Tweet
Hi
Please could someone help me with my next response. I have already used advice from these forums about the PCN I received.
My previous emails are below.
Kam
Dear Mr SINGH
Our Reference: 1309521
Client Reference: 102354016
Car Parking Operator: CIVIL ENFORCEMENT LTD
Instructed by: ZZPS Limited
Balance outstanding: £ 236.00
With reference to your recent correspondence, the contents of which have been duly noted.
Please note you had every opportunity to appeal this Parking Charge Notice (PCN), request further information or take your appeal further with an independent assessor within the required timeframe as specified in the initial notification of this PCN which was sent to you on 20 April 2016.
Moreover, we are required to comply specifically with Annex B of the Pre Action Protocol and we do so fully. In proceedings we comply with the spirit of Annex A and we conduct litigation in accordance with the overriding objective. The Letter Before Claim makes clear the action that will be taken should non-payment continue and the consequences of such action. We are confident that our pre action correspondence meets all requirements for information to be provided to the recipient.
In regards to your point about CPR, it must be noted that we have not yet issued a Claim against you. However, should we be instructed to do so, we shall ensure that our Particulars of Claim are fully compliant with the relevant provisions set out within the CPR.
Additionally, the original PCN from the car park operator after the discounted period was £140.00. Due to the progression of the matter, further recovery costs have been added of £96.00 which falls within the British Parking Association’s recommended guidelines for car park enforcement.
We believe we have provided sufficient information about this matter, therefore, we can confirm this account will remain on hold until 12 October 2016 to allow time for payment 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
cid:image001.png@01D21B0E.1B7E4D80
Tim Hawker
Head of Debt Recovery Operations
From: kam
Sent: 28 September 2016 22:43
To: Debt Support
Subject: Re: 1309521
Thank you for your email today, the contents of which are noted.
I am sure as a firm of solicitors you are more than aware that the civil procedure rules, including the over riding objective, are to enable matters to be boiled down to the nitty gritty to save courts time and expense. This clearly cannot be achieved when 1 party is obstructive.
When it comes down to litigation, it really is not acceptable to say i'm not going to show you a document that will be relied on in court because you must have had it long ago. I remind you of the words of LJ Rix in Expandable v Rubin [2008] EWCA Civ 59
"The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection. What in such circumstances is the virtue of coyness?"
It is therefore very disappointing that you state "This matter is now in recovery stage, our clients will only provide further evidence or information before the court, should this matter proceeds to that stage. I cannot see how anyone can think this is anywhere close to compliance with the over riding objective or the pre action protocols.
You have also not explained how the £236 is made up. The BPA code of practice states the maximum charge is £10, how has this increased to £236?
I invite you to drop any claim for the above reasons or comply properly with CPR as i have alluded too.
Kam
From: Debt Support <support@wrighthassall.co.uk>
To: Kam
Sent: Wednesday, 28 September 2016, 13:29
Subject: RE:1309521
Dear Mr Singh
Our Reference: 1309521
Client Reference: 102354016
Car Parking Operator: CIVIL ENFORCEMENT LTD
Instructed by: ZZPS Limited
Balance outstanding: £ 236.00
With reference to your recent correspondence, the contents of which have been duly noted.
Please note this matter is now in recovery stage and you have surpassed the time to appeal this matter. An appeal should have been sent to the car park operator in writing or email by the registered keeper or a third party with keeper’s signed authority within 28 days from the date of the initial Parking Charge Notice (PCN), which was sent to your address on 20 April 2016. Therefore, our clients will only provide further evidence or information before the court, should this matter proceeds to that stage.
We can confirm this PCN stands and in order to close the matter in settlement of your liability, the outstanding balance of £236.00 needs to be paid in full. We will place a 14-day hold on this matter to allow you time to make payment in full. Should payment in full not be received, the hold will be removed and this account may proceed to litigation stage with a view to issuing a claim and obtaining judgment.
Please see below our payment methods we have enclosed for your convenience.
Debit Card/ Direct Debit: Call 01926 758101
Online: Please visit our website at: https://paymentsplace.com/wrighthassall/
Please quote our reference number with all payments.
Yours sincerely
cid:image001.png@01D218B1.9EDFA2A0
Tim Hawker
Head of Debt Recovery Operations
From: kam
Sent: 19 September 2016 18:19
To: Debt Support
Subject: Re: Formal Letter of Claim
Wright Hassall Reference : 1309521
On Mon, 19 Sep, 2016 at 6:10 pm, kam > wrote:
Dear Wright Hassall
I write in response to your letter before action dated 15 September 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 :-
1) What type of car park is it ?
2) What contravention gives a cause of action
3) Who contravened your rules ?
4) Who you are pursuing ?
5) Have you followed the rules laid down in the Protection of freedoms act 2012 schedule 4 ?
