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Letter of Claim - Feedback (pretty please)
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Fusarjgn123
Posts: 3 Newbie
Hello,
I would very much appreciate your thoughts on the reply to a "Letter of Claim" which I have written and will send to DCB Legal. As per the newbie thread, I have requested and received the SAR from Bank Park Management Ltd.
DCB Legal
Direct House,
Greenwood Drive,
Manor Park,
Runcorn,
Cheshire.
WA7 1UG
13th January 2020
Ref: xxxxxxxx
Dear Sirs
Re: LETTER BEFORE COUNTY COURT CLAIM dated 19th November 2019
I am writing to acknowledge receipt of the above letter.
The alleged debt is disputed, and any court proceedings will be defended.
As advised in your Letter of Claim, I have read the Pre-Action Protocol for Debt Claims.
The Letter of Claim I have received does not meet the Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d)), 5.1 and 5.2. It does not provide me with sufficient details of the claim
1. Whether they are pursuing me as driver or keeper
2. Whether they are relying on the provisions of Schedule 4 of POFA 2012
3. 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
4. If the claim is for a contractual breach? What is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
5. 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 establishing yourself as the creditor. (CAN THIS STILL BE REQUESTED UNDER GDPR?)
6. A plan showing where any signs were displayed
7. Details of the signs displayed (size of sign, size of font, height at which displayed) at the material time.
8. Provide details of the original charge and detail any interest and administrative or other charges added.
9. Provide a copy of the Information Sheet and the Reply Form
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 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.
I cannot properly respond to this claim filed against me, I am also unable to understand my position in relation to it until your client has fulfilled their responsibilities as the Claimant, by providing me with the sufficient information that is required of them to go forth with any court proceedings. If your client still proceeds without this information provided, I will seek immediate stay pursuant to paragraph 15(b) of the Practise Direction, and an order that this information is provided.
I would also request that this claim be put on hold whilst I seek debt management advice.
Yours faithfully
I would very much appreciate your thoughts on the reply to a "Letter of Claim" which I have written and will send to DCB Legal. As per the newbie thread, I have requested and received the SAR from Bank Park Management Ltd.
DCB Legal
Direct House,
Greenwood Drive,
Manor Park,
Runcorn,
Cheshire.
WA7 1UG
13th January 2020
Ref: xxxxxxxx
Dear Sirs
Re: LETTER BEFORE COUNTY COURT CLAIM dated 19th November 2019
I am writing to acknowledge receipt of the above letter.
The alleged debt is disputed, and any court proceedings will be defended.
As advised in your Letter of Claim, I have read the Pre-Action Protocol for Debt Claims.
The Letter of Claim I have received does not meet the Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d)), 5.1 and 5.2. It does not provide me with sufficient details of the claim
1. Whether they are pursuing me as driver or keeper
2. Whether they are relying on the provisions of Schedule 4 of POFA 2012
3. 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
4. If the claim is for a contractual breach? What is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
5. 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 establishing yourself as the creditor. (CAN THIS STILL BE REQUESTED UNDER GDPR?)
6. A plan showing where any signs were displayed
7. Details of the signs displayed (size of sign, size of font, height at which displayed) at the material time.
8. Provide details of the original charge and detail any interest and administrative or other charges added.
9. Provide a copy of the Information Sheet and the Reply Form
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 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.
I cannot properly respond to this claim filed against me, I am also unable to understand my position in relation to it until your client has fulfilled their responsibilities as the Claimant, by providing me with the sufficient information that is required of them to go forth with any court proceedings. If your client still proceeds without this information provided, I will seek immediate stay pursuant to paragraph 15(b) of the Practise Direction, and an order that this information is provided.
I would also request that this claim be put on hold whilst I seek debt management advice.
Yours faithfully
0
Comments
-
You can send that (waffle!) if you like, but if you want to buy more time, just state that you are denying any debt but that you are 'seeking debt advice' and as such they must put the case on hold for 30 days.
You will get a claim anyway but some people might prefer not to delay things by a month as it makes the hearing more likely to be in the Summer, when you might book holiday that clashes.
Think about what suits your better. You WILL get a claim to defend soon.
Have you sent a SAR to the PPC, as the NEWBIES thread post #2 tells you to do at LBC stage to see their hand & all photos they have, in advance?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
DCBL are just another legal joining the parking scam industry
READ THIS
DCBL (Direct Collection Bailiffs)
If you have received a letter from these people, please carefully
read this thread
https://forums.moneysavingexpert.com/discussion/comment/76631816#Comment_76631816
The big clue is that DCBL practice ABUSE OF PROCESS
They have added a fake amount to their claim
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal
In your reply, do as coupon-mad has said and ask them ... "on what authority do DCBL have to add unknown amounts to their claim"
They don't have authority and it will be their answer that the judge will be interested in.
If they ignore you, the judge can ask them0 -
[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.
Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.
Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.
http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted
Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]You never know how far you can go until you go too far.0
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