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    • queenadreena
    • By queenadreena 19th Apr 17, 9:00 PM
    • 30Posts
    • 24Thanks
    Gladstones LBC
    • #1
    • 19th Apr 17, 9:00 PM
    Gladstones LBC 19th Apr 17 at 9:00 PM
    I've finally received a LBC and am going to respond with the following, if someone can please check it for me? (Background: the parking app didn't work, and I've been ignored on each of the 3 attempts to contact S-I-P. Equally, the app is overcharging and has done for *at least* the last two years to my knowledge) - Thanks in advance, all help *gratefully* GRATEFULLY received:

    Dear Sirs,

    Thank you for your letter of XX 2017.

    When your client first started contacting me, I explained that payment wasn't taken by their third party PayByMobile app and offered payment to cover the 2 parking periods discussed. Your client has not responded to three attempts at mitigating this forthcoming threat of court, nor have they given me - as the registered keeper - opportunity to appeal through the IPC as is my right. Furthermore, I've advised your client that their third-party app is consistently overcharging any stays started before 6pm by rounding up, charging the additional amounts and stating in black and white that it's the "Same Cost As X hours". This has been supplied to your client as a screenshot for clarity.

    You have now sent a Letter Before Claim. However, your letter contains insufficient detail of the claim and fails to provide photographic. It does not even say what the cause of action is. Nor does it contain any mention of what evidence your client intends to rely on, or enclose copies of such evidence.

    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, with which as solicitors you must surely be familiar (and with which your client, a serial litigator of small claims, must also be familiar). As you (and your client) must know, the Practice Direction binds all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time.

    Nobody, including your client, is immune from the requirements and obligations of the Practice Direction. Your client cannot simply ignore attempts to mitigate any proceedings, nor can they ignore the requirements set out as above.

    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 car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed)
    5. a copy of the contract with the landowner under which they assert authority to bring the claim
    6. a copy of any alleged contract with the driver
    7. a plan showing where any signs were displayed
    8. details of the signs displayed (size of sign, size of font, height at which displayed)
    9. If they have added anything on to the original charge, what that represents and how it has been calculated.

    I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

    If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16. I will draw to the court the fact that I have repeatedly contacted your client since as early as November 2016 yet your client has refused to acknowledge it. Additionally, as I have expressly pointed out in 2 of the 3 letters I've sent the third-party mobile application has been consistently overcharging above and beyond the advertised charges and I will be seeking to claim for these charges to be refunded. The car in question has been parked at the carpark on XX Street for nearly 5 years.

    Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

    Yours faithfully etc.
Page 1
    • queenadreena
    • By queenadreena 19th Apr 17, 9:09 PM
    • 30 Posts
    • 24 Thanks
    • #2
    • 19th Apr 17, 9:09 PM
    • #2
    • 19th Apr 17, 9:09 PM
    Should I mention the distance selling law (there's no parking Ts&Cs on the app)?

    I've already got photos of where the signs are in relation to where my car was parked (in the dark in an unlit carpark btw, even less chance of decent signage), and a screenshot of the parking app's wording re the parking costs.
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