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IAS APPEAL....feedback appreciated

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Comments

  • Southernsoftie_jo
    Southernsoftie_jo Posts: 100 Forumite
    Hi,

    A letter from Gladstone’s has now arrived, it’s the LBC.

    Will check out the newbie thread with regards planning my defence, but I wonder if someone could answer a query meanwhile.

    I wasn’t driving the vehicle at the time the car was parked. I’ve not supplied any information about the driver to the PPC so they are chasing me on the assumption I was driving.

    How does this affect my defence?

    Thank you!
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    First Anniversary Photogenic Name Dropper First Post
    Southernsoftie_jo wrote: »
    Hi,

    A letter from Gladstone’s has now arrived, it’s the LBC.

    Will check out the newbie thread with regards planning my defence, but I wonder if someone could answer a query meanwhile.

    I wasn’t driving the vehicle at the time the car was parked. I’ve not supplied any information about the driver to the PPC so they are chasing me on the assumption I was driving.

    How does this affect my defence?

    Thank you!

    First things first ....

    Does the LBA give you proof of their claim to consider and then
    give you 30 days to respond
  • Southernsoftie_jo
    Southernsoftie_jo Posts: 100 Forumite
    Thanks for your reply. The LBC does offer the 30 days response period (although letter dated 21st June and only arrived today!)

    I don!!!8217;t believe it does offer any evidence. It states client name, amount, vehicle reg, PCN number, location, and that they are commencing legal action due to failure to settle debts or provide a reason for non payment.

    I am invited to respond by completing their Information Sheet and Reply on their website.
  • Southernsoftie_jo
    Southernsoftie_jo Posts: 100 Forumite
    I can post image of letter if I’m reminded how to get a URL for image!!
  • Southernsoftie_jo
    Southernsoftie_jo Posts: 100 Forumite
    http://tinypic.com/r/ehj1iu/9
  • Southernsoftie_jo
    Southernsoftie_jo Posts: 100 Forumite
    I copied This from the newbie thread...

    I require your client to comply with its obligations by sending me the following information/documents:

    1. an explanation of the cause of action
    2. whether they are pursuing me as driver or keeper
    3. whether they are relying on the provisions of Schedule 4 of POFA 2012
    4. what the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
    5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
    6. Is the claim for trespass? If so, provide details.
    7. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 !!!8220;establishing yourself as the creditor!!!8221;
    8. a plan showing where any signs were displayed
    9. details of the signs displayed (size of sign, size of font, height at which displayed)
    10. Provide details of the original charge, and detail any interest and administrative or other charges added
    11. Provide a copy of the Information Sheet and the Reply Form


    I definitely feel points 1,2,4 (letter doesn!!!8217;t refer to failure to display permit) 5,6,7,8,9 are relevant to my case

    Don!!!8217;t understand point 3!

    Would this be a good place to start? I have previously been given some of this info in original PCN however is the point here that it should be stated in the LBC?

    The original PCN was a joke - they didn!!!8217;t even put a town or postcode on for the location, just the name of the block of flats!

    Dear Mr/Mrs !!!8216;Smith!!!8217;....You parked you car at Jones House so we are issuing a PCN

    Where exactly?!
  • Quentin
    Quentin Posts: 40,405 Forumite
    Southernsoftie_jo wrote: »
    http://tinypic.com/r/ehj1iu/9
    Treat that letter as a LBCCA


    (Don't return the forms!)
  • Southernsoftie_jo
    Southernsoftie_jo Posts: 100 Forumite
    Quentin wrote: »
    Treat that letter as a LBCCA


    (Don't return the forms!)


    Thanks, so my understanding is we should respond to the LBC....you say don’t return forms?! Confused!
  • KeithP
    KeithP Posts: 37,567 Forumite
    Name Dropper First Post First Anniversary
    Two minutes ago I wrote this:

    forums.moneysavingexpert.com/showthread.php?p=74456429#post74456429
  • Quentin
    Quentin Posts: 40,405 Forumite
    Southernsoftie_jo wrote: »
    Thanks, so my understanding is we should respond to the LBC....you say don’t return forms?! Confused!

    Correct.

    #2 in the FAQ advises on Court claims from receipt of the lbcca right through to the hearing. Study it till you "get it"

    You do respond to the lbcca

    You don't retum their forms!
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