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Re: Wright Hassall: Formal Letter of Claim (ZZPS Ltd & Premier Park Ltd)
Thanks for the reply M1.
I sent an email repeating my requests and just received the following reply, which unsurprisingly does not provide any more information.
I guess I only have options 1 and 2 left now?
SB
Dear [Removed]
Our Reference: 1340590Client Reference: 102614625Car Parking Operator: Premier Park Ltd Instructed by: ZZPS LimitedBalance outstanding: £ 208.00RE: [Removed]With reference to your recent email, the contents of which have been duly noted.
Please refer to the second last paragraph of our previous correspondence to seek a response to your query about the cost of this Parking Charge Notice (PCN).
Moreover, our clients will only provide a copy of the contract in litigation stage, should this matter proceed further.
Our clients are happy they have followed the correct process in issuing this PCN as well as in sending relevant correspondence to your address. We can confirm without full payment of the above balance, this account may proceed to the next stage.
We believe sufficient information has been provided to you about this PCN, therefore, we can confirm this account will remain on hold for further 14 days and unless you provide additional information you have not already brought to our attention, any further correspondence will be noted and filed but we will not respond.
Yours sincerely
Tim Hawker
Head of Debt Recovery Operations
From: [Removed]
Sent: 20 January 2017 16:53
To: Debt Support
Subject: Re: 1340590
Dear Tim
As you have recognised that Section 19.9 of the British Parking Association Code of Conduct does not require the Operator to stipulate how much these recovery charges are in advance. As extra recovery charges have now been applied, I am now requesting for a breakdown of the £108; this is a mark-up of 108% which is both unreasonable and not commercially justifiable.
In terms of providing the contract, this is a bit of a cop out as I am not interested in the ‘commercially sensitive’ information between the parties. I would like proof that a valid contract exists between the Landowner and the Operator, in addition to evidence that a term has been breached and that the Operator has the legal right to bring the claim.
Therefore, I will once again request for a copy of the Operator’s contract, which I reiterate that I am happy for the commercially sensitive information to be covered or excluded. I also request for a picture of the signs at the location and as mentioned above, a breakdown of the recovery charge.
I ask that if my requests for information are ignored again that your claim complies with Civil Procedure Rules Part 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
[Removed]
Thanks for the reply M1.
I sent an email repeating my requests and just received the following reply, which unsurprisingly does not provide any more information.
I guess I only have options 1 and 2 left now?
SB
Dear [Removed]
Our Reference: 1340590Client Reference: 102614625Car Parking Operator: Premier Park Ltd Instructed by: ZZPS LimitedBalance outstanding: £ 208.00RE: [Removed]With reference to your recent email, the contents of which have been duly noted.
Please refer to the second last paragraph of our previous correspondence to seek a response to your query about the cost of this Parking Charge Notice (PCN).
Moreover, our clients will only provide a copy of the contract in litigation stage, should this matter proceed further.
Our clients are happy they have followed the correct process in issuing this PCN as well as in sending relevant correspondence to your address. We can confirm without full payment of the above balance, this account may proceed to the next stage.
We believe sufficient information has been provided to you about this PCN, therefore, we can confirm this account will remain on hold for further 14 days and unless you provide additional information you have not already brought to our attention, any further correspondence will be noted and filed but we will not respond.
Yours sincerely
Tim Hawker
Head of Debt Recovery Operations
From: [Removed]
Sent: 20 January 2017 16:53
To: Debt Support
Subject: Re: 1340590
Dear Tim
As you have recognised that Section 19.9 of the British Parking Association Code of Conduct does not require the Operator to stipulate how much these recovery charges are in advance. As extra recovery charges have now been applied, I am now requesting for a breakdown of the £108; this is a mark-up of 108% which is both unreasonable and not commercially justifiable.
In terms of providing the contract, this is a bit of a cop out as I am not interested in the ‘commercially sensitive’ information between the parties. I would like proof that a valid contract exists between the Landowner and the Operator, in addition to evidence that a term has been breached and that the Operator has the legal right to bring the claim.
Therefore, I will once again request for a copy of the Operator’s contract, which I reiterate that I am happy for the commercially sensitive information to be covered or excluded. I also request for a picture of the signs at the location and as mentioned above, a breakdown of the recovery charge.
I ask that if my requests for information are ignored again that your claim complies with Civil Procedure Rules Part 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
[Removed]
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