Received Parking Charge even though I have evidence on my bank statement that I paid

Alphawife

Coupon-mad said:

Totally ignore them (unless a court claim arrives). Tell them if you move house. That's all

Thank you for you’re continuing support and advice. It feels quite scary the thought of court action but I feel it’s the right way to go as everything was done correctly on the day and payment was taken. 

Alphawife

Coupon-mad said:

Totally ignore them (unless a court claim arrives). Tell them if you move house. That's all

Coupon-mad said:

Totally ignore them (unless a court claim arrives). Tell them if you move house. That's all

This has arrived. Do I still ignore? Thanks in advance

Coupon-mad

Treat it as a LBC.

Respond as per the NEWBIES thread template for LBC stage..

LDast

Ask yourself whether the letter complies with section 3 of the Pre Action Protocol here:

https://www.justice.gov.uk/documents/debt-pap.pdf

As it doesn't, should they actually issue a claim, you will have additional ammunition against them for your defence. A failure by the claimant to comply with the Pre-Action Protocol (PAP) is a breach the Civil Procedure Rules (CPRs) and/or the relevant Practice Directions (PDs).

The CPRs and PDs set out the procedural rules and guidelines that parties must follow in civil litigation in England and Wales. Here’s how a failure to comply with the PAP should be viewed in this context:

1. CPR 1.3 - The Court's Overriding Objective: CPR 1.3 states that the court must actively manage cases and deal with them justly and at proportionate cost. Non-compliance with the PAP could be seen as undermining this objective, especially if it leads to unnecessary costs or delays.

2. CPR 3.4 - Court's Powers of Case Management: Under CPR 3.4, the court has powers to strike out a statement of case (such as a claim) if it appears to be an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings. Non-compliance with the PAP is grounds for such action if it severely affects the fairness or efficiency of the proceedings.

3. PD Pre-Action Conduct: Each Pre-Action Protocol has its own specific Practice Direction (PD) that supplements the CPRs. Failure to comply with the PD related to the specific Pre-Action Protocol breaches these additional guidelines.

4. Costs Consequences: Non-compliance with the PAP could also affect costs consequences. For example, if the Claimant fails to comply with a PAP and this leads to unnecessary costs, the court could order costs sanctions against that them.

Alphawife

LDast said:

Ask yourself whether the letter complies with section 3 of the Pre Action Protocol here:

https://www.justice.gov.uk/documents/debt-pap.pdf

As it doesn't, should they actually issue a claim, you will have additional ammunition against them for your defence. A failure by the claimant to comply with the Pre-Action Protocol (PAP) is a breach the Civil Procedure Rules (CPRs) and/or the relevant Practice Directions (PDs).

The CPRs and PDs set out the procedural rules and guidelines that parties must follow in civil litigation in England and Wales. Here’s how a failure to comply with the PAP should be viewed in this context:

1. CPR 1.3 - The Court's Overriding Objective: CPR 1.3 states that the court must actively manage cases and deal with them justly and at proportionate cost. Non-compliance with the PAP could be seen as undermining this objective, especially if it leads to unnecessary costs or delays.

2. CPR 3.4 - Court's Powers of Case Management: Under CPR 3.4, the court has powers to strike out a statement of case (such as a claim) if it appears to be an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings. Non-compliance with the PAP is grounds for such action if it severely affects the fairness or efficiency of the proceedings.

3. PD Pre-Action Conduct: Each Pre-Action Protocol has its own specific Practice Direction (PD) that supplements the CPRs. Failure to comply with the PD related to the specific Pre-Action Protocol breaches these additional guidelines.

4. Costs Consequences: Non-compliance with the PAP could also affect costs consequences. For example, if the Claimant fails to comply with a PAP and this leads to unnecessary costs, the court could order costs sanctions against that them.

Thank you for this information. Should I have been sent this information and form with the LBC? I didn’t receive anything other than the LBC in the envelope 

LDast

Alphawife said:
Should I have been sent this information and form with the LBC? I didn’t receive anything other than the LBC in the envelope 

In which case, I repeat my first question... "Ask yourself whether the letter complies with section 3 of the Pre Action Protocol". What was your answer to that question that you asked yourself?

Alphawife

LDast said:

Alphawife said:
Should I have been sent this information and form with the LBC? I didn’t receive anything other than the LBC in the envelope 

In which case, I repeat my first question... "Ask yourself whether the letter complies with section 3 of the Pre Action Protocol". What was your answer to that question that you asked yourself?

It appears section 3-c hasn’t been complied with. How do I prove the forms were not enclosed though? I fear these conmen just lie through their teeth. Also I’m led to believe, through the NEWBIES thread that the LBC should give a response period, is this correct?
Thanks in advance. Although I feel I’m completely out of my depth with all this, I’m determined to try and make sense of it so I can defend myself. The parking ticket was purchased and I have proof on a bank statement so I want to seek justice.
I appreciate all the advice I’m given. 

Gr1pr

No need to prove anything, you are a first hand witness and you are truthful in any statements you make, they are also put to the truth, read the statements of truth in a defence template and in a witness statement at the ends, both sides swear to it and the consequences for doing what you are asserting 

The opposition are the ones that must prove their case 

As already mentioned, that letter and omissions and non enclosures are failures if it really is what it pretends to be 

You can treat it as one on the face of it and reply accordingly, as mentioned earlier, so you can follow the correct procedures and let them carry on making glaring mistakes that all work in your favour , you want them to fail, and to keep failing 

Coupon-mad

We already have a template LBC response which I advised you to use.

Alphawife

Coupon-mad said:

We already have a template LBC response which I advised you to use.

Yes I’m going to use it. Thank you.