LETTER OF CLAIM - I DO NOT OWN VEHICLE!

Coupon-mad

Partly depends on Summer holiday plans and avoiding delaying a claim to slap bang when you are away.  This is common sense really.

DownToContest900

Coupon-mad said:

"Claimant: DCB Legal Ltd"

No it clearly isn't!

This is too wishy washy:

"I hope this is reviewed and appropriately actioned in due course."

Clearly I assumed the claimant were the ones sending the letter,  however your comment makes sense the more I go over it! I've changed this below - 

I've also signed it off in a more "pressing" way found on a past example on this forum. If this is too strong at this stage, Please let me know! All the helps appreciated


"

Dear Sir/Madame

Your Ref. redacted
Proposed Legal Proceedings
Claimant: UK Parking Control Limited

I refer to your letter of claim.

I confirm that my address for service for the time being is as follows, and any older address must be erased from your records:
redacted

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

I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

On the 31/08/2018, the offending vehicle to which I was registered keeper, was sold. Since then it has received a PCN on 24/06/2023. It appears the DVLA lost and thus did not action the V5C change of ownership slip sent on the same day of sale.. The original PCN and any follow ups have been sent to the wrong address even though my drivers’ license details have always been up to date. I have since requested that DVLA update their records and provide proof of this change. There is record of the vehicle since being taxed and MOT’d by another party so should you wish to pursue this, I will counterclaim for no less than £300 because your refusal to acknowledge that I am the wrong person to pursue on this matter is a course of conduct amounting to harassment. I do not and will not have keeper liability for anything involving this vehicle since it was sold.

As your client cannot pursue me as driver or keeper, it would be an abuse of the court’s process for your client to issue a claim against me and I will defend any such claim vigorously and seek costs in relation to your client’s unreasonable conduct.

Yours faithfully,

Redacted

DownToContest900

LDast said:

If you really need the extra 30 days then use it. However, the extra 30 days are not added to the original 30 days but 30 days from the date you send the LoC response. SO, if you need to maximise the delay, then send it on day 29 after the original LoC date.

Makes complete sense. I suppose I was only after prolonging it as DVLA said it'll take 4 weeks to action the letter I sent on the 30th. I've heard they wont really assist anyways.. Going over all of these other posts though, It cant hurt to reply a bit sooner. I'll probably do it Thur/Fri. In relation to the holiday point, thankfully the rest of my calendar year is currently free to see this through as and when they respond.

LDast

DownToContest900 said:

Dear Sir/Madame Dear Sirs or Dear Sir/Madam

Your Ref. redacted
Proposed Legal Proceedings
Claimant: UK Parking Control Limited

I refer to your letter of claim.

I confirm that my address for service for the time being is as follows, and any older address must be erased from your records:

redacted

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

I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

On the 31/08/2018, the offending vehicle to which I was registered keeper, was sold. Since then it has received a PCN on 24/06/2023. It appears the DVLA lost and thus did not action the V5C change of ownership slip sent on the same day of sale.

The original PCN and any follow ups have been sent to the wrong address even though my drivers’ license details have always been up to date. I have since requested that DVLA update their records and provide proof of this change. There is record of the vehicle since being taxed and MOT’d by another party. 

[so should you wish to pursue this, I will counterclaim for no less than £300 because your refusal to acknowledge that I am the wrong person to pursue on this matter is a course of conduct amounting to harassment. I do not and will not have keeper liability for anything involving this vehicle since it was sold.]

The above para is probably not necessary unless you fully intend to make Part 20 counterclaim which will cost you £35 for a counterclaim up to £300 and £50 for a counterclaim for up to £500. If you win your counterclaim then you can get those fees back. However, it is not always so simple to make a successful counterclaim.

As your client cannot pursue me as driver or keeper, it would be an abuse of the court’s process for your client to issue a claim against me and I will defend any such claim vigorously and seek costs in relation to your client’s unreasonable conduct.

Yours faithfully,

Redacted

Please see corrections and observations above.

DownToContest900

LDast said:

DownToContest900 said:

Dear Sir/Madame Dear Sirs or Dear Sir/Madam

Your Ref. redacted
Proposed Legal Proceedings
Claimant: UK Parking Control Limited

I refer to your letter of claim.

I confirm that my address for service for the time being is as follows, and any older address must be erased from your records:

redacted

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

I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

On the 31/08/2018, the offending vehicle to which I was registered keeper, was sold. Since then it has received a PCN on 24/06/2023. It appears the DVLA lost and thus did not action the V5C change of ownership slip sent on the same day of sale.

The original PCN and any follow ups have been sent to the wrong address even though my drivers’ license details have always been up to date. I have since requested that DVLA update their records and provide proof of this change. There is record of the vehicle since being taxed and MOT’d by another party. 

[so should you wish to pursue this, I will counterclaim for no less than £300 because your refusal to acknowledge that I am the wrong person to pursue on this matter is a course of conduct amounting to harassment. I do not and will not have keeper liability for anything involving this vehicle since it was sold.]

The above para is probably not necessary unless you fully intend to make Part 20 counterclaim which will cost you £35 for a counterclaim up to £300 and £50 for a counterclaim for up to £500. If you win your counterclaim then you can get those fees back. However, it is not always so simple to make a successful counterclaim.

As your client cannot pursue me as driver or keeper, it would be an abuse of the court’s process for your client to issue a claim against me and I will defend any such claim vigorously and seek costs in relation to your client’s unreasonable conduct.

Yours faithfully,

Redacted

Please see corrections and observations above.

I've always had the talent for adding too much context(blagging). Reading your draft was enlightening. Shedding something down to be concise but keeping all the necessary context is very much a great skill. thanks for the assist..!

I wont be pursuing to countersue for sure. Sooner they're gone, the better. Just thought it sounded strong. How's the below? Against the urges, i've removed the closing off line all together.

 3rd times the charm..


"

Dear Sir/Madame

Your Ref. Redacted
Proposed Legal Proceedings
Claimant: UK Parking Control Limited

I refer to your letter of claim.

I confirm that my address for service for the time being is as follows, and any older address must be erased from your records:
Redacted

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

I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

 

On the 31/08/2018, the offending vehicle to which I was registered keeper, was sold. Since then it has received a PCN on 24/06/2023. It appears the DVLA lost and thus did not action the V5C change of ownership slip sent on the same day of sale.

The original PCN and any follow ups have been sent to the wrong address. I have since requested that DVLA update their records and provide proof of this change. There is record of the vehicle since being taxed and MOT’d by another party. 

 

As your client cannot pursue me as driver or keeper, it would be an abuse of the court’s process for your client to issue a claim against me and I will defend any such claim vigorously and seek costs in relation to your client’s unreasonable conduct.

Yours faithfully,

Redacted

Coupon-mad

Not "Madame" which has dodgy connotations!

DownToContest900

Coupon-mad said:

Not "Madame" which has dodgy connotations!

After a quick google, i'm surprised! Had no idea ha. Does the rest of the draft seem acceptable to you?

Coupon-mad

Yep.       

DownToContest900

Thanks! Off the top of your memory, do these sort of cases struggle much? I looked in the forums for past examples and cant find an exact that matches my situation. Sold vehicle. DVLA failed to admin accordingly. Not the owner or driver. I've seen others with v5C issues but they were the owner of the vehicle or they were the driver etc. Hoping this is a strong foundation!

Coupon-mad

You won't struggle.  You've told them before court action that the vehicle was sold so they have no cause of action; THEY will struggle.