Show Posts - karan323

Quote from: b789 on 29 Sep, 2025 16:45You can respond to that LBC (LoC) as follows:QuoteSubject: Response to your Letter Before Claim Ref: [reference number]Dear Sirs,Your Letter Before Claim contains insufficient detail of the claim and fails to provide copies of the evidence you place reliance upon, putting it in clear breach of the Pre-Action Protocol for Debt Claims.As a serial litigator, one would expect you to comply with paragraphs 3.1(a)–(d), 5.1 and 5.2 of the Protocol, and paragraphs 6(a) and 6(c) of the Practice Direction. These provisions exist to facilitate informed discussion and proportionate resolution. You may wish to reacquaint yourselves with them.The Civil Procedure Rules 1998, Pre-Action Conduct and Protocols (Part 3), require the exchange of sufficient information to understand each other’s position. Part 6 clarifies that this includes disclosure of key documents relevant to the issues in dispute.Your template letter refers to a “contract” yet encloses none. That omission undermines the only foundation upon which your claim allegedly rests. It is not possible to engage in meaningful pre-litigation dialogue while you decline to furnish the very document you purport to enforce.I confirm that, once I am in receipt of a Letter Before Claim that complies with para 3.1(a), I shall seek advice and submit a formal response within 30 days, as required. Accordingly, please provide:1. A copy of the original Notice to Keeper (NtK) and any notice chain relied upon to assert PoFA 2012 liability.
2. A copy of the contract you allege exists between you and the driver, being an actual photograph of the sign(s) in place on the material date (not a stock image), together with a site plan showing the sign locations.
3. The precise wording of the clause(s) allegedly breached.
4. The written agreement between you and the landowner evidencing standing/authority to enforce and to litigate.
5. A breakdown of the sums claimed, identifying whether the principal sum is claimed as consideration or damages, and whether the £70 “debt recovery” add-on includes VAT.
I am entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction, and I require it to meet my own obligation under paragraph 6(b).If you fail to provide the above, I will treat that as non-compliance with the PAPDC and Pre-Action Conduct. I reserve the right to place this correspondence before the Court and to seek appropriate sanctions and costs (including, where appropriate, a stay and/or other case management orders).Until you comply and provide the requested material, I am unable to respond properly to the alleged claim or to consider my position. It would be premature and a waste of costs and court time to issue proceedings. Should you do so, I will seek immediate case management relief pursuant to paragraph 15(b) of the Practice Direction and an order compelling provision of the above.Please note, I will not engage with any web portal; I will only respond by email or post.Yours faithfully,[Your name]Thank you so much for this template letter. The letter of action received has no email address so not sure whom to write this reply to.

Quote from: jfollows on 29 Sep, 2025 11:32Can you show us the PCN from October 2024?If not, please tell us what you can and why it was issued.Apologies I dont have the copy of original PCN what should I do about this letter before action ? they have sent a 10 page reply document with it asking for lot of personal information not sure if I should fill this.

Thank you for the advice earlier for the mediation call. I got the call and told them I am not ready to pay anything for this matter and therefore they didnt have much to work with. Today I RECEIVED the below letter informing about the case being transferred to nearby court. let me know what should be my next steps. Image posted :  https://ibb.co/gMgSrMp6

I have received this civil enforcement notice last week kindly review and let me know the next steps from my end thank you in advance for your helpLink to image belowhttps://imgur.com/a/IELOEHP

Thanks for your help so farReceived this email last week and want to know what to expect and what should be my statement and stance for this appointment.******************************Your telephone mediation appointmentAppointment date: 03/09/2025Appointment time slot: 09:30 to 12:30Your confidential telephone mediation appointment has been booked for the above date and time slot. This means that the mediator will call you between the times shown. Your appointment will last for around one hour from the point at which the mediator calls.The mediator will call both parties separately – you will not talk directly to the other side. They will try to help you both come to an agreement before the case goes to court.Where your mediation appointment is mandatory, If you do not attend the appointment, the judge will take this into consideration at any court hearing and may issue a penalty. This could include the judge automatically ruling in the other party’s favour or ordering you to pay for some or all the other party’s costs.

