CPM Parking Charge for Unauthorised Parking

Hi guys, I'm back!

So, I now appear to have received a legitimate Gladstones LBC. I have read through the newbie thread for answers on my next move but it's easy to get lost!

Do I create my defence now? If so, who do I send it to? What it tells me is..

"We now require you to pay the full amount within 14 days. Alternatively, you should provide an acknowledgement of receipt of this letter and a full written response within 14 days."

This response it talks about.. is this where I provide my main defence?

Thanks guys

I appealed with the default template that is in the sticky thread about 6 months. This was rejected immediately.

Is it going to be the same letter I sent previously?

Rule changes? Whats changing that could affect this?

The letter I sent previously was the generic IPC letter in the sticky thread. I think this was after the first letter.

Coupon-mad wrote: »

Do that then, to stop them issuing a claim before the rules change about small claim procedures, on 1st October.

What letter did you send previously? Just be robust and ask them for photos and evidence.

Could someone please give this a quick read and share their thoughts on it before I send it out?

Gladstones Solicitors
The Terrace, High Legh Park Golf Club,
Warrington Road, Knutsford, Cheshire,
WA16 6AA

19/09/2017

REF: xxxxxxxxxxxxx

Dear Sirs

Re: LETTER BEFORE COUNTY COURT CLAIM dated [12/09/2017]

I am writing to acknowledge receipt of the above letter.

As requested in the Letter Before Claim I recently received I have checked the Practice Direction and have argument with your claim that you are fully compliant with it. The letter you sent is incorrect in its statement and quite frankly I find it worrying that a legal department staffed by solicitors is unable to produce a Letter Before Claim that adheres to the Practice Direction. I would also like to include that I have received no legal training and yet I am the one having to explain what the Practice Direction deems a requirement from you. I would certainly be interested if the solicitor in charge of the legal department approved the Letter Before Claim that fails to meet the necessary legal requirements before it was sent out.

I would like to request that you send me a fully compliant Letter Before Claim so I can deal with my own obligations under the Practice Direction. To ensure you are able to meet my request I have attached an extract of the Practice Direction dealing with the requirements for a Claimant's Letter Before Claim.

Should you seek to proceed with a claim I will apply for it to be struck out, due to CPR Part 3.4:

(a) that Civil Enforcement's statement of case will disclose no reasonable grounds for bringing the claim;
(b) that the statement of case will be an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; and
(c) that there has been a failure to comply with a rule, practice direction or court order.

Since you have no cause of action against me as registered keeper, should you proceed with a claim I will file a counter-claim for not less than £500 in compensation for distress caused by your unwarranted demands arising from misuse of the data you obtained from the DVLA for one purpose, yet are now processing it for another purpose not covered by the KADOE regulations.

I expect Civil Enforcement to now cancel this 'parking charge' and admit its mistake in attempting to misuse my data, and in trying to mislead me by suggesting that a registered keeper is liable for a non-POFA parking charge 'debt', and that I could be liable for escalated costs/legal fees. As you will be aware, the general costs rule in Small Claims is that there is no costs order.

However, in support of my own counter-claim, I must remind you that under CPR Rule 27.14(2)(g):

''costs can be awarded where a party behaves unreasonably''.

I refer Civil Enforcement to paragraph 16 of the Practice Direction – Pre-Action Conduct:
''a party who has not complied with its pre-action obligations can be ordered to pay costs (even if the party has succeeded in its claim/defence) and there is also a power to remit/increase interest.''

I expect to hear from you within 14 days to confirm that the charge is cancelled. Should you fail to cancel this PCN and/or pursue a baseless claim without supplying any evidence of any breach of a relevant contract or relevant obligation, or photographs, or the contract, or your basis for pursuing a registered keeper without the POFA 2012, you may consider this adequate notice of my intention to sue Civil Enforcement Ltd, for the significant distress your actions have caused to a vulnerable family.

All letters exchanged will be used in evidence in court.

Please do me the courtesy of reading and replying to this letter.

Yours faithfully

xxxxxxxxxxxxxx

---

Extract from Practice Direction
Annex A

2. Claimant’s letter before claim

2.1
The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include –

(1) the claimant’s full name and address;
(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable);
(3) a clear summary of the facts on which the claim is based;
(4) what the claimant wants from the defendant;
(5) if financial loss is claimed, an explanation of how the amount has been calculated; and
(6) details of any funding arrangement (within the meaning of rule 43.2(1)(k) of the CPR) that has been entered into by the claimant.

2.2
The letter should also –
(1) list the essential documents on which the claimant intends to rely;
(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;
(3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and
(4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see.

Thanks safarmuk, I will have a look! Could someone please have a glance at my LBC response before I send it off tomorrow?