Need help from anyone who lives/works in Worthing

Racxie

Hi again. I know it's been a while since I posted this but hopefully you all can be as kind and helpful as you were before.

After my last comment I had appealed to POPLA to whom I pointed out the multiple errors that NCP had made in their correspodence with me and in their appeal which POPLA just outright ignored in their outcome where they sided with NCP (which was to be expected).

Since then I received (I think) 3 letters from a debt recovery agency which I ignored as per some of your previous suggestions and as per the MSE guide (which was updated around the time that I received the first letter).

However, today I've received yet another letter but this time from a law firm/solicitor titled "Letter before claim", yet unlike the previous advice and the MSE guide, I get the impression that unlike the debt collection letters I shouldn't ignore this. The updated guide does say to reply to a 'letter before claim, clearly stating your "reasons for disputing the claim, and include any evidence you intend to use later in court, such as photos or proof of a blue badge."

To me this seems kind of counter-intuitive, as if I'm giving them 'ammunition' in advance and more opportunity to prepare themselves for court (though my understanding is that there should be a mediation prior to this), while I'm left in the dark not knowing how I might counter whatever excuses they would come up putting me at a disadvantage.

I've also managed to misplace all the previous correspondence from NCP & POPLA, so I have written to POPLA hoping that they can forward me copies of all the documents, because otherwise I'm going to have an even harder time replying to the solicitors let alone fighting this. Their website's FAQ also claims that the only way to dispute a claim with them is over the phone (though again the guide makes it clear to do this in writing), and once their decision is made that they will not reconsider any disputes or discuss it further.

Again, I appreciate you're all used to probably seeing thousands of these, but it's still making me anxious and is starting to make me regret not having just paid the £60 and be done with it. So I'm really hoping some of you can give me some further guidance and hopefully put my mind at ease on what to do next, and thank you again in advance.

Umkomaas

There's a standard template for responding to a Letter Before Claim in the NEWBIES FAQ Announcement, second post.  Just use that, there's no suggestion from us to explain anything, or send any 'evidence'. Plain and simple reply.

I guess it's DCB Legal now representing NCP?  If so, read the following thread, because you'll be on your way to a discontinuance sometime early(ish) next year.

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1 

Racxie

Umkomaas said:

There's a standard template for responding to a Letter Before Claim in the NEWBIES FAQ Announcement, second post.  Just use that, there's no suggestion from us to explain anything, or send any 'evidence'. Plain and simple reply.

The guide says the following:

Clearly state your reasons for disputing the claim, and include any evidence you intend to use later in court, such as photos or proof of a blue badge. Make sure to use a traceable method when responding (for example, recorded delivery or email with read receipt), so you have proof of sending.

Which to me does very much read as it's suggested you should include your defence including evidence. I mean sure, there's a small chance they might go "actually, they've got a point" and drop it, but given what these companies are like I think it's highly unlikely they wouldn't just use anything I send them against me if it did go to court.

Umkomaas said:

I guess it's DCB Legal now representing NCP?  If so, read the following thread, because you'll be on your way to a discontinuance sometime early(ish) next year.

Unfortunately at least in my case they're being represtend by Moorside Legal, who just happen to have a stellar reputation on Trustpilot (https://uk.trustpilot.com/review/moorsidelegal.co.uk), so I'm not really holding my breath that they'll be at all reasonable.

ChirpyChicken

You will get a court claim regardless

kryten3000

Racxie said:

Unfortunately at least in my case they're being represtend by Moorside Legal, who just happen to have a stellar reputation on Trustpilot (https://uk.trustpilot.com/review/moorsidelegal.co.uk), so I'm not really holding my breath that they'll be at all reasonable.

You are in luck because Moorside are useless when it comes to making claims.  Their particulars are usually deficient so you can use the Chan and Akande judgments - no cause of action pleaded.

They also still use the "old" DCB Legal wording to say that a PCN was "issued on" the date of parking which is factually incorrect.

