ShakespeareMartineau - Parking Control Management

PartyPops

Hi Guys, 

I have received a "letter of claim pursuant to the pre-action protocol for debt claims ("the Protocol")" it seems like a LBC with the usual forms and 30 days to send back from Shakespeare Martineau whos acting on behalf of Parking Control Management (UK).

I've used the search option and used this thread on here "Parking - Letter Before County Court Claim (LBCCC) - Fight back! Guidance Thread" to draft a response which I've done successfully (btw thanks so much for the guy that prepped this it is AWESOME) as I'm a new account, I don't think I'm allowed to post links to it on here which is why I put the thread title. Hopefully that is still in date and applies in England.

I've drafted a response which I am ready to send them. 

For the record, I have numerous tickets with these guys probably like 10 of them. I have unfortunately ignored all as I didn't know about this forum. They have decided to send me the LBC for one of these tickets and not all of them (weird?) , anyway more might be on the way but I'm willing to fight back and have some fun whilst at it as it's really interesting to learn these things and the laws that apply since small claims court is something that we may come across throughout our lives. If all goes bad and in the end it goes to court and I lose, I'm willing to pay up in 30 days avoid the CJJ in my credit file but hey, why not fight it as I have a chance right?

So I've started this thread to track my progress and I have a first question! 
Where do I send this response? Is this done via email? do I post it to the address? 
There is an email address at the end of the letter @shma.co.uk they've also said in the letter "please forward your prepayment proposals in writing to the above address or by email to **@shma.co.uk (covered the email incase its not allowed)

I am within the 14 days to reply back so after sending this response, I'm going to try and get in touch with the landlord to get it cancelled and see how that goes as I heard I need to kickstart this defence process incase anyway.

Thanks!

Coupon-mad

No, that thread is ancient and the gobbledegook in the reply it suggests is VERY out of date. Forget it entirely.

You didn't need to search the forum. Read the second post of the NEWBIES sticky thread.

PartyPops

Oh god! I just spent the time to write this response regarding the Practice Direction not being followed for no reason then
Does none of the Practice Direction stuff no longer apply? 

I understand I will write a SAR to their DPO and then write back to them explaining I've requested a SAR and that I'm seeking debt advice and asking for the case to be put on hold.

PartyPops

Coupon-mad said:

No, that thread is ancient and the gobbledegook in the reply it suggests is VERY out of date. Forget it entirely.

You didn't need to search the forum. Read the second post of the NEWBIES sticky thread.

When making a Subject Access Request, do we do this for myself as the keeper or do we do this for the specific PCN?

Basically do I have to quote that PCN specifically or is it sort of a generic request for everything they hold for me?

Le_Kirk

When submitting a SAR you are asking for YOUR data.  If you read the NEWBIE sticky you will find links to text for SAR.  Send proof of who you are related to the PCNs and request that they supply ALL the PCNs outstanding.  Do not supply any photographic proof of identity as it isn't a legal requirement.

B789

This is an example of a SAR template:

https://www.dropbox.com/s/v29cyfyuglg1ban/subject_access_request3.pdf?dl=0

PartyPops

Thanks for the guidance.
So I have some questions about the changes that shifted the advice given no longer quote the Practice direction as a response to the LBA:
- What changed? I understand that previously quoting the practice direction and non compliance in these letters would sometimes get the claimant to back off in addition to showing the judge that we are engaging?

- If the claimant decides to take me to court, what difference does it make to obtain a SAR apart from just knowing what they have on you? I have read that allot of times where people have eventually engaged with the claimant via form of sar or appeal they are most likely taken to court? 

- Can I take my chances , ignore the LBA and then defend myself in court? Baring in mind that I have never engaged in any form of way to any letters that came? Case is for parking in a private residence car park , I have grounds for defence as the signs were cr*p but what I want is only defend against the judge if it goes that far. 

Coupon-mad

The Practice Direction quoted in that old thread changed, so none of it makes much sense. There isn't an Annex A.

Doing a SAR has no effect on the likelihood of a court claim. That's never been said or observed to be the case.

No, you SHOULD REPLY robustly to a LBC stating why their client has no cause of action and to get lost!  Robust but not rude.  The Judge will prefer it and you'll look better.

You'll find examples of ones I've written before if you search the forum for:

Dear Sirs extorting money motorists

or

Dear Sirs Arkell cease desist

Grizebeck

this one wont result in a claim

Fruitcake

In the handful of ShakespeareMarineau threads I have seen on this forum, they have always got the name of the PPC wrong on their LBC and have instead quoted the name of a dormant company.

Please tell us the name of the PPC exactly as it appears on your LBC or post a copy of the LBC with your personal data redacted. 

 

PartyPops

Grizebeck said:

this one wont result in a claim

Hey Grizebeck, thanks for replying - what makes you think that?

Fruitcake said:

In the handful of ShakespeareMarineau threads I have seen on this forum, they have always got the name of the PPC wrong on their LBC and have instead quoted the name of a dormant company.

Please tell us the name of the PPC exactly as it appears on your LBC or post a copy of the LBC with your personal data redacted. 

 

name of PPC is quoted as Parking Control Management (UK) Limited on the LBC