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Coupon-mad wrote: »
No because it's not an appeal. You should find a robust template in Daisy's LBCCC thread which responds and tells them this isn't a compliant LBCCC. You could also appeal to MET at the same time. WRITE ONLY AS THE REGISTERED KEEPER, NOT SAYING IN ANY COMMS WHO WAS DRIVING.
MET are not known to be very litigious.
Stroma wrote: »
You shouldn't use abbreviations in this at all, lose the PPC and ADR and use the company name and the full wording. But you need to read Daisy's thread again as what you are sending is not near enough.
zzzLazyDaisy wrote: »
The letter from Gladstones is not an LBC, it is a debt collectors letter. However, I would not ignore it as they are genuine solicitors (albeit the letter is a computer generated letter from their debt collection department) so court proceedings are likely to follow at some point.
In your shoes, I would write to the solicitors along the following lines (with thanks to C-M for her input):
[Name & Address]
[Insert their reference number: xxxx ]
Dear sirsYour client: [name of PPC]
Parking Charge Number xxxxx
I refer to your letter of [insert date].Please note, this is an open letter and I reserve the right to produce it to the court at the appropriate time, should the need arise.
Firstly, I do not accept liability for the above parking charge and I have no intention of paying the money demanded by your client. Specifically, I do not accept that the charge demanded is in any way shape or form a genuine pre-estimate of loss. Further, I do not believe that your client has legal standing to pursue an action against me in its own name, since any loss (which is denied) would be the landholder's in any event. I am sure that you will have advised your client as to the recent cases in which parking companies have had similar claims dismissed owing to having no locus to bring a claim. For the above reasons, any court proceedings in connection with this matter will be vigorously defended.
Second, should it be your client's intention to start court proceedings, you must first provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct. Your letter clearly does not meet those requirements.
In particularly your attention is drawn to the Practice Direction requirement to utilise an appropriate form of ADR before starting court proceedings. In the circumstances I invite your client to refer this dispute to the Parking On Private Land appeals service ("POPLA"), which is the appropriate form of ADR set up by the parking industry for this precise situation.Please note: Notwithstanding the fact that any decision of POPLA is legally binding on the parking company, and not the motorist, in the spirit of exploring an amicable resolution of this dispute, I am willing to give an undertaking to be bound by the decision of POPLA, thus ensuring that this case will not proceed to court.
A referral to POPLA will avoid your client incurring the fees and expenses set out in your letter, and perhaps more importantly will reduce the burden on the court (which, as you will be aware, is the reason for this Direction). Please do not seek to rely on any deadlines imposed by your client as POPLA has confirmed that it does not impose any time limit on an appeal to POPLA, and all that is required is for your client to issue a POPLA code.
I would also remind you that a failure and/or refusal by your client to agree to my offer of both parties abiding by a POPLA decision would be clear evidence of your client's failure to mitigate its alleged loss.
Should your client reject my offer to refer this dispute to ADR and instead chooses to instruct you to issue court proceedings, I shall invite the court to stay the case and make an order referring the case to POPLA. Further I shall strenuously resist any application for costs that your client may wish to make, owing to its failure to mitigate, and shall instead make an application for my own wasted costs according to the provisions of Schedule 4 of the Practice Direction and CPR 27.14.
In the meantime, and in the absence of a compliant Letter Before Claim, you should place a note on your file to the effect that this charge is disputed and your firm is required to cease and desist all further contact with me. For the avoidance of doubt, the same applies to the debt collection agency, referred to in your letter.
Finally, please also note that should your firm issue court proceedings on behalf of your client, without first complying with all steps set out in the Practice Direction on pre-action conduct, I shall make an immediate complaint to the Solicitors Regulation Authority for breach of the Principles contained in the SRA Handbook version 8, published on 1st October 2013.
I trust that I have made myself clear, and I suggest that you take your client's further instructions.
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