Umkomaas

Racxie said:

Umkomaas said:

There's a standard template for responding to a Letter Before Claim in the NEWBIES FAQ Announcement, second post.  Just use that, there's no suggestion from us to explain anything, or send any 'evidence'. Plain and simple reply.

The guide says the following:

Clearly state your reasons for disputing the claim, and include any evidence you intend to use later in court, such as photos or proof of a blue badge. Make sure to use a traceable method when responding (for example, recorded delivery or email with read receipt), so you have proof of sending.

Which to me does very much read as it's suggested you should include your defence including evidence. I mean sure, there's a small chance they might go "actually, they've got a point" and drop it, but given what these companies are like I think it's highly unlikely they wouldn't just use anything I send them against me if it did go to court.

But that's not where I advised you to go to for the standard, template reply - NEWBIES FAQ Announcement, second post.  It's short and sweet. Be aware that the response to the LBC is neither here nor there. The response is not a vital, or mandatory, part of the process.  

Racxie

ChirpyChicken said:

You will get a court claim regardless

I'm guessing that needs to happen for it to go through mediation?

kryten3000 said:

Racxie said:

Unfortunately at least in my case they're being represtend by Moorside Legal, who just happen to have a stellar reputation on Trustpilot (https://uk.trustpilot.com/review/moorsidelegal.co.uk), so I'm not really holding my breath that they'll be at all reasonable.

You are in luck because Moorside are useless when it comes to making claims.  

That's somewhat reassuring, and somehow almost not too surprising.

Their particulars are usually deficient so you can use the Chan and Akande judgments - no cause of action pleaded.

Not 100% sure I understand what you mean by this, but looking that up I came across some MSE threads on that topic so looks like I've got some reading to do to get my head around it. Thanks.

They also still use the "old" DCB Legal wording to say that a PCN was "issued on" the date of parking which is factually incorrect.

They haven't mentioned this in their letter to me so guessing it's something that might come later, assuming that they haven't corrected this mistake.

Though I'm still not sure if I should ignore them as well, or reply to them like the guide suggests.

Racxie

Umkomaas said:

Racxie said:

Umkomaas said:

There's a standard template for responding to a Letter Before Claim in the NEWBIES FAQ Announcement, second post.  Just use that, there's no suggestion from us to explain anything, or send any 'evidence'. Plain and simple reply.

The guide says the following:

Clearly state your reasons for disputing the claim, and include any evidence you intend to use later in court, such as photos or proof of a blue badge. Make sure to use a traceable method when responding (for example, recorded delivery or email with read receipt), so you have proof of sending.

Which to me does very much read as it's suggested you should include your defence including evidence. I mean sure, there's a small chance they might go "actually, they've got a point" and drop it, but given what these companies are like I think it's highly unlikely they wouldn't just use anything I send them against me if it did go to court.

But that's not where I advised you to go to for the standard, template reply - NEWBIES FAQ Announcement, second post.  It's short and sweet. Be aware that the response to the LBC is neither here nor there. The response is not a vital, or mandatory, part of the process.  

My sincerest apologies, I misread and misunderstood what you meant.

Having now looked at it I'm somewhat uncomfortable with using this line:

"You should revert to your client because the 'propensity to pay' score in my case is zero, so any claim is hopeless and a waste of the court fee (whether 'fronted' by your firm or not). Move on to weaker victims."

As to me it comes across as somewhat aggressive/arrogant and I can imagine would probably ruffle some feathers making them want to come at me even harder 

And thank you; having looked through the newbie FAQ again (I forgot it existed after all this time), I've managed to find an email address for them and also saw that there have been other forumites dealing with them, so I'm sure it'll definitely be worth my time reading through them

Umkomaas

They will have seen it often enough. They are trying to pick your pocket. Would you want to be polite to a thief who is literally attempting to snatch your wallet?  Gird your loins, fight fire with fire, don't be passive, faint heart never won fair maiden (nor got a parking charge cancelled! 😀).  

ChirpyChicken

You mention mediation. That doesn't actually achieve anything and I always do zero offer.