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Parking / Traffic OffencesA forum to discuss the legalities or unlawfulness of parking/speeding tickets or congestions charges etc.
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OPC & the famous Windsor-Smythe & Partners - advice please
Dear all, I'm after some advice please...
Background: At the end of 2007 I received a "PCN" from OPC after parking outside a friends house for the night. There were no signs to say I could not near the house and the only sign present was on entry to the estate as I discovered the next day - far too high, on the right hand side of the road, and in a ridiculously small font - I did not see it in the dark at 9pm.
After numerous letters to OPC to appeal (before I found this site) they failed to respond to any of the points I raised and kept insisting I had to pay up.
After a few months of hearing nothing I recently received a letter from "Windsor-Smythe & Partners" which I ignored.
This morning I received a follow up letter saying that they have no choice but to proceed through the County Court.
It goes on to say:
"We WARN you now, that should you continue to ignore our correspondence after the matter is heard by the County Court, the following will happen:
Bailiffs will be instructed to enforce the debt, which may include removal of goods.
A county court judgement will be registered against you. This will have a direct effect on your credit standing, which if prejudiced may be difficult to restore."
Complete rubbish as far as I'm concerned after reading numerous posts on these forums - mere bully boy tactics.
What would you recommend as my next step? I was going to send the following from the wonderful letter templates:
"Dear Sirs,
This alleged debt is in dispute. I have written to your principal on a number of occasions and they have failed to substantiate their claim.
In the circumstances please refer this matter back to your client.
Any further correspondence from you in relation to this matter may result in a complaint to the authorities under the Protection From Harassment Act 1997.
Re: OPC & the famous Windsor-Smythe & Partners - advice please
Quote:
Originally Posted by mole2384
Dear all, I'm after some advice please...
Background: At the end of 2007 I received a "PCN" from OPC after parking outside a friends house for the night. There were no signs to say I could not near the house and the only sign present was on entry to the estate as I discovered the next day - far too high, on the right hand side of the road, and in a ridiculously small font - I did not see it in the dark at 9pm.
After numerous letters to OPC to appeal (before I found this site) they failed to respond to any of the points I raised and kept insisting I had to pay up.
After a few months of hearing nothing I recently received a letter from "Windsor-Smythe & Partners" which I ignored.
This morning I received a follow up letter saying that they have no choice but to proceed through the County Court.
It goes on to say:
"We WARN you now, that should you continue to ignore our correspondence after the matter is heard by the County Court, the following will happen:
Bailiffs will be instructed to enforce the debt, which may include removal of goods.
A county court judgement will be registered against you. This will have a direct effect on your credit standing, which if prejudiced may be difficult to restore."
Complete rubbish as far as I'm concerned after reading numerous posts on these forums - mere bully boy tactics.
What would you recommend as my next step? I was going to send the following from the wonderful letter templates:
"Dear Sirs,
This alleged debt is in dispute. I have written to your principal on a number of occasions and they have failed to substantiate their claim.
In the circumstances please refer this matter back to your client.
Any further correspondence from you in relation to this matter may result in a complaint to the authorities under the Protection From Harassment Act 1997.
Yours faithfully"
Does that sound like the best step to take?
Many thanks
presumeably windsor smythe and partners are solicitors.
Re: OPC & the famous Windsor-Smythe & Partners - advice please
This firm is not unknown on these forums.
Quote:
Originally Posted by mole2384
"We WARN you now, that should you continue to ignore our correspondence after the matter is heard by the County Court, the following will happen:
Bailiffs will be instructed to enforce the debt, which may include removal of goods.
A county court judgement will be registered against you. This will have a direct effect on your credit standing, which if prejudiced may be difficult to restore."
Complete rubbish as far as I'm concerned after reading numerous posts on these forums - mere bully boy tactics.
They can't take you to court only their client can.
After the matter is heard by the county court......
The rest of claptrap is only if you lose and you fail to pay within the time stipulated by the court. Of course if you win then they get zilch.
Quote:
Originally Posted by mole2384
What would you recommend as my next step?
Send the letter you've drafted.
I'd also send a cease and desist letter to OPC. Tell them to either put up or shut up. Ignore any further correspondence (but keep it on file) short of court papers.
The Consumer Action Group and The Bank Action Group are registered trademarks Reclaim the Right Ltd. - reg.05783665 in the UK
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OPC & the famous Windsor-Smythe & Partners - advice please 
Re: OPC & the famous Windsor-Smythe & Partners - advice please 
