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Letter Before Claim

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  • Letter Before Claim

    My husband, as keeper of the vehicle, has received a letter from a Parking Company headed Letter Before Claim. The driver parked in a disablement bay near a pay machine in June 2019. Attempts to pay using the pay machine were unsuccessfull as it was out of order.. The driver's disablement blue badge was displayed in the vehicle together with a ticket found lodged at the bottom of the machinecovering 2 hours, which was the best he could do. The Keeper of the Vehicle received a Parking Charge Notice to which he replied and advised the Parking Company that the driver was unable to pay because the pay machine was out of order. The Parking Company, however, contend that the driver could have paid at another machine although there was not one close by. The Keeper of the vehicle has told the Company that he refused to pay and has not answered any of the many threatening letters received since. The keeper of the vehicle considers the charge amounting to £160 should be waived because should be the Company's responsibility to ensure the pay machines are in order particularly where disabled people with limited mobility are involved.
    The Letter before Claim dated 29 December 2020 states that the Keeper of the Vehicle should not contact them and all contact and payments should be made directly to their agents, Credit Investigation Services and that payment should be made within 30 days of their letter to prevent further proceedings. They also refer to Pre-Action Protocol government website stating, if not complied with, could lead to a Court claim.The Keeper of the Vehicle is aware this letter should not be ignored but is unsure what action now to take. He understands the agents have not got a reputable reputation and is reluctant to approach them. Any help or advice you would be appreciated.
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SHORTCUTS


First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire



If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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