Quote from: b789 on 02 Jun, 2025 09:30Quote from: karan323 on 02 Jun, 2025 08:58The letter I received was definitely letter of claim earlier this year when I created this post. However I have a bad habit of just reading such warning letters and chucking them in the bin should keep them from now onwards. The letter did say letter of claim on the top hence I came to this forum to create the post.Quote from: karan323 on 14 May, 2025 11:19Please note that DCB Legal were solely instructed to send the Solicitor Reminder Letter in this matter. DCBL (Direct Collections Bailiffs Limited) continue to remain instructed on the matter, and as such, all further correspondence should be sent to them directly.If that was the response you received then it was definitely NOT an LoC. It sounds more like you responded to a powerless letter from DCBL (not DCB Legal) that was threatening to escalate to a claim. DCBL cannot issue an LoC or make a claim. All debt recovery companies are powerless to do anything except to try and make the low-hanging fruit on the gullible tree pay up out of ignorance and fear.Anyway, can you show us their "LoC" or a more recent issue of one?With an issue date of 28th May, you have until 4pm on Monday 16th June to submit your defence. If you submit an Acknowledgement of Service (AoS) before then, you would then have until 4pm on Monday 30th June to submit your defence.If you want to submit an AoS then follow the instructions in this linked PDF:https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0Otherwise, here is the defence and link to the draft order that goes with it. You only need to edit your name and the claim number. You sign the defence by typing your full name for the signature and date it. There is nothing to edit in the draft order.When you're ready you combine both documents as a single PDF attachment and send as an attachment in an email to claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim number must be in the email subject field and in the body of the email just put: "Please find attached the defence and draft order in the matter of Euro Car Parks Ltd v [your full name] Claim no.: [claim number]."QuoteIN THE COUNTY COURTClaim No: [Claim Number]BETWEEN:Euro Car Parks LtdClaimant- and -[Defendant's Full Name]
DefendantDEFENCE1. The Defendant denies the claim in its entirety. The Defendant asserts that there is no liability to the Claimant and that no debt is owed. The claim is without merit and does not adequately disclose any comprehensible cause of action.2. There is a lack of precise detail in the Particulars of Claim (PoC) in respect of the factual and legal allegations made against the Defendant such that the PoC do not comply with CPR 16.4.3. The Defendant is unable to plead properly to the PoC because:(a) The contract referred to is not detailed or attached to the PoC in accordance with CPR PD 16(7.5);(b) The PoC do not state the exact wording of the clause (or clauses) of the terms and conditions of the contract (or contracts) which is/are relied on;(c) The PoC do not adequately set out the reason (or reasons) why the claimant asserts the defendant has breached the contract (or contracts)(d) The PoC do not state with sufficient particularity exactly where the breach occurred, the exact time when the breach occurred and how long it is alleged that the vehicle was parked before the parking charge was allegedly incurred;(e) The PoC do not state precisely how the sum claimed is calculated, including the basis for any statutory interest, damages, or other charges;(f) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;(g) The PoC do not provide clarity on whether the Defendant is sued as the driver or the keeper of the vehicle, as the claimant cannot plead alternative causes of action without specificity.4. The Defendant attaches to this defence a copy of a draft order approved by a district judge at another court. The court struck out the claim of its own initiative after determining that the Particulars of Claim failed to comply with CPR 16.4. The judge noted that the claimant had failed to:(i) Set out the exact wording of the clause (or clauses) of the terms and conditions relied upon;(ii) Adequately explain the reasons why the defendant was allegedly in breach of contract;(iii) Provide separate, detailed Particulars of Claim as permitted under CPR PD 7C.5.2(2).(iv) The court further observed that, given the modest sum claimed, requiring further case management steps would be disproportionate and contrary to the overriding objective. Accordingly, the judge struck out the claim outright rather than permitting an amendment.5. The Defendant submits that the same reasoning applies in this case and invites the court to adopt a similar approach by striking out the claim for the Claimant’s failure to comply with CPR 16.4.Statement of truthI believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.Signed:Date:Draft Order for the defenceThanks for your help with the letter I received the letter from DCBL today in response to above which is a form N180 from HM courts and Tribunals service called Directions QuestionnaireShould I respond to this one or just let it be?

Got this letter today from HM courts and tribunal service after submitting the email as per above last weekhttps://imgur.com/a/ipssGtd

Email sent just now with all your valuable inputs. I am so delighted with the help you have provided thanks a lot

Can you suggest the response to the letter please?

Can't edit the image and post as I cant see the option.  The modify option I am seeing for posts that I uploaded today is not showing on the old posts

Heres a screen shot of my first post as I see it on my screen so cant see important note box here  [ Guests cannot view attachments ]

Quote from: jfollows on 31 May, 2025 09:10Also obscure the password which appears in your first post at least, simply because anyone wanting to cause you problems could use it - obviously not any of the ‘regulars’ but you never know.I can't understand what you are referring to? Can you see my login password for this website on my first post? I dont see it myself so not sure how to obscure it

Quote from: b789 on 31 May, 2025 05:37Quote from: karan323 on 14 May, 2025 11:19HI there,I received a letter of claim for a parking ticket not paid back in 2022I responded with your standard template I saw in another thread and they have now come back with following replyThank you for your email. Please note that DCB Legal were solely instructed to send the Solicitor Reminder Letter in this matter. DCBL (Direct Collections Bailiffs Limited) continue to remain instructed on the matter, and as such, all further correspondence should be sent to them directly.That’s because you did not receive an LoC and simply responded to DCB Legal acting as a debt collector. However, you have now shown us a claim. Did you ever receive an actual LoC after the one, that wasn’t one, you responded to?Before I provide advice on how to respond, answer the question. This is important, because what you imagined was an LoC, wasn’t.Did you ever receive an actual Letter of Claim? If you’re unsure, show us what you received.The letter I received was definitely letter of claim earlier this year when I created this post. However I have a bad habit of just reading such warning letters and chucking them in the bin should keep them from now onwards. The letter did say letter of claim on the top hence I came to this forum to create the post.

I am afraid I dont have the original letters before this one as I just ignored and threw them away

I have received the attached Claim form today and have been asked to respond to avoid CCJKindly let me know what should be the response