Horizon and Debt Recovery Plus, Pre Legal Action

1505grandad

Just checking  -  the NtK and 1st reminder states £85 outstanding  -  yet the final reminder states £95 o.s.

The LBC above states £165 and talks about a £70 add-on  -  so why are they claiming for the amount on the final reminder and not the NtK?  - unless I am missing something should the amount claimed be £155?

Coupon-mad

 links to the copies of parking charge notices and DRP letters

https://www.dropbox.com/scl/fo/po0v6afwww8y6eztfuevh/h?rlkey=12et688so81zlsmzadoavm2q2&dl=0

Good spot, @1505grandad

kaylouem you can just use the recommended LBC response in the NEWBIES thread.

DON'T tip them off that they've got the amount wrong because it'll be an extra defence point, if Gladstones serve a Claim for Horizon.

I think it's unlikely to escalate, because Gladstones LBCs seem to usually be just another threatogram and are rarely followed by an actual Claim, in our experience.

Cases swirl round & round in the cess pool of parking DRAs. You'll probably have silence again but YOU MUST tell Gs to erase the old address (it's in the LBC reply we recommend).

kaylouem

1505grandad said:

Just checking  -  the NtK and 1st reminder states £85 outstanding  -  yet the final reminder states £95 o.s.

The LBC above states £165 and talks about a £70 add-on  -  so why are they claiming for the amount on the final reminder and not the NtK?  - unless I am missing something should the amount claimed be £155?

The Final Reminder went up to £95 as they say it includes an admin fee, so are you saying that Gladstones should only be using the figure from the original NTK?
I really do not understand fully the rules on charges so I am not sure what is the correct figure they should be quoting!

The response has been sent to Gladstones now using the template in the NEWBIES thread so I will keep you updated.
Thank you and also to @Coupon-mad for your advice

kaylouem

Just heard back from my daughter, she's not actually sent her email as yet, only drafted it....does this look ok?

Dear Sirs,

Your Ref. xx

Proposed Legal Proceedings

Claimant: Horizon Parking Ltd

I refer to your your letter of claim.

I confirm that my address for service for the time being - assuming you don't faff about and delay any claim - is as follows and any older address must be erased from your records:

xxxxxx
xxxxxx
xxxxxx

The alleged debt is disputed and any court proceedings will be vigorously defended.

As the purported NTK does not comply with the requirements for a notice to keeper in the law known as POFA, Horizon cannot hold me liable as keeper.
 

I am not obliged to identify the driver and I decline to do so.

As there is no presumption in law that the registered keeper of a vehicle drove it on any particular occasion, your client cannot pursue me for the parking charge as driver. 

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

Don't send me your usual blather about that.

I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional £70 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

Yours faithfully

Coupon-mad

Anything will do.  Won't stop the claim.  No worries, it's what she wants in fact.

Does she not want the 30 day hold then? She dropped those words, so we assume she prefers the Claim to arrive sooner rather than later?

kaylouem

Coupon-mad said:

Anything will do.  Won't stop the claim.  No worries, it's what she wants in fact.

Does she not want the 30 day hold then? She dropped those words, so we assume she prefers the Claim to arrive sooner rather than later?

We were looking through some other cases on here and some were told to drop that paragraph, not sure why, but she will add that in now. Thank you