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Parking Company court threats

Re: Parking Company court threats

Postby atticus » Mon May 18, 2015 8:07 am

Funnily enough, that is exactly what a letter before action is: an attempt to get you to pay.

It is a request for payment, with a warning of court action if you do not pay.

Claimants get criticised and generally do not get costs if they start Court claims without writing such letters.

If they have written such a letter, which you have ignored as "an attempt to get you to pay", then when Court proceedings are started, if you are liable, you are likely to be ordered to pay additional sums in Court fees and costs.
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Re: Parking Company court threats

Postby diy » Mon May 18, 2015 8:13 am

I'm not suggesting anyone ignores a letter before action. However, many of these are just template letters which follow a process of letters previously sent. If you are confident of your dispute and have disputed previous claims then this should not be seen any differently.

It might of course be wise to send payment to the value of the parking fee which would have been paid, if the machine was working properly. I personally would not expect to park for free just because the machine was faulty. However, I might be miffed at paying a commercial deterrent penalty on top.
My suggestions are not legal advice
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Re: Parking Company court threats

Postby diy » Mon May 18, 2015 10:37 am

Edit: A small claim court would not normally issue a costs award for legal fees against the losing party in a disputed debt, which seems to be part of the list of costs detailed in the LBA, particularly if there was an offer to settle for the amount that was not disputed.
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Re: Parking Company court threats

Postby atticus » Mon May 18, 2015 10:39 am

CPR 27.14 provides for payment of some legal cost. I have not compared that with whatever has been demanded.
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Re: Parking Company court threats

Postby against-big-guns » Mon May 18, 2015 1:01 pm

Case No. 3JD08399 Altringham County Court 17 March 2014 Parkling Eye v Mrs. X - transcript available on Parking Prankster website. DJ case only so not binding but claimant failed to establish claim when defendant admitted to driving round for 31 minutes looking for space.
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Re: Parking Company court threats

Postby atticus » Mon May 18, 2015 1:58 pm

A common sense decision in those circumstances, but it does not assist in a case such as the OP's, where the vehicle was parked.
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Re: Parking Company court threats

Postby notguilty » Sat May 23, 2015 3:05 pm

If I get a Letter Before Action I always reply with a CPR 31.16 request asking them to disclose stuff.
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Re: Parking Company court threats

Postby atticus » Sat May 23, 2015 4:50 pm

That is advice beloved of another forum. Would you know what do with stuff if it is disclosed to you?
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Re: Parking Company court threats

Postby notguilty » Sat May 23, 2015 6:03 pm

atticus wrote:That is advice beloved of another forum. Would you know what do with stuff if it is disclosed to you?


I would think there is no harm in getting information disclosed before deciding if you should settle or not before going to court. I have found putting information before the judge showing you tried to settle always helps when costs are awarded.

Isn't that what this Civil Procedure Rule is for?

Nothing to stop them requesting the adjudicator too.
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Re: Parking Company court threats

Postby atticus » Sat May 23, 2015 6:25 pm

It is a part of the purpose of the Civil Procedure Rules.
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