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Letter before action - way out after inital mistakes made
Hi,
Ive received a letter before action from civil enforcement for an unpaid pension from Jan 2025. I've made mistakes in "dealing" with this so I'm not sure i can get out of the (now) £170 charge.
Parked in a car park while visiting my weight loss club. Should have input my registration but forgot.
No ticket on car and I didnt receive an initial parking charge letter as I had changed address and not updated my vehicle registration document (did everything else)
Received enforcement/debt recovery letter. I called them to appeal to better nature. Explained the above. Said I wasn't denying it parked there but gave reasons for finding myself in this situation. They basically said tough, too late, pay up.
I didnt pay. I approached weight loss club and other building occupiers for help, they said couldn't help as gone too far.
I ignored and it's been months but now received letter before action which says I MUST respond within 30 days or they will "commence proceedings"... "may lead to a court judgement..."
Letter refers to paragraph 4 of the PAP. No email or tel no, just a reply form and various case law.
Have i ruined it for myself by making that initial phone call and admitting it was me and I did forget to input my reg?
Thanks in advance
Comments
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*edit to correct"pension" i meant PCN!
0 -
Forget about the minutia , either respond with the LoC response template, or ignore it and wait for the court claim pack from the CNBC in Northampton using MCOL to arrive in the post in due course
1 -
"No ticket on car and I didnt receive an initial parking charge letter as I had changed address and not updated my vehicle registration document (did everything else)"
Please just email them and their DPO email address stating the below to cover yourself. The last thing you need is a claim going to an old address.
I am in receipt of your LoC.
My correct address for service is Joe Bloggs, 123 New Street, Newtown AB1 2CD.You must ERASE my old address: 345 Old Street, Old Town EF1 2GH.
Chill out about everything else and come back for advice if you receive a claim form.
2 -
TThank you @Gr1pr. The paper form provided offers the option of "i dispute the debt" and option to provide documents. I dont have any documents to provide other than print and attach the template. Would that be appropriate?
There is also a box to request additional documents or info such as written contract for debt, statement of account, calculation of interest, annual or daily rate of interest, description of nature and amount of admin charges, copy of assignment of debt.
Question is, do I do one or both of those things and anything else I should ask for? I have read various sections of this site but it's a little overwhelming as I'm not quite sure what applies specifically to me, and this stage of the claim (especially as I am still concerned about my call to the company confirming I was the driver of the vehicle)
My overriding complaint is save for my error in not entering my reg, I was entitled to park there for free so any charges levied are disproportionate.
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AAs I said, either respond by email in the manner described by Car1980 above, disputing the alleged debt, OR ignore them and wait for the inevitable N1SDT court claim pack from the CNBC in Northampton using MCOL to arrive in the post in the future
I wouldn't be making requests or any admissions, no stories, no excuses, nothing!
I wouldn't be returning any paperwork, just file it away, unused. The LBC paperwork has no relevance in private parking company cases, but can have it in landlord tenant disputes etc
The small claims track is not really suitable for parking company claims but has been hijacked by greedy companies and some lawyers
2 -
You are not using the paper forms at all.
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD2
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