UKPC -- Parking outside of bay, Valley Retail Park (Croydon)

Rhysrobin

Car1980 said:

Remove your personal details.

And read the footer in the bottom right 😉

ah yes! Thanks

Coupon-mad

Rhysrobin said:

I've received the 'warning notice of transfer to solicitors' (attached). I don't think this is quite the 'LoC' stage I've been waiting for but wanted to check with you, just to be sure.

Did you get the GCTT letter yet? Ignore!

But: FIGHTBACK ALERT: just days to go!

Please do the government's Public Consultation. We need every poster to complete this vital survey before the deadline next week.

See this thread:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-now-extended-closes-friday-26th-september/p1

We understand that you may need some pointers. It looks laborious, we get that. It doesn't matter; no knowledge is needed except re your own experiences so you can call out a scam industry and you'll protect millions of motorists and help change the law. 

I've written some guidance to help focus new posters on the issues. I've covered almost every question, providing ideas if you agree with our stance on things like DRFs, which we say must be banned.

Ordinary people like you are falling victim to this scam over 18 million times per annum. Motorists need your voice added please.

CLOSES ON FRIDAY 26th SEPTEMBER.

Rhysrobin

I've finally got my LoC from DCB Legal. Am I right to think that the next step is emailing the solicitor with the following template (from the newbies thread)? Many thanks.

>>>

Dear Sirs,

Your ref: [insert reference number]

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:

[Insert correct address here]

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.

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

Yours faithfully,

  

Car1980

That's one option and it will result in a claim soon. Another is to get them to do some work and delay the claim by sending the blurb below and then you can criticise them in your defence if they don't comply.

Your choice!



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

The Civil Procedure Rules 1998, Pre-Action Conduct and Protocols (Part 3), state:

3. Before commencing proceedings, the court will expect the parties to have exchanged sufficient information to understand each other’s position, make decisions about how to proceed and support the efficient management of those proceedings.

Part 6 states:

Steps before issuing a claim at court

The parties should exchange correspondence and information to comply with the objectives in paragraph

3, bearing in mind that compliance should be proportionate. The steps will usually include —

 (c) the parties disclosing key documents relevant to the issues in dispute.

You refer to “the Contract”, yet you fail to include a copy of the contract (quite clearly a key document), as well as fail to state the contractual nature of the breach you allege. 

Therefore, as your templated letter is not sufficient to adhere to the PACPs, I require the following:

1. A copy of the contract (or contracts) you allege exists between UK Parking Control Ltd and the driver, in the form of an actual photograph of the sign you contend was at the location on the material date. 

2. The exact wording of the clause (or clauses) of the terms and conditions of the contract(s) which is (are) relied upon that you allege to have been breached.

I look forward to your response.

Rhysrobin

Thanks, I'll do that

Rhysrobin

Car1980 said:

That's one option and it will result in a claim soon. Another is to get them to do some work and delay the claim by sending the blurb below and then you can criticise them in your defence if they don't comply.

Your choice!



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

The Civil Procedure Rules 1998, Pre-Action Conduct and Protocols (Part 3), state:

3. Before commencing proceedings, the court will expect the parties to have exchanged sufficient information to understand each other’s position, make decisions about how to proceed and support the efficient management of those proceedings.

Part 6 states:

Steps before issuing a claim at court

The parties should exchange correspondence and information to comply with the objectives in paragraph

3, bearing in mind that compliance should be proportionate. The steps will usually include —

 (c) the parties disclosing key documents relevant to the issues in dispute.

You refer to “the Contract”, yet you fail to include a copy of the contract (quite clearly a key document), as well as fail to state the contractual nature of the breach you allege. 

Therefore, as your templated letter is not sufficient to adhere to the PACPs, I require the following:

1. A copy of the contract (or contracts) you allege exists between UK Parking Control Ltd and the driver, in the form of an actual photograph of the sign you contend was at the location on the material date. 

2. The exact wording of the clause (or clauses) of the terms and conditions of the contract(s) which is (are) relied upon that you allege to have been breached.

I look forward to your response.

So I emailed the text above to DCB Legal. They've come back with the following (no reference to the clause or contract, which I'd asked for). Any advice on how to play it from here would be most welcome. Thanks in advance!

>>>>>>

Dear ****

We write to acknowledge safe receipt of your formal response to our Letter of Claim sent to you in respect of this matter.

Having considered your response, our position in respect of this matter remains as per our Letter of Claim. We note that despite your points of dispute, there is an absence of any evidence in support of the same so that we may consider this with our Client. If you do have evidence which you believe supports your dispute, please furnish us with the same within the 30 days afforded to you.

As it stands, the initial 30 day timeframe under the Pre-Action Protocol remains, and County Court proceedings will be issued following expiry of this 30 day period, without any further reference to you.

We strongly recommend that you contact a member of our dispute resolution team on 0203 838 7038, as a matter of urgency so we may discuss this matter with you and avoid a Claim being issued against you.

If you are at all unsure of your legal position, you may wish to seek independent legal advice

Coupon-mad

Await the Claim form; it's what you want.