PCN from Excel Parking

Shagger

Coupon-mad said:

Correct.

And bear in mind that the Government are imminently expected to be putting out a Public Consultation and/or Impact Assessment to enact a statutory Code of Practice.

If (like the Tories) they want to ban DRA 'fee' extortion then that will make it easier for Defendants to defend at least the exaggerated part of claims and interest. 

If the defence is based mainly upon arguing that the added fees are unfair, what's to stop the judge from just ruling that the added fees are indeed unfair but then upholding the original claim for the parking charge?

Coupon-mad

The Template Defence isn't based mainly on that. Partly yes.

Shagger

I've now received an LBC from their solicitors so it looks like I may well need that template defence (although the LBC doesn't contain any reply forms).

Am I correct in thinking that I now need to respond to their solicitor (via email) with the generic response as per post 2 of the newbies thread? And if so, do I still have to include the part about old addresses being erased if they've only ever written to me at my current address/have no knowledge of my previous addresses?

Gr1pr

If the LBC gives 30 days notice then respond to it with the LoC response template,  removing any unnecessary parts, or just send it as is

Then await a Money Claim 

Shagger

So is the next step from them to send a Letter of Claim or just go straight to taking me to court? And if the latter, how will I be notified that it's going to court?

Coupon-mad

Please read post 2 of the NEWBIES thread to save us explaining the basics on thread after thread.

  

Shagger

I'd already read it, I just can't see anything about how I'd be notified if it goes to court. All I can see after the LBC/LOC bit is:

"What if your LBC-stage complaint to the landowner doesn't get the PCN cancelled?

You'll probably get a court claim (no worries - scam soon over, no risk) and we have a Template Defence that works - MOST CASES DO NOT EVEN MAKE IT TO A HEARING.

If you get a court claim, don't panic, c99% of defendants here, win!"

Followed by instructions on how to use MCOL. It also seems to imply that an LBC and LOC are the same thing, but I'm confused by that because from one firm (different ticket) I've had two LOCs from them so far, spaced almost 2 years apart, so I'm not sure of the process.

Gr1pr

If an outstanding invoice isn't paid or settled or cancelled , then standard practice is 

Powerless Debt collectors letters either from the parking company,  their chosen debt collectors,  or their lawyers,  within 6 years of the incident date , by post, no biggie, possibly texts or phone calls too, IGNORE

A Letter of Claim,  LoC,  ( or LBC OR LBCCC , doesn't matter what it's called or its initials, )  but these days it's a Letter of Claim giving you 30 days notice and should include financial forms ( do not fill in  ),  via the postal service .  There could be one, two or even ten LoC,  possibly from different companies,  mainly because each one in the chain should issue one before any Money Claim , possibly texts or phone calls too, it's no biggie , but RESPOND

We have no interest in the above because its the preliminary stages, no biggie in the bigger picture 

The actual claim is using the centralised Money Claim service based in Northampton,  the CNBC,  using MCOL, who issue a paper N1SDT claim pack to you via the postal service,  that is the important milestone in the paper trail, YOU MUST DEAL WITH THIS PROMPTLY 

Their actual deadline for issuing a claim in England and Wales is 6 years, under the Limitations Act 1980, otherwise it becomes statute barred but remains on file, unless they delete it because they cannot collect it via the court system 

Shagger

Ok from now on I'll respond to any LBCs or LOCs via email and just await a paper N1SDT, then. Thanks for clarifying.