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    • I've just had a "Letter of Claim" via email: Dear XXX, Letter of Claim Our Client: Total Parking Solutions Limited Our Reference: XXX PCN Reference: XXX Vehicle Registration: Contravention Description: The Vehicle Exceeded The Maximum Stay Time Contravention Location: Brighton Road Retail Park Redhill Date of Contravention: 18 January 2017 Balance Due: £124.00 We have been instructed by Total Parking Solutions Limited to commence legal action against you in respect of the above unpaid parking charge, by issuing a Claim against you in the County Court without further notice, if no payment or response is received before 20 October 2021. If you dispute this debt, please tell us why so that we can help resolve this matter. Estimated Claim Such legal action may result in you being liable for Court fees, solicitors’ costs and statutory interest which are estimated below.   Principal Debt + Debt Recovery Costs £124.00 Estimated Interest £46.34 Estimate Court Fees £35.00 Estimated Solicitors' Costs £50.00 Estimated Total £255.34 What we have sent you What you will receive in the post are the following: Information Sheet: a sheet explaining what to do next, including how to avoid Court actions. Reply Form: a form to complete and return containing four sections. Income and Expenditure Form: a form to complete and return to outline your finacial circumstances. What you need to do now Payment of £124.00 or your reasons for non-payment are required by 20 October 2021 to avoid the above legal action. If you are unable to pay the balance in full, our client is willing to enter into a payment arrangement which is affordable for you taking into account your financial circumstances. We wish to remind you that in a final effort to avoid the need for litigation, our client is willing to offer you the option of paying the balance via an affordable repayment plan. We have pre-approved a monthly instalment amount of £15.00 which has been recommended considering your estimated disposable income. If you wish to take advantage of this offer, or if you cannot afford this amount, please contact us using the details in the "How to get in touch" section below. Please note that this offer expires on 20 October 2021, after which time your case will be considered for litigation for the full current balance. How to get in touch Online Manage your account at www.bwlegal.co.uk. You can upload your completed reply form and provide your income and expenditure details online. You can also make a payment, set up an affordable payment arrangement and speak to us by webchat. Speak to us or email us Call us today on 0113 487 0430 or email us at [email protected] to discuss this matter with one of our helpful team. By post Complete and return the Reply Form to us at the address at the foot of the letter you will shortly receive from us by 20 October 2021. Pre-action Protocol for Debt Claims This email is being sent to you in accordance with the Civil Procedure Rules Pre-Action Protocol for Debt Claims, a link to which is contained on the foot of the information sheet will you will receive shortly in the post. In particular, we refer you to paragraph 7, which sets out the expectations of the Court in terms of complying with the Protocol. Particulars of debt On 18 January 2017, you were granted a limited contractual licence to enter the land known as Brighton Road Retail Park Redhill ("Site"), which is managed and operated by our client. In return, you were to abide by certain terms and conditions ("Terms and Conditions") which were prominently displayed on the signage erected in situ by our client. On 18 January 2017, you breached the Terms and Conditions - reason: The Vehicle Exceeded The Maximum Stay Time ("Breach"). The Breach resulted in our client issuing a Parking Charge Notice (`PCN`) on 06/02/2017 which, despite our client's attempts to engage with you and agree a suitable payment arrangement, remains unpaid. Statement of account The following summary statement shows the transactions applied to your account since the PCN was issued by our client:   Statement for the period: 18 January 2017 to 20 September 2021   Principal Debt £70.00 Total Payments £0.00 Total Adjustments £0.00 Total Interests £0.00 Total Debt Recovery Costs £54.00 Current Balance £124.00 Our client’s entitlement to the total debt recovery costs referred to in the table above is expressed in the Terms and Conditions, which you accepted upon entering the Site. Such costs are recoverable in any event under the relevant Parking Code(s) of Practice. Warning of court proceedings If payment or a response is not received from you by 20 October 2021 we are instructed to issue a County Court claim without further reference to you, together with applying the interest, fees and costs highlighted above. If payment or a response is not received following a County Court claim, a County Court Judgment ("CCJ") may be entered against you. If a CCJ were to be entered, it would be recorded on your credit file for 6 years unless you pay the Judgment debt in full within a month of the CCJ being entered. A CCJ on your credit file may affect your ability to obtain future credit. If a CCJ were to be entered and you were to fail to comply with the CCJ order, we may apply to the County Court to take further enforcement action which you would be notified of separately. We look forward to hearing from you Our helpful team would like to work with you to reach a solution without the need for Court proceedings to be issued and it is therefore important that you get in touch before 20 October 2021. Yours sincerely, BW Legal bw legal N.B. To opt out of email communication from BW Legal please reply to this email quoting reference "XXX" BW Legal Registered Office: Enterprise House, Apex View, Leeds, West Yorkshire, LS11 9BH T: 0113 487 0430 F: 0333 370 0107 DX 716921 Leeds 39 BW Legal is a trading style of BW Legal Services Limited which is a company registered in England and Wales under Company Registration No: 07966978 Authorised and Regulated by the Solicitors Regulatory Authority under No: 569773 Authorised and Regulated by the Financial Conduct Authority in respect of consumer debt collection under Reg No: 619068 VAT Registration No: 971 8540 92  
    • Is there a bit of your post missing, UB or have I missed something subtle?   It will be interesting to see what happens about the timing of the next election. You're predicting a bit earlier than a lot of the commentators who are talking about 2023 at the moment.
    • I suspect that the US have told UK, that there will be no trade deal on the table for years and that the US wants to see the  UK fully implementing the Brexit agreement with the EU including the Northern Ireland protocol.   US has always strongly supported Ireland and they won't sign trade deals with UK, while the UK is acting in a way that looks like they cannot be trusted.   Get ready for a UK general election in 2022, as Boris may decide to take the risk to go early, rather than wait until 2023 or 2024, as by then the situation could be a lot worse. Could you imagine getting to 2024 with no trade deals that are in UK interests, no Brexit dividends and tax increases.   Boris Johnson dampens hope of signing US trade agreement any time soon | Daily Mail Online WWW.DAILYMAIL.CO.UK Speaking ahead of his first White House summit today, Mr Johnson said a number of longstanding trade issues had been resolved, such...  
    • On the residential Point, there is caselaw to support the contention that a guest can be given the parking right by the resident raed these links, and keep for later if required   Parking Prankster: UKPC lose residential case. Tenant can derogate parking rights to visitors. PARKING-PRANKSTER.BLOGSPOT.COM C8HW2E9Q – UKPC v Miss C, Reading 12/07/2017 before District Judge Harrison Claimant represented by Andrew Gibbs-Ripley, solicitor instruc... Parking Prankster: UKPC lose residential case. Will victim get costs before UKPC are wound up? PARKING-PRANKSTER.BLOGSPOT.COM C8HW3P0T – UKPC v Miss B, before District Judge Jones. 12/05/2017 UKPC were represented by Mr Elfer (not a practicing solicitor or a regul...     Incidentally team, with regard to Residential Parking I phoned VCS regarding Courier deliveries to apartment blocks they infest, they assured me that a van with DPD, Yodel etc would be invoiced if it had no permit and drivers should apply for a permit to allow therm to deliver difficulty would be car couriers for Hermes and Yodel . Call was recorded.  They also said by inference the postman's red post office van would also be invoiced but that the driver should appeal.......  Obviously y they would fall down in Court with Homeguard V Jopson, but Simon is greedy enough to try.
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Direct tiles Warehouse - Faulty Tiles - Claim Issued


