Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Many posters on recent threads have said that the best course of action with a PPC is to ignore all correspondence.
I tend not to follow this. I certainly advocate not initiating correspondence but I am of the view that the template letters are the appropriate way forward.
My reasons for this are that there can be no 100% certainty that things will not go to court. Faced with this [small] element of risk what has to be done is to anticipate the requirements of the court which will be that you will have behaved reasonably and endeavoured to resolve the dispute.
I believe that the template letters will do this. They do not engage in the issues that the PPC will wish to engage in but require the PPC to validate their claim.
So my view is if you want to take the risk of looking bad in court (in the event that it gets there) then fine, don't write. If you want to reduce the risk but in return have the admin of sending the letters, use the templates.
************************* *******************
Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.
The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.
I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.
Many thanks for your assistance and understanding on this.
Many posters on recent threads have said that the best course of action with a PPC is to ignore all correspondence.
I tend not to follow this. I certainly advocate not initiating correspondence but I am of the view that the template letters are the appropriate way forward.
My reasons for this are that there can be no 100% certainty that things will not go to court. Faced with this [small] element of risk what has to be done is to anticipate the requirements of the court which will be that you will have behaved reasonably and endeavoured to resolve the dispute.
I believe that the template letters will do this. They do not engage in the issues that the PPC will wish to engage in but require the PPC to validate their claim.
So my view is if you want to take the risk of looking bad in court (in the event that it gets there) then fine, don't write. If you want to reduce the risk but in return have the admin of sending the letters, use the templates.
The choice is yours but make it advisedly.
I totally concur with bernie for two reasons, 1. it shows that you know the law and you are on to their little [problem]. 2. You have indeed responded to thier request in the appropriate manner should court proccedings be entered into, ie bog off you thieving git/s take me on if you dare.
It is horses for courses. If you are going to write, and there are people are just not comfortable doing nothing, Bernie's templates are the way to go. They give nothing away and ask questions which the PPCs simply fail to answer.
Some of the letters we've seen because the OP has sent the "take it up with the driver" letter have been real beauties, the recent excel threat of "pre-action disclosure order" being a case in point.
On balance I'd say that if you are new to this, unsure, feel intimidated, then ignoring completely is probably the way to go. The anecdotal evidence is that you recieve fewer letters if you do not engage. the [minimal] increased exposure to risk is outweighed by decreased exposure to threatening correspondence
On the other hand, if you wish to fight back, which I do, then using the templates can result in your receiving some marvelous OTT examples of misrepresentation and malpractice by the PPCs and DCAs. Once the evidence is gathered then complain like hell to OFT, Trading Standards, whoever.
Yes, I do know that nothing is likely to happen from one complaint, but if we all complain, every time, there will be an effect.
My reasons for this are that there can be no 100% certainty that things will not go to court. Faced with this [small] element of risk what has to be done is to anticipate the requirements of the court which will be that you will have behaved reasonably and endeavoured to resolve the dispute.
... even if you never responded and ended up in court, your rights to defend yourself on the day would be unaffected. Sometimes they can even be quite informal affairs, and I've known a couple of friends who've been in court (not regarding parking) where the judge gave both sides 5 minutes in a side room to try and sort the dispute.
Sure the judge may ask why you haven't been in contact, and you can be honest and show that you have received advice against doing so.
Usually these things are decided on the facts presented on the day.
It is about the confidence level of the victim. I am quite happy to engage and get them to waste more money but thats time and effort and stamps for me too.
Whatever the approach chosen always keep everything they send you safe in the drawer. We know that the more outrageous the paperwork the less the chances are they will issue court papers.
But for the new nervous poster its is very different.
Ignore produces less letters so easier to deal with - and it gives the PPC no grip at all. for all they know their victim is out of country, dead, moved house etc. They are not going to spend extra money finding out as they know their 'case' is bogus anyway. Its just a percentage game.
The more people that spread the good word the better.
I would say that if there has been a confrontation with the invoicing drone at the scene of the crime (the PPC's crime that is not the driver's) then I would recommend sending one very formal standard letter after receipt of the first PPC letter and then ignoring from then on.
To Write Or Not To Write?
of sending the letters, use the templates.
Reply With Quote
Originally Posted by Bernie_the_Bolt
