Gladstones LBC response

Flames709

Hello All, I have recently joined this forum after finding out about it from google. Having read the newbie thread I cannot for the life of me find any search results for "gladstones robust lbc response". I have tried searching on my mobile but no results.

If anyone could help me with a link to an old robust response or tell me how to write a robust response it would be appreciated.

Dear Sir or Madam,

I am writing in regard to your ‘letter before claim’ dated x. I am the registered keeper of the vehicle with registration plate x.

The letter claims that an unpaid parking charge dated x at x, has not been paid. As x months has elapsed since the dated of the alleged offence, I would like to see photographic evidence that the vehicle was indeed parked at the mentioned location on the date above.

I am seeking debt advise but I deny any debt and the case must be put on hold for not less than 30 days under the PAP for debt claims 2017.

Here is the LBC for reference:

Coupon-mad

https://forums.moneysavingexpert.com/discussion/6487061/search-function-glitch-will-affect-people-searching-for-parking-threads#latest

That's why the search today yields nothing!   Really frustrating. 

I would not ask for any photos or info.
You would actually be better not having that level of detail pre-claim so you can use CEL v Chan in your defence (see the Template Defence) as that gives a good chance of the claim being struck out.

Instead ask if the added £70 is a supposed DRA fee and if so, is it nett of VAT or inclusive, and if the latter, why are you being required to pay the operator's VAT?

And secondly, ask them to explain the nature of the £100 parking charge.  Is it damages? Or will it be pleaded as consideration for parking?

Please ask in those exact terms/words.  There's a reason why to ask exactly the above two questions!

Also it is not too late to complain to the landowner.  This is not litigation stage yet. 

1505grandad

"And secondly, ask them to explain the nature of the £100 parking charge."

Just a thought  -  the charge may be £90 in view of "Amount due - £160"?.

Flames709

Here is the second page what are parking charges and what's added?

UncleThomasCobley

The initial charge is indeed £90, not £100. The LoC states that £70 is for facilitating recovery, blah, blah...

Le_Kirk

When the search facility returns to normal, change the drop-down box from Best Match to Newest, that will help.

Coupon-mad

None of the above changes anything except the PCN is £90.

Please ask what I said to ask. I don't think I could have made it more clear that these are specific questions, asked for a good reason:

Instead ask if the added £70 is a supposed DRA fee and if so, is it nett of VAT or inclusive, and if the latter, why are you being required to pay the operator's VAT?

And secondly, ask them to explain the nature of the £90 parking charge.  Is it damages? Or will it be pleaded as consideration for parking?

Please ask in those exact terms/words.  There's a reason why to ask exactly the above two questions!

You could also ask why they say they can add £80 fixed legal fees when the cap is £50 at this level of claim.

Flames709

Coupon-mad said:

None of the above changes anything except the PCN is £90.

Please ask what I said to ask. I don't think I could have made it more clear that these are specific questions, asked for a good reason:

Instead ask if the added £70 is a supposed DRA fee and if so, is it nett of VAT or inclusive, and if the latter, why are you being required to pay the operator's VAT?

And secondly, ask them to explain the nature of the £90 parking charge.  Is it damages? Or will it be pleaded as consideration for parking?

Please ask in those exact terms/words.  There's a reason why to ask exactly the above two questions!

You could also ask why they say they can add £80 fixed legal fees when the cap is £50 at this level of claim.

Thanks for your help, I was going to adapt this robust template as it seemed like the most applicable to my situation. 
https://forums.moneysavingexpert.com/discussion/6425254/lbc-sent-to-old-address-despite-informing-ppc-of-move/p1

But you said not to ask for photos or info, so I have written the following letter. Is this okay before I send?

Dear Sir or Madam,

I am writing in regard to your ‘letter before claim’ dated x. I am the registered keeper of the vehicle with registration plate x. This email is to acknowledge your letter before claim on behalf of x.

I am currently seeking debt advice, however I deny any debt and the case must be put 'on hold' for not less than 30 days under the Pre-Action Process for Debt Claims 2017.

I would like to know if the added £70 is a supposed DRA fee and if so, is it nett of VAT or inclusive, and if the latter, why am I being required to pay the operator's VAT?

Secondly, I would like you to explain the nature of the £90 parking charge.  Is it damages? Or will it be pleaded as consideration for parking?

Regarding your extortionate £80 addition for “fixed legal fees” for recovering your client’s unfair parking charge, I would like to know why these disproportionate legal costs are added. Previous judgements have ruled this unfair and the code of practice created by the Department for Levelling Up, Housing and Communities ('DLUHC') also caps the maximum fee at £50 for publicly accessible car parks.

Your client knows this claim is meritless and should be cancelled immediately. If it is not, I am more than prepared to defend this case in court. Please continue to send correspondence at the original address you have on the file.

Yours faithfully

John Doe

    

Coupon-mad

Remove this as you have got the wrong end of the stick:

Regarding your extortionate £80 addition for “fixed legal fees” for recovering your client’s unfair parking charge, I would like to know why these disproportionate legal costs are added. Previous judgements have ruled this unfair and the code of practice created by the Department for Levelling Up, Housing and Communities ('DLUHC') also caps the maximum fee at £50 for publicly accessible car parks.

The £80 'fixed legal fees' have nothing to do with the DLUHC and the new statutory code is temporarily withdrawn, so no statutory cap applies yet - and the £80 I mentioned is a completely different fee...

Flames709

Coupon-mad said:

Remove this as you have got the wrong end of the stick:

Regarding your extortionate £80 addition for “fixed legal fees” for recovering your client’s unfair parking charge, I would like to know why these disproportionate legal costs are added. Previous judgements have ruled this unfair and the code of practice created by the Department for Levelling Up, Housing and Communities ('DLUHC') also caps the maximum fee at £50 for publicly accessible car parks.

The £80 'fixed legal fees' have nothing to do with the DLUHC and the new statutory code is temporarily withdrawn, so no statutory cap applies yet - and the £80 I mentioned is a completely different fee...

Thanks for correcting me:

Dear Sir or Madam,

I am writing in regard to your ‘letter before claim’ dated x. I am the registered keeper of the vehicle with registration plate x. This email is to acknowledge your letter before claim on behalf of x.

I am currently seeking debt advice, however I deny any debt and the case must be put 'on hold' for not less than 30 days under the Pre-Action Process for Debt Claims 2017.

I would like to know if the added £70 is a supposed DRA fee and if so, is it nett of VAT or inclusive, and if the latter, why am I being required to pay the operator's VAT?

Secondly, I would like you to explain the nature of the £90 parking charge.  Is it damages? Or will it be pleaded as consideration for parking?

Regarding your extortionate £80 addition for “fixed legal fees” for recovering your client’s unfair parking charge, I would like to know why these disproportionate legal costs are added when the cap is £50 at this level of claim.

Your client knows this claim is meritless and should be cancelled immediately. If it is not, I am more than prepared to defend this case in court. Please continue to send correspondence at the original address you have on the file.

Yours faithfully

John Doe

    

Le_Kirk

It is the Pre-action Protocol for debt claims and it is the VRM (Vehicle Registration Mark) you refer to, not the registration plate.