please what do you mean by a letter before claim?
PCN from Civil Enforcement
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Hi. ostell. POPLA came back to me with an email to respond to what Civil Enforcemnt have on me. When I click the link, they have attached the signage and cases. Will attach thatAttached Files
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Also, you asked I post what I am going to send for the the re-appeal for critic. ( Based on the one which I missed the deadline) I carried out research on this website and came up with something. It is what I had written before plus another point. Here it is..
I have received your reminder about a Notice to Keeper xxxxx for vehicle VRM xxxx.
Accordingly you have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.
There is no legal requirement to name the driver at the time and I will not be doing so.
The Charge is disproportionate and not a genuine pre-estimate of loss
The amount you have charged is not based upon any genuine pre-estimate of loss to your company or the landowner.
In my case, the £100 charge you are asking for, far exceeds the cost to the landowner. I only overstayed for 18 minutes. I therefore feel the amount you are asking for, is excessive.
Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.
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It is too late to reappeal to CEL, you are now at the POPLA stage so take that opportunity. You must respond to what CEL have said and refute anything that you disagree with otherwise it is taken that you agree. You only have a limited time to get your response to POPLA. Pre-estimate of loss is a no no now after Beavis.
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Hi ostell I came up with a write up and forwarded to POPLA. Unfortunately I was editing on there page as the characters allowed were limited, whilst editing, I may have mistakenly sent it without all the intended points. They replied me recently and rejected the appeal.
Do do you think it’s advisable I go to court? Do I stand a chance?
Thank you..
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Originally posted by Tinny View PostHi everyone, pls how can I respond to a letter before claim. Thank you
Or a pre-action protocol pack (From CEL)?CAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John Sedgwick
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I have received a letter from debt collectors, however there is someone I know who have received letter wore claim of a pcn from 3 years ago, and they are really scared. I thought if I can use them to practice as mine is pending. Would appreciate any sort of help.
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Originally posted by Tinny View PostI have received a letter from debt collectors, however there is someone I know who have received letter wore claim of a pcn from 3 years ago, and they are really scared. I thought if I can use them to practice as mine is pending. Would appreciate any sort of help.
Why not have 2 seperate threads?
It is a bit tricky (& poss dangerous) to use details of one case to fight another....we tend to find that cases differ from person to person, & that could be the difference between winning or losing.CAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John Sedgwick
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ostell Hello, I have received a letter which I believe may be the letter before claim. I do not have an idea how to go by it, and would appreciate a lead way. Thanks you. Will update letter
Attached Files
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