Parking Eye reply to my LBA reply

[AllanS]

I used this forum to reply to an LBA from parking eye and they've replied with this (attached). Is there a template reply available for this too?

[mystery1]

Re: Parking Eye reply to my LBA reply

Hard to be exact with little or no detail but they have a reputation for talking pish.

http://www.legalbeagles.info/forums/...ht=#post432983

That's the kind of thing i suggest but to tailor it to you i'd need more detail

M1

[AllanS]

Re: Parking Eye reply to my LBA reply

Hard to be exact with little or no detail but they have a reputation for talking pish.

http://www.legalbeagles.info/forums/...ht=#post432983

That's the kind of thing i suggest but to tailor it to you i'd need more detail

M1

Well basically I had an LBA without even any initial correspondence telling me I had committed an office. I sent them the following having found a thread on here and they replied in the post with the above letter.

Thank you for your Letter Before County Court Claim.

First, the alleged debt is disputed and any court proceedings will be vigorously defended.

Secondly, despite the wholly inaccurate statement that the letter is 'fully compliant with the Practice Direction' it is in fact woefully defective and appears to be a deliberate attempt to mislead the recipient.

Please therefore provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct:

http://www.justice.gov.uk/courts/pro...action_conduct

I confirm that I shall then seek advice and submit a formal Response within 30 days of receipt, as required by the Practice Direction.

Please ensure that someone does actually read and respond to this letter, providing the specific information relating to the county court claim that your client intends to make against myself as the defendant to the proposed legal proceedings. Please DO NOT send a generic FAQ letter in reply as to do so does not meet the requirements of the Practice Direction and will take this matter no further forward.

Please note, a refusal to comply with the Practice Direction will result in an immediate referral to the Solicitors Regulation Authority for breach of the Principles contained in the SRA Handbook version 8, published on 1st October 2013.

I trust this will not be necessary, and look forward to receiving a fully compliant letter before claim in due course.

Yours faithfully

[mystery1]

Re: Parking Eye reply to my LBA reply

Nothing more that you can really do now until you see how they take it.

Get pictures of the signage if you can and await their next move and the result from Cambridge.

M1

[AllanS]

Re: Parking Eye reply to my LBA reply

So I ignore their reply? Why Cambridge?

[mystery1]

Re: Parking Eye reply to my LBA reply

I thought the bold was your reply ?

Cambridge is a test case of sorts and i'd imagine most judges will use it as "persuasive" for their own hearings because it will not be binding. Due to the senior nature of the judge and the fact that the claimant used a QC i'd say that is only correct.

http://parking-prankster.blogspot.co...g-session.html

http://parking-prankster.blogspot.co...n-session.html

M1

[AllanS]

Re: Parking Eye reply to my LBA reply

The bold was my reply to the LBA, they then sent a reply to that which I included in the first post. Sorry for not making that clear.

[mystery1]

Re: Parking Eye reply to my LBA reply

Well in that case you can either reply noting their shortcomings or wait.

If your using email and have the time a reply is good because it shows unreasonable behaviour which you can use to get extra costs or if you lost reduce theirs.

I wouldn't waste stamps or time i didn't have though. You'll get to court whatever you write.

M1

[AllanS]

Re: Parking Eye reply to my LBA reply

That reply was an email, they replied via the post. Are their shortcomings what you outlined in the other thread noted above?

[mystery1]

Re: Parking Eye reply to my LBA reply

Well the issues in the other thread were mainly based on asking for documentation and them saying no. You didn't ask for documents that i see.

All you've said is you'll defend and they lied when they said the letter complied with the pre action protocols. The reply by them doesn't make a whole heap of sense as a reply to you.

You could expand on why you think their letter before action fails to comply with PAPs and request documents they intend to rely on.

M1

[AllanS]

Re: Parking Eye reply to my LBA reply

I've today received the following reply, what do I do now? :/

[mystery1]

Re: Parking Eye reply to my LBA reply

Dear Ms. Ledson,

Thank you for your letter dated xxxx the contents of which are noted.

I note that you state that your LBA is compliant with the pre action protocols, it does not. Indeed your listing of documents only took place in your reply to my reply. This is an admission that your LBA is non compliant.

Annex A at number 2 tells you :-

2. Claimant’s letter before claim

2.2 The letter should also –
(1) list the essential documents on which the claimant intends to rely;
(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;
(3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and
(4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see.
2.3 Unless the defendant is known to be legally represented the letter should –
(1) refer the defendant to this Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction; and
(2) inform the defendant that ignoring the letter before claim may lead to the claimant starting proceedings and may increase the defendant's liability for costs.

http://www.justice.gov.uk/courts/pro...tion_conduct#A

To state that you letter before action complies with the above Annex A is simply staggering and will be brought to the attention of the court. The penalties for this can be found at http://www.justice.gov.uk/courts/pro...on_conduct#4.1

Sanctions for non-compliance
4.5 The court will look at the overall effect of non-compliance on the other party when deciding whether to impose sanctions.
4.6 If, in the opinion of the court, there has been non-compliance, the sanctions which the court may impose include –
(1) staying (that is suspending) the proceedings until steps which ought to have been taken have been taken;
(2) an order that the party at fault pays the costs, or part of the costs, of the other party or parties (this may include an order under rule 27.14(2)(g) in cases allocated to the small claims track);
(3) an order that the party at fault pays those costs on an indemnity basis (rule 44.3(3) sets out the definition of the assessment of costs on an indemnity basis);
(4) if the party at fault is the claimant in whose favour an order for the payment of a sum of money is subsequently made, an order that the claimant is deprived of interest on all or part of that sum, and/or that interest is awarded at a lower rate than would otherwise have been awarded;
(5) if the party at fault is a defendant, and an order for the payment of a sum of money is subsequently made in favour of the claimant, an order that the defendant pay interest on all or part of that sum at a higher rate, not exceeding 10% above base rate, than would otherwise have been awarded.


I note that you are willing to provide documents at the appropriate time. That time is now.

The aims of the pre action protocol are to encourage parties to "exchange information about the issue" 1.1 2 of the PAP practice direction. http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#1.1

Examples of non compliance at 4.4 are (4) without good reason, not disclosed documents requested to be disclosed. http://www.justice.gov.uk/courts/pro...on_conduct#4.1



I will be relying on Parking eye v Somerfield as well a lower court cases which call in to question your locus standi. Your contract allowing you to be claimant and make contracts with myself will be required.

Yours etc

M1

[AllanS]

Re: Parking Eye reply to my LBA reply

I've had a further reply which they've attached the original parking charge notice, the parking charge notice reminder, an outstanding parking charge notice, a letter before county court claim, and copies of the signage used at the site. The print is so small at the bottom of the signs I cannot make the writing out.

[mystery1]

Re: Parking Eye reply to my LBA reply

Well 3 choices really.

1. Continue the letter ping pong quoting PAPS and the exchange of information citing all the cases they lost on locus standi.

2. Wait for the inevitable court claim.

3. Negotiate a settlement.

M1