parking letters help required please.

[tbeaver]

this issue started back in December. Initially a company called Wright Hassal was sending letters now gone to BW Legal

click to enlarge








No contact from the driver to any company invloved has been made. The alledged effence occured in December at 9pm on a very dark winters evening.

How to proceed please, driver of the car who alledgilly commited offence has gone through an IVA recently, hasd no income or any possesions to sell, not even claiming benefits. (seriously)

[mystery1]

Re: parking letters help required please.

Wait and see if a letter before claim or court papers arrive.

M1

[tbeaver]

Re: parking letters help required please.

Then what?

[mystery1]

Re: parking letters help required please.

If they send a letter before action - reply, a court claim - enter a defence or if they do none of these - do nothing.

M1

[tbeaver]

Re: parking letters help required please.

Ok. So if another letter comes reply with a reason why the parking was not paid for, such as it was dark and the alledged driver did not see any eluminated signage that stated the car park was 24 hours. As there was not adiquate signage that was eluminated the alledged driver thought that after 7pm it was free???

[mystery1]

Re: parking letters help required please.

It depends what the letter says. If it's junk ignore it. If it's a letter before claim respond something like


Dear BW Legal,




I write in response to your final notice which i take to be a letter before action dated 10th June 2016, the contents of which are noted.




As the pre action protocols expect us to exchange sufficient information to understand each others position please forward to myself the original parking charge notice and a picture of the signs at the location as well as the operators contract which allows them to operate at the site (or indeed confirmation they own the land in question).




As well as the information already requested please answer the following questions :-




What type of car park is it ?




What contravention gives a cause of action ?




Who contravened your rules ?




Who you are pursuing ?




Have you followed the rules laid down in the Protection of freedoms act 2012 schedule 4 ?




How is the £154 made up ?




Not only will this information help comply with the pre action protocols it will also help achieve the over riding objective.




Having done some research on your claims i request that if you ignore my requests for information that your claim complies with




CPR 16




Contents of the claim form
16.2
(1) The claim form must –
(a) contain a concise statement of the nature of the claim




Contents of the particulars of claim
16.4
(1) Particulars of claim must include –
(a) a concise statement of the facts on which the claimant relies;




Practice direction 16




Other matters to be included in particulars of claim
















7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.








Practice direction 22




Who may sign the statement of truth
3.1 In a statement of case, a response or an application notice, the statement of truth must be signed by




(2) the legal representative of the party or litigation friend.




3.7 Where a party is legally represented, the legal representative may sign the statement of truth on his behalf. The statement signed by the legal representative will refer to the client’s belief, not his own. In signing he must state the capacity in which he signs and the name of his firm where appropriate.




3.9 The individual who signs a statement of truth must print his full name clearly beneath his signature.




3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.








Practice direction 7E




Signature
10 Any provision of the CPR which requires a document to be signed by any person is satisfied by that person entering their name on an online form.












I await your response.




Yours sincerely


M1