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Euro Parking Services - Letter before claim

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  • #31
    hows this?

    Gladstones Solicitors
    The Terrace
    High Leigh Park Golf Club
    Warrington
    Cheshire
    WA16 6AA

    [Date]

    Your Ref: [Ref]

    Dear Sirs,

    I am in receipt of your Letter Before Claim of [Date]
    Firstly, the LBCC sent was dated 21st December 2018. However the LBCC arrived at my address on the 2nd January 2019. I will be requesting proof of postage if this claim is filed to the courts and this will be deemed as unfair as the response time has been reduced to 19 days. Response time should allow 31 days to avoid wasting court time and costs.
    I require your client to comply with the Pre-Action Protocol for Debt Claims by sending me the following information/documents:

    1. An explanation of the cause of action
    2. Whether they are pursuing me as driver or keeper
    3. Whether they are relying on the provisions of Schedule 4 of POFA 2012
    4. What the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
    5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
    6. Is the claim for trespass? If so, provide details.
    7. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 establishing yourself as the creditor.
    8. A plan showing where any signs were displayed
    9. Details of the signs displayed (size of sign, size of font, height at which displayed)
    10. Provide details of the original charge and detail any interest and administrative or other charges added
    11. Provide a copy of the Information Sheet and the Reply Form

    Yours faithfully,

    XXXXXXX XX XXXXXX

    Comment


    • #32
      All you need to ask for is all the documentation that they intend to rely on in court.
      No need to go into detail or complain about slow delivery.

      Comment


      • #33
        Okay thank you

        Comment


        • #34
          Hi, I received a text today from Gladstones. The response to the letter of claim must have arrived on the 32nd day. What do you think I should do? Euro still haven't sent back anything replying to the SAR. Also Gladstones must have read my letter as it was the only document containing my phone number.

          Comment


          • #35
            Write back to them and ask where is the information you requested in response to their letter before claim. You are trying to better understand the basis of their claim and would have expected that they comply with the pre-action protocol.

            You can also forbid then to use text.

            Comment


            • #36
              Originally posted by ostell View Post
              Write back to them and ask where is the information you requested in response to their letter before claim. You are trying to better understand the basis of their claim and would have expected that they comply with the pre-action protocol.

              You can also forbid then to use text.
              agreed, id put on the bottom of any letter

              We reserve the right to draw the Courts attention to this correspondence on the question of costs and conduct
              I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

              If you need to contact me please email me on Pt@roachpittis.co.uk .

              I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

              You can also follow my blog on consumer credit here.

              Comment


              • #37
                I understand. I'll reply to them through post with proof of postage and request again details of the claim. Even if my letter did arrive after the 31 days they stated. Would they still need to comply with the preaction protocol?

                Comment


                • #38
                  Originally posted by Husein55 View Post
                  I understand. I'll reply to them through post with proof of postage and request again details of the claim. Even if my letter did arrive after the 31 days they stated. Would they still need to comply with the preaction protocol?
                  a creditor can choose to ignore the protocol, but he can be sanctioned in costs if he does
                  I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                  If you need to contact me please email me on Pt@roachpittis.co.uk .

                  I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                  You can also follow my blog on consumer credit here.

                  Comment


                  • #39
                    Hi guys, here's an update on the situation. Gladstones still haven't responded to me letter requesting documents related to the claim. Euro parking services haven't replied to the SAR I sent to them on 7th January. Surely under GDPR they are obligated to send documents within a month?

                    Comment


                    • #40
                      ICO complaint time for the failure of the DSAR request to Euro But wait another 5 days they are allowed under certain circumstances to be late but in Euro case cannot see real reason for it:=

                      Make a complaint | ICO


                      https://ico.org.uk/make-a-complaint

                      Comment

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