zzps ltd requesting payment of pcn _ help please

[mystery1]

Re: zzps ltd requesting payment of pcn _ help please

Did you ever speak to B&M ?

Also if you are at the stage where they want £240/250 then you'd be mad to pay as there is only a very minute chance you pay any more if you lost. Of course if you could get out cheaper, say £60/100 then i'd still say no but i wouldn't think you were mad for doing so.

Can i see the letter ?

M1

[angelap1]

Re: zzps ltd requesting payment of pcn _ help please

Hi yes I'll post it next, we are at the £240 stage. No I didn't go to speak to B&M, I spoke to two people who said they'd tried and they just say it's nothing to do with them. Thanks again

[mystery1]

Re: zzps ltd requesting payment of pcn _ help please

Got to try. Also try FB & Twitter as some head offices care more. The worst that happens is they tell you to piss off.

M1

[angelap1]

Re: zzps ltd requesting payment of pcn _ help please

Cant seem to find a way to
to upload, will see if they have a fb or twitter account though

[angelap1]

Re: zzps ltd requesting payment of pcn _ help please

Hopefully thats uploaded now, thanks again for your help

[mystery1]

Re: zzps ltd requesting payment of pcn _ help please

Along the lines of :-


Edit to suit.


Dear Wright Hassall,



I write in response to your letter before action dated xxxth July 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 £236 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

[angelap1]

Re: zzps ltd requesting payment of pcn _ help please

Thanks again, just tweeted B&M so will see what happens there

[angelap1]

Re: zzps ltd requesting payment of pcn _ help please

Hi, well B&M asked foradvicearioails to be sent to customer services which I did and they have done nothinjudgemento say sorry we cant help. Ive sent the letter to the sols and heard back, still giving me 14 days to pay saying if I choose to rely on a template defence at court they wll seek an immediate strike out.
But it also says 'in regards to your comments about CPR it must be noted we have not yet issued a claim against you and should we be instructed to do so we will ensure the claim is compliant with the provisions set out within the CPR'. It goes on If i dont pay ' this account may proceed to litigation stage with a view to issuing a claim and obtaining judgement'.
So whats the worse case scenario if they litigate, can you please tell me what are the consequences of obtaining a judgement ?
Thanks again for your advice

[mystery1]

Re: zzps ltd requesting payment of pcn _ help please

If they get a judgement it'll be for £230 or so. There would be no consequences if paid within 28 days (barring the money and ill feeling obviously). Failure to pay would mean a CCJ on your credit report for 6 years.

The CPR stuff, they cannot read. We didn't say they had started a claim, we said if you do follow the rules asshole

M1

[angelap1]

Re: zzps ltd requesting payment of pcn _ help please

Oh that last bit made me laugh��
So if I get a CCJ could that mean bailiffs at my door?

[mystery1]

Re: zzps ltd requesting payment of pcn _ help please

If you didn't pay for ages after juddgement and made no attempt to do so, yes it could.

M1

[angelap1]

Re: zzps ltd requesting payment of pcn _ help please

Ahh ok, so I suppose I need to see if they go all the way which it looks like it may well do, just my luck! If they start court proceedings can I just pay at the last moment?

[mystery1]

Re: zzps ltd requesting payment of pcn _ help please

You could pay at any point up to judgement (or within 28 days of it as it practically would be no different to pay the inflated bullshit before judgement or after within 28 days)

M1

[angelap1]

Re: zzps ltd requesting payment of pcn _ help please

Ok thanks, what do you reckon on the chances of it not going to court? Assuming it goes all the way do the courts ever dispute the inflated price or is the judgement always the amount the solicitors summit meeting, thanks

[mystery1]

Re: zzps ltd requesting payment of pcn _ help please

With Zzzzpssss as the client 0%.

If they start with Civil enforcement limited as the client then it'll be higher.

M1