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Parking - Letter Before County Court Claim (LBCCC) - Fight back! Guidance Thread

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  • Peerob
    Peerob Posts: 9 Forumite
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    I have a letter from DRP with a section heading "notice of intended court action." It then threatens to send the case to court. I have read all the information on the forum regarding LBA and Practice Direction. I am not afraid to take it all the way and I have even considered issuing a counterclaim for days lost at work due to stress.
    However, I do not believe that the letter from DRP is formal LBA because the letter goes on to say that the will pass my file on to their solicitor, unless I pay them £149.99.
    I have also asked them twice in writing (e-mail) for the original evidence as I have not got it from UK parking control.
    Can anybody confirm that this is not a proper Letter before Action? As always, it appears to be a letter purporting to be what is not.
  • Umkomaas
    Umkomaas Posts: 41,350 Forumite
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    If you put in a search on the forum for 'DRP' or 'Debt Recovery Plus' you will quickly learn that Debt Collectors cannot issue court proceedings against you, only the landowner or PPC. So this is an empty threat and in no way constitutes a LBC/LBA.


    If you get one of those from either of the two mentioned above, please come back for more advice, BUT - please start a new thread of your own so advice doesn't get mixed up on someone else's thread.
    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
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
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    Stroma wrote: »
    Yep 3 posts by Daisy have been edited, I wonder if they asked her to change these posts? It's a shocking misuse of posts by the powers that be at MSE!

    A bit late in the day, but just to set the record straight - I was not contacted by MSE Towers and I was not asked to make changes to my posts.

    I stand by my original posts.

    Daisy
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
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    Nice to see you posting Daisy :) and I stand by words of saying it's shocking to change advice given without even giving notice of it.
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • figaro99
    figaro99 Posts: 3 Newbie
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    Have posted the circumstances on a new thread titled:


    ParkingEye County Court action - Help Please!
  • HO87
    HO87 Posts: 4,296 Forumite
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    figaro99 wrote: »
    Have posted the circumstances on a new thread titled:
    ParkingEye County Court action - Help Please!
    Your case, as I understand it, is that PE have already issued proceedings in which case posting on this thread which deals with letters before county court action renders it somewhat irrelevant.

    Please keep your posts relating to your case in one place - it makes things far easier to keep up with both from your point of view and ours. :)
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • Coupon-mad
    Coupon-mad Posts: 131,690 Forumite
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    edited 17 March 2018 at 2:12AM
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    STOP!!!!!

    Did you not notice, this thread is from 2013??

    2013!


    Do not read parking threads that are this old, the legal arguments have long since changed and the pre-action protocol was updated in 2017.


    YOU HAVE BEEN WARNED, DO NOT READ OLD THREADS

    You are just TWO clicks away from the current advice and live forum help.

    See my signature, below...
    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
  • sheavesy
    sheavesy Posts: 6 Forumite
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    My position is a bit different as out of the blue I have received a letter from Miah on behalf of UKCPS for an offence that occurred over two years ago and of which I have no knowledge. I never received a ticket or any other correspondence. I had an earlier run in with UKCPS relating to same car park as this alleged offence and was again for failing to display a disabled badge in a disabled parking space. I appealed by sending a copy of my badge but they insisted that I paid the fine. On advice given by this forum I ignored all further correspondence and eventually it stopped. Now out of the blue I've received this letter.
    Do I ring Miah and go over this story or do I start sending letters as outlined in this forum?
  • ampersand
    ampersand Posts: 9,565 Forumite
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    Sheavesy - just replied to your other Thread, saying 'My position is a bit different'

    Again, No it isn't:-)
    Just pop back to where you were and follow that advice. No need to duplicate that post.
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  • amarko5
    amarko5 Posts: 1 Newbie
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    well i sent off the ROBUST letter , also pursued finding out whom actually owns the land , and i found a company in manchester that let out the units to the companies on this land some letting agent , so i emailed the chairman of that company explaining what happened and he emailed back saying it would be cancelled 1 week on and the letter arrived the charge has been cancelled.

    so thats an end to it all .


    cheers for your help and suggestions and will bear it in mind for any future rubbish from parking companies (sorry, meant extortion specialists) ;-)
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