summer and as you are now so close to the DLUHC's Announcement I would go with my latest advice.

I know we USED to suggest longer responses but I don't think they are needed right now.  Your timing is perfect!

Don't ask questions about the fake DRA fee or write long paragraphs of case law, as it will be superseded by the Government's statutory CoP anyway.

Let the roboclaim eejits know you know!

Puts them in a near impossible position and when they revisit your case in August/September, I hope they'll be spitting feathers, having had a taste of their own medicine, served cold by the DLUHC. 

1505grandad

"I have named where the parking event took place on the final one just didn't want to post it on here."

If the above was relating to my previous post I'm afraid I do not understand the statement.

I was merely trying to ascertain if the land was subject to byelaws as you clearly state:-

"...... a false charge on land that is evidently not relevant under POFA2012."

Fruitcake

Don't use the word "offence" as it is no such thing.

I agree, it's far too long as a response to a LBC.

The purpose is to comply with the court pre-action protocol of trying to narrow the issue and avoid a court claim, and letting VCS know you are on to them about the fake add on debt/admin charges, and that you know they are likely going to be banned when the mandatory CoP is instigated. 

Personally, I would delay the claim by 30 days because of it's pure annoyance factor, and the chance that the new COP consultation on parking charges will be able to review and include in your defence.
To do that you must state that you are seeking debt advice and require the case to be put on hold for 30 days in accordance with court pre-action protocol.

ParkingScum

Thanks for the advice. @1505grandad my comments about not being land under POFA2012 was because they have supplied me with nothing to prove they have jurisdiction of the carpark. They probably have but won’t supply me with it. I will shorten it a bit and ask for 30 days for debt advice.

ParkingScum

Should I mention anything about the DLUHC’s announcement?

Coupon-mad

Yes, the a, b, c, d that I think I suggested.

ParkingScum

So shortened my response letter to the Letter Before Action and asked for 30 days while i seek debt advice. I didn’t think I’d hear from them for at least 30 days but low and behold a letter from ELMS legal arrived saying they are now commencing legal proceedings and giving me 14 days to settle out of court. Wasn’t expecting this. Don’t know weather its a good sign as in VCS are desperate to settle out of court or if it is just their automated response which would have happened anyway. Are they allowed to harass me further while the 30 days grace for me to get debt advice is in play?

B789

Why are you signing robust responses pre-legal action with "Regards..."? This is not social media where you bandy about love and emojis. You start official letters with "Dear Sir" and end with "Yours faithfully".

These aren't your mates. They're scammers after your hard earned money. Get your head around it and start thinking properly.

Coupon-mad

ParkingScum said:

So shortened my response letter to the Letter Before Action and asked for 30 days while i seek debt advice. I didn’t think I’d hear from them for at least 30 days but low and behold a letter from ELMS legal arrived saying they are now commencing legal proceedings and giving me 14 days to settle out of court. Wasn’t expecting this. Don’t know weather its a good sign as in VCS are desperate to settle out of court or if it is just their automated response which would have happened anyway. Are they allowed to harass me further while the 30 days grace for me to get debt advice is in play?

Email Elms once more and remind them what the PAP says about the 30 day hold rule.