Almost statue barred - Can I delay?

tandoh

Hi all,

I have received a letter before claim (dated 06/07) for a PCN dated 17/08/16. This is 6 weeks off the date which I believe this will become statue barred. 

Does receiving the LoC mean this won’t become statue barred next month as I had hoped, or can I request for a “not less than 30 day hold under the PAP” in a couple of weeks time, and push the case past the statue barred date?

Thanks!

KeithP

Assuming 17/08/16 means 17th August 2016 - and not 16th August 2017 - then surely any claim became statute barred last August.

Please clarify.

tandoh

KeithP said:

Assuming 17/08/16 means 17th August 2016 - and not 16th August 2017 - then surely any claim became statute barred last August.

Please clarify.

Hi Keith, 

Thanks for the reply and apologies, that was a rather big typo there or some subconscious and wishful thinking on my part. The correct date is 17th August 2017! 

Thanks

Umkomaas

Which parking firm and which solicitor?

On what date will the 30-day deadline for response to the LBC fall?

Coupon-mad

This is easy and I've advised this to others:

You could always ask a question first, at the end of the timeline they give, and save the 'seeking debt advice' tactic to within 30 days of your deadline.

Could write officiously asking for disclosure of documents as allowed under the PAP (section 2 maybe, it's in the PAP somewhere). Ask for proof of landowner authority and tell them this to keep them busy:

As stated in ICO guidance, a Section 41 exemption does not generally apply to contracts, and if it does, the main part of the contract can generally be provided with the sensitive information redacted. (https://ico.org.uk/media/for-organisations/documents/1432163/information-provided-in-confidence-section-41.pdf) 

Should take them a couple of weeks and then they'll maybe give you 14 days before they file a claim.

Then you use the final silver bullet of "I am seeking debt advice and require a 30 day hold".  But it sounds like you can just use that silver bullet at the end of July anyway - job done.

If this is BW Legal please show the LBC as a picture.  I am gathering evidence of their offers to settle.

tandoh

Umkomaas said:

Which parking firm and which solicitor?

On what date will the 30-day deadline for response to the LBC fall?

Thanks for your reply.

It’s Met Parking Services and DCB legal. As for the deadline, I believe it works out as 4th August, 13 days within the 6 year period.

Thanks

Umkomaas

tandoh said:

Umkomaas said:

Which parking firm and which solicitor?

On what date will the 30-day deadline for response to the LBC fall?

Thanks for your reply.

It’s Met Parking Services and DCB legal. As for the deadline, I believe it works out as 4th August, 13 days within the 6 year period.

Thanks

Respond to DCB Legal a few days before 04/08, requiring them to put the case on a 30-day hold, as per the PAP, as you are seeking debt advice (use those specific words).  Then once you're absolutely clear that the case has gone beyond the statute barred end point, send them a GFY letter!

tandoh

Coupon-mad said:

This is easy and I've advised this to others:

You could always ask a question first, at the end of the timeline they give, and save the 'seeking debt advice' tactic to within 30 days of your deadline.

Could write officiously asking for disclosure of documents as allowed under the PAP (section 2 maybe, it's in the PAP somewhere). Ask for proof of landowner authority and tell them this to keep them busy:

As stated in ICO guidance, a Section 41 exemption does not generally apply to contracts, and if it does, the main part of the contract can generally be provided with the sensitive information redacted. (https://ico.org.uk/media/for-organisations/documents/1432163/information-provided-in-confidence-section-41.pdf) 

Should take them a couple of weeks and then they'll maybe give you 14 days before they file a claim.

Then you use the final silver bullet of "I am seeking debt advice and require a 30 day hold".  But it sounds like you can just use that silver bullet at the end of July anyway - job done.

If this is BW Legal please show the LBC as a picture.  I am gathering evidence of their offers to settle.

Thanks for the advice Coupon-mad, it sounds like a good approach to me! 

To confirm, if I take the approach of asking for disclosure of documents etc, whilst not acknowledging responsibility for the fine, does that in essence also put the timeline on hold until they response? I want to ensure I get 
the sequence and timing correct.

As mentioned above, it’s DCB Legal, however I’m happy to post a redacted copy if it’s helpful.

Thanks!

tandoh

Umkomaas said:

tandoh said:

Umkomaas said:

Which parking firm and which solicitor?

On what date will the 30-day deadline for response to the LBC fall?

Thanks for your reply.

It’s Met Parking Services and DCB legal. As for the deadline, I believe it works out as 4th August, 13 days within the 6 year period.

Thanks

Respond to DCB Legal a few days before 04/08, requiring them to put the case on a 30-day hold, as per the PAP, as you are seeking debt advice (use those specific words).  Then once you're absolutely clear that the case has gone beyond the statute barred end point, send them a GFY letter!

Perfect thank you! One final question, should responses be written or will via email suffice?

Umkomaas

tandoh said:

Umkomaas said:

tandoh said:

Umkomaas said:

Which parking firm and which solicitor?

On what date will the 30-day deadline for response to the LBC fall?

Thanks for your reply.

It’s Met Parking Services and DCB legal. As for the deadline, I believe it works out as 4th August, 13 days within the 6 year period.

Thanks

Respond to DCB Legal a few days before 04/08, requiring them to put the case on a 30-day hold, as per the PAP, as you are seeking debt advice (use those specific words).  Then once you're absolutely clear that the case has gone beyond the statute barred end point, send them a GFY letter!

Perfect thank you! One final question, should responses be written or will via email suffice?

Email, then you have evidence that it was sent, especially if you bcc the email to a different email address you hold, proof then that DCB Legal would have received it. 

Fruitcake

I would send the request for info as advised by C-m next week.

I would then send the "Whilst I deny the debt I am seeking debt advice and require the case to be put on hold for 30 days as per court pre-action protocol" by post on Friday the 28th of July, first class from a Post Office counter and obtain the essential free proof of posting certificate.

I would also send an identical 30 day hold instruction by email on Monday the 31st of July or no later than Tuesday the 1st of August. Also send it to yourself.

In all cases, include your full name and address and PCN/LoC reference number exactly as it appears on the LoC.