TRETHOWANS Solicitors claimform - PPC PCN

[scousegeezer]

Hi All,

Anyone heard of Trethowans Sols. from Southampton.

 

My brother recvd an alleged Parking fine notice from a PPC at the beginning of the year.

 

I advised him to ignore everything as I have read on here.

This he did.

 

He has rung me a short while ago,

having just got home from work,

to say he has now recvd a County Court Summons from Southampton County Court; for the non payment of the "fine".

 

I have not been round to see him yet,

but I am aware that some "solicitors" issue papers to alleged "offenders" which look like County Court Summones.

 

Are Trethowans known for this, is it possible that the papers are fraudulent.

 

Any advise plse.

 

Many thanks - S.G.

[lamma]

Is there a case number on the Claim Form ? If so phone the court and ask. (its not a summons.) If there is no Claim Number them what exactly does the letter that came with it say ?

[Dragons Dennis]

There is no such thing as an alleged parking fine from a PPC. The only people that can issue a fine as far as parking is concerned, is the police or councils.

 

Sounds like hogwash, but better just check. Ask him which county court it is, then ring the court with the case number to confirm if it is legit. My money says not.

[ploddertom]

http://www.consumeractiongroup.co.uk/forum/showthread.php?154231

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?228634

 

PT

[scousegeezer]

Ploddertom,

Many thanks for the links, very useful.

Will post again this afternoon when I have seen the papers and know if they are real or not.

If not I think Trethowans will have a complaint from the law society going their way.

 

Cheers - Scousegeezer

[Old Snowy]

As Trethowans are purporting to act for a third party should you have a complaint (if the court papers were to transpire to be of doubtful origin, were unsealed, for example) then you should contact the Solicitors Regulating Authority (SRA) in the first instance. Their number is 0870 606 2555.

 

Trethowans have previously acted for NHS Trusts, CP Plus et al and have not always showered themselves in glory.

[scousegeezer]

Old Snowy,

Many thanks.

Cheers S.G.

[Al27]

Trethowans do try it on for the NHS (not CP Plus).

 

If you have a claim form, you need to defend.

[scousegeezer]

A127,

Many thanks.

The claim form is vary vague, just states £50 for parking charge.

Nothing else.

 

So for now,

I have told my brother to ring the court today; to check the validity.

 

If it is valid, I have printed out the template response in defence

- ie the claimant should enter more details in order that a defence/admission could be arrived at.

 

We are hoping that the court will strike it out because of lack of detail.

 

If Trethowans then re-submit the claim, I will contact you with my and my brothers e-mail addresses; for your help.

 

Many thanks - S.G.

[Al27]

Trethowans are lazy with particulars and take the mickey out of the court process.

 

Request that the claim be struck out under part 3.4 (2) of the Civil Procedure Rules:

 

a) the statement of case discloses no reasonable grounds for bringing the claim

[scousegeezer]

A127,

Once again thanks for the advice. Yes, this is what we have done. As stated above will contact if Trethowans re-submit the claim with more detail.

 

Many thanks - Cheers - S.G.

[scousegeezer]

Hi evry1,

I have just returned from holiday, to find that my brother has received a preliminary hearing date.

 

This for the County Court in Southampton,

the alleged indiscretion happened in Liverpool and we north live in Liverpool.

 

The date of prelim hearing is 17th January.

 

My brother replied to the inital papers as outlined above,

but the court appear to be allowing the claim top go ahead.

 

What do we do now plse.

 

All advice gratefully received .

 

Cheers - Scousegeezer

[crem]

If a defence was submitted to the court, then it should have followed automatically that the hearing would be transferred to the defendant's local court. I don't know why this wouldn't have happened in this case so I would suggest your brother contacts the court to find out why not, and submit a direct request for it to be transferred to Liverpool.

 

Other CAG experts on court hearings should be along shortly and be able to advise how to procede with the actual defence.

[scousegeezer]

Many thanks , Crem

 

Cheers - S.G.

[Al27]

Have you received and filled out an allocation questionnaire from the court?

[scousegeezer]

A127,

No, he didnt recieve the court allocation questionnaire.

He is runging the court today to request it be transferred to Liverpool as the Claimant and the defndant are both based in Liverpool and also the alleged transgression took place in Liverpool.

 

Cheers - S.G.

[Al27]

Fairly unusual to have been given a court date without receiving an Allocation Questionnaire (although it is possible).

 

What exactly does the court letter say? Is it a date for mediation instead?

[Surfer01]

Where does Southampton come into the picture?

[scousegeezer]

Hi All,

Surfer, Southampton comes into it because that's where Trethowans are based and thats where thay made the application for the claim.

 

My brother has contacted the court and been told that he must download a form from their website and send the form in to have the court changed to Liverpool County Court, they have also advised him that it will cost him £75 to do this.

 

The money is not recoverable - so it works out more expensive than paying the invoice in the first place.

 

I feel terrible about all this because I gave him the advice in the first place to just ignore the invoice,

but now one way or another it's going to cost him more than paying up.

 

I gave him that advice because that's what I have read on this forum.

 

The letter states that 17th January is for a prelinimary hearing, that is quite clear.

 

When he initially received the claim ,

he wrote back to the court on the defence form ;

stating that he could not enter a defence as there was not enough detail in the claim to do so.

 

However, he stated that he would be defending the matter.

 

He also requested the court to strike out the claim due to the fact that there was not enough detail. But the court wrote back with the preliminary hearing letter.

 

there we have it.

With whats happened to my brother I dont feel that I could advise people to ignore these invoices.

 

What say ye people.

 

Cheers - S.G.

[Surfer01]

If he challenges it there is no reasaon why he should not win with help from fellow caggers. He should then get all his money back and any other costs he incurred. He should file a defence without question becasue if he takes advcei from thsi site he will win!

[crem]

So why was the court location not changed to Liverpool in the first place when he filed his defence, and why do they say it will now cost to do the transfer?

[Al27]

I would write to court (or judge if one is named) with the following:

 

"The Defendant respectfully requests that the court Orders the Claimant to file better and further particulars in order for a comprehensive defence to be formulated and so that the case can proceed to the small claims track. A preliminary hearing in Southampton is not desirable for the Defendant, and it is requested that Civil Procedure Rule 27.6 (2) is considered:

 

2)When considering whether or not to hold a preliminary hearing, the court must have regard to the desirability of limiting the expense to the parties of attending court."