dcblegal - Lettter Of Claim

lowey2011

Hi all,

I have also been checking out the forums and newbies thread whilst receiving debt recovery letters but this time it is a 'LETTER OF CLAIM'. The time was on a local Co-op retail park, to which I went in on the first letter from EuroCarParks and the shop assistant took my details and said they would get it cancelled - obviously that hasn't happened. Can I just check is it an email to be sent to cblegal using the template;

Dear Sirs,

Your Ref. ############
Proposed Legal Proceedings
Claimant: xxxxxx xxxxxxxx Ltd

I refer to your letter of claim.

I confirm that my address for service for the time being - assuming you don't faff about and delay any claim - is as follows, and any older address must be erased from your records:
[Correct address here]

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

I am sourcing and seeking independent debt advice and as such, 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').

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

Don't send me your usual blather about that.
I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional £70 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

Yours faithfully

Car1980

You can do, but you'll only get the template reply.

I'd go more aggressive:

"I refer to your letter of claim.

The landowner's representative cancelled this erroneous charge. I advise you refer this case back to your client. Otherwise costs for unreasonable behaviour will be submitted at Witness Statement stage and pursued in the event of the usual last minute discontinuance."