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LBCCC - Gladstones Solicitors

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Comments

  • Chimichanga
    Chimichanga Posts: 33 Forumite
    Thanks CM

    Will get this in the post tomorrow. Should I also send a copy to HX?
  • Coupon-mad
    Coupon-mad Posts: 131,645 Forumite
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    No, they are using Gladstones.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Chimichanga
    Chimichanga Posts: 33 Forumite
    Have since been back to the car park to check the signage and meter etc

    There’s none t the entrance and the ones that are on display have tiny writing, all of which state several times that the driver is liable and that the keepers details may obtained from the DVLA.

    The meter itself has its own conditions on it! To top it all off, there’s a sign on the wall on the way out of the car park????!!!!!

    Crazy!
  • Chimichanga
    Chimichanga Posts: 33 Forumite
    We have had a reply from Gladdy’s today.

    They have dated the letter 5th April and given 30 days to respond, the letter was only delivered today a whole week after the letters date!!! !!!128545;

    Anyway. They have not included anything that was requested in the above letter but merely state that their LBCCC is ‘compliant with the most up to date version of the Practice Direction for Pre-Action Protocol and a such you will not be issued with an amended copy’.

    What do I do now? Do we re-request the docs again or sit tight and wait for the Claim form?

    TIA
  • Umkomaas
    Umkomaas Posts: 41,345 Forumite
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    What do I do now? Do we re-request the docs again or sit tight and wait for the Claim form?
    You list everything which you are entitled to a copy of that you've not so far received, and require them to provide you with copies, as per the PaP.

    Failure on their part to provide any of the above will be regarded as unreasonable and will support you when you apply to the court for your costs, including an element for 'unreasonable behaviour' on their part.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Castle
    Castle Posts: 4,196 Forumite
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    Chimichanga wrote: »

    What do I do now? Do we re-request the docs again or sit tight and wait for the Claim form?

    TIA
    Refer them to Para 5.2:-
    https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf
  • KeithP
    KeithP Posts: 37,633 Forumite
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    edited 12 April 2018 at 2:17PM
    ...state that their LBCCC is 'compliant with the most up to date version of the Practice Direction for Pre-Action Protocol and a such you will not be issued with an amended copy'.
    Unfortunately your LBC response made no mention of The Pre-Action Protocol for Debt Claims introduced on 1st October 2017, and it is that they have failed to comply with.
  • Chimichanga
    Chimichanga Posts: 33 Forumite
    !!!8216;This action on the part of your client is a clear breach of its pre-action obligations set out in the Practice Direction - Pre-Action Conduct.....!!!8217;
    Thought this paragraph covered that KeithP?

    Since it works in my favour that they haven!!!8217;t given me the information I requested should I not just sit tight and wait for the claim form (draft defence in the meantime) ? The fact that they haven!!!8217;t complied works in my favour, no?

    Also would now be a good time to write To the SRA?
  • Umkomaas
    Umkomaas Posts: 41,345 Forumite
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    Please switch off your 'Smart Punctuation' on your iPhone/iPad to avoid the littering of your posts with !!!!8820; and the like, as every apostrophe and some other punctuations convert to exclamation marks and numbers.

    Go to 'General' > 'Keyboard' > 'Smart Punctuation' and flick the switch off.

    Switching off seems to have no detrimental affect on any other use of the keyboard.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
    It doesnt work that much in your favour. the claim is still valid, just you may get more costs.
    So no, youre told to respond, so respond.
This discussion has been closed.
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