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Yes...but would look more professional with headers......Claimant v Defendant ...Court Name....and intro.....

 

In response to the DJ XXXXXX General Order dated xxxxx   please find attached statement of costs particularised.

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No claim number and how do you intend to sign the SoT on a email ? You could email it to the court but I would also follow it with a posted hard copy.

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Okay.....

 

Can you not prepare a separate document without all the Networkrail gunf...and attach it to your email....its your claim and you have put all the effort in so far...why risk your claim being struck out for the sake of putting some effort into the presentation?

 

And does your court accept electronic submission

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It would be preferable...no short cuts in litigation and using an IPad is as useful as a bucket with a hole in it in litigation :biggrin1:

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  • 5 weeks later...

Had this from the court today with a form to fill with my contact details. Ignore the 1st paragraph as they've made a mistake and have received all relevant paperwork. Is this the actual hearing do you think??. Thanks.

28.pdf

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What was the Order of the 30th Jan 2021 they state you have not complied with ?

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They made a typo error with that date and have received all paperwork needed. I've been in contact with the clerk of the court and have email proof. Thanks

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Directions hearing.....you need to follow the instructions by date.

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Hi i missed the back page which i've attached.

 

It mentions that reasons to NOT want a remote hearing. As a lot of my case is physical evidence would i be better asking to go to court for the judge to view the evidence first hand?. Thanks.

 

 

today 2.pdf

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When you say that it is "physical evidence" – what do you mean? You mean that people are going to be there in person? Videos?

If you are simply referring to documents then you will certainly have to disclose all of your documents in advance but that probably wouldn't mean that you would need face-to-face hearing.

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The actual seeing in person of the damaged tiles under eyeglass inspection how a good tile should look and how it would be impossible to spot the issues under normal inspection. Would it be better for me for the judge to see in person these issues?. Thanks.

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I think that a judge would want this assessed by somebody in the business – possibly an expert.

If you could get a couple of competent very experienced – independent people to examine the tiles and to give their written reports then that would probably be very helpful. I don't think a judge would be prepared to look and to give his/her opinion because the judge very properly would say that they are not an expert and they are not qualified to do this

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And have they reported specifically on the tiles and the fact that it wouldn't be immediately visible – in the way you have said?

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That looks like a pretty competent report. If you have a second one of the same quality then I certainly don't think that you need to worry about having a remote hearing.

I'm trying to think whether tactically it would be a good idea to give the other side advance notice of this report so they can comment.

Anyway, as I've said, the judge won't agree to carry out their own inspection of the tiles because they will consider that they're not qualified and they will want to rely on expert testimony.

Just accept a remote hearing.

Don't forget that you will have do disclose all the documents that you intend to rely upon 21 days before the date of the hearing. You should be looking at the advice we give on organising your court bundle.

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this remote hearing on June the 16th is just to see the next steps forward by the judge?. The other report is of same quality.

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Yes its to set directions on how the claim will proceed.....if you still have concerns for the main hearing possibly inform the judge that the main hearing may require attendance and face to face....due to the nature of the claim.

 

Andy

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No i'll follow your advice and tell the judge on the day my concerns and but ive pictorial and reported evidence to view. Thanks and have a good bank holiday.

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  • 2 weeks later...

Received this today from the other side. I neglected to send the revised statement to the other side but the judge received his copy. Its the same total as they've received in the past.june14 copy.pdf

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It's certainly unhelpful that you don't follow the instructions contained in an order.

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