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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 17244
Experience:  Solicitor
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Possibly! I am look for a Letter before Claim

Customer Question

Possibly! I am look for a Letter before Claim Acknowledgement letter template. I have recieved a Letter before claim from Excel parking 2weeks ago It is unfounded - I used to run a pub whereby my comapny paid rent to the landlord who got Excel Parking to monitor the car park. The y were to issue the pub (and other units ) with permits. They never did promptly, the permits werre annual and would expire at the end of Dec. It