6) 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
Kam
Please could someone help me with my next response. I have already used advice from these forums about the PCN I received.
My previous emails are below.
Kam
Dear Mr SINGH
Our Reference: 1309521
Client Reference: 102354016
Car Parking Operator: CIVIL ENFORCEMENT LTD
Instructed by: ZZPS Limited
Balance outstanding: £ 236.00
With reference to your recent correspondence, the contents of which have been duly noted.
Please note you had every opportunity to appeal this Parking Charge Notice (PCN), request further information or take your appeal further with an independent assessor within the required timeframe as specified in the initial notification of this PCN which was sent to you on 20 April 2016.
Moreover, we are required to comply specifically with Annex B of the Pre Action Protocol and we do so fully. In proceedings we comply with the spirit of Annex A and we conduct litigation in accordance with the overriding objective. The Letter Before Claim makes clear the action that will be taken should non-payment continue and the consequences of such action. We are confident that our pre action correspondence meets all requirements for information to be provided to the recipient.
In regards to your point about CPR, it must be noted that we have not yet issued a Claim against you. However, should we be instructed to do so, we shall ensure that our Particulars of Claim are fully compliant with the relevant provisions set out within the CPR.
Additionally, the original PCN from the car park operator after the discounted period was £140.00. Due to the progression of the matter, further recovery costs have been added of £96.00 which falls within the British Parking Association’s recommended guidelines for car park enforcement.
We believe we have provided sufficient information about this matter, therefore, we can confirm this account will remain on hold until 12 October 2016 to allow time for payment 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
cid:image001.png@01D21B0E.1B7E4D80
Tim Hawker
Head of Debt Recovery Operations
From: kam
Sent: 28 September 2016 22:43
To: Debt Support
Subject: Re: 1309521
Thank you for your email today, the contents of which are noted.
I am sure as a firm of solicitors you are more than aware that the civil procedure rules, including the over riding objective, are to enable matters to be boiled down to the nitty gritty to save courts time and expense. This clearly cannot be achieved when 1 party is obstructive.
When it comes down to litigation, it really is not acceptable to say i'm not going to show you a document that will be relied on in court because you must have had it long ago. I remind you of the words of LJ Rix in Expandable v Rubin [2008] EWCA Civ 59
"The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection. What in such circumstances is the virtue of coyness?"
It is therefore very disappointing that you state "This matter is now in recovery stage, our clients will only provide further evidence or information before the court, should this matter proceeds to that stage. I cannot see how anyone can think this is anywhere close to compliance with the over riding objective or the pre action protocols.
You have also not explained how the £236 is made up. The BPA code of practice states the maximum charge is £10, how has this increased to £236?
I invite you to drop any claim for the above reasons or comply properly with CPR as i have alluded too.
Kam
From: Debt Support <support@wrighthassall.co.uk>
To: Kam
Sent: Wednesday, 28 September 2016, 13:29
Subject: RE:1309521
Dear Mr Singh
Our Reference: 1309521
Client Reference: 102354016
Car Parking Operator: CIVIL ENFORCEMENT LTD
Instructed by: ZZPS Limited
Balance outstanding: £ 236.00
With reference to your recent correspondence, the contents of which have been duly noted.
Please note this matter is now in recovery stage and you have surpassed the time to appeal this matter. An appeal should have been sent to the car park operator in writing or email by the registered keeper or a third party with keeper’s signed authority within 28 days from the date of the initial Parking Charge Notice (PCN), which was sent to your address on 20 April 2016. Therefore, our clients will only provide further evidence or information before the court, should this matter proceeds to that stage.
We can confirm this PCN stands and in order to close the matter in settlement of your liability, the outstanding balance of £236.00 needs to be paid in full. We will place a 14-day hold on this matter to allow you time to make payment in full. Should payment in full not be received, the hold will be removed and this account may proceed to litigation stage with a view to issuing a claim and obtaining judgment.
Please see below our payment methods we have enclosed for your convenience.
Debit Card/ Direct Debit: Call 01926 758101
Online: Please visit our website at: https://paymentsplace.com/wrighthassall/
Please quote our reference number with all payments.
Yours sincerely
cid:image001.png@01D218B1.9EDFA2A0
Tim Hawker
Head of Debt Recovery Operations
From: kam
Sent: 19 September 2016 18:19
To: Debt Support
Subject: Re: Formal Letter of Claim
Wright Hassall Reference : 1309521
On Mon, 19 Sep, 2016 at 6:10 pm, kam > wrote:
Dear Wright Hassall
I write in response to your letter before action dated 15 September 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 :-
1) What type of car park is it ?
2) What contravention gives a cause of action
3) Who contravened your rules ?
4) Who you are pursuing ?
5) Have you followed the rules laid down in the Protection of freedoms act 2012 schedule 4 ?
6) 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
Kam
Comment