Formal letter of claim Wright Hassall

[Minty243]

Hello,
I have been reading up on this type of letter dated 15/3/2017 since receiving it but I have a slightly different situation to other peoples cases.
I recently moved out of the address it has been sent to, I believe there has been more letters before this but I did not have access to them, this is the first I have heard of the situation. The owners of the property I moved out of have got in touch and gave me the letter with due to concern for my situation. I believe the DVLA has my car at this address as I forgot to change the details with them being so busy with the move. It claims it is from a train station car park. Although I have parked here before I never had a ticket placed on my car to my knowledge. The date was 30/10/2016 at 00 : 00 : 00 stating the driver parked without clearly displaying the required valid pay and display. I do not believe this is the case as I had no ticket, was it taken off by someone passing as a joke or something to annoy the driver or did it even happen I am not sure I have no proof of anything, so I am at a loss of how to proceed.
Any help would be appreciated
Thanks, Minty

[mystery1]

Re: Formal letter of claim Wright Hassall

Edit to suit


Dear BW Legal,


I write in response to your letter before claim dated xxxx 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 ?

Are there byelaws in force ?

How is the £xxxx 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.




As your client should be aware, they did not respond to my appeal. Further any contract would be frustrated as the driver had to be rushed to hospital and was kept in overnight.




I await your response.




Yours sincerely








Send via email if possible.




M1

[Minty243]

Re: Formal letter of claim Wright Hassall

Thanks for the swift reply,
I have read this before, do they not just send a letter back covering all points and proceed with action? The fact that i have been unaware of this due to my situation, does that not need to be mentioned, or do they not give a dam about anything but me paying or going to court to claim?

[mystery1]

Re: Formal letter of claim Wright Hassall

It's at where it's at. You don't have enough information to defend so you want to try and get it. It's very unlikely they'll back off without a claim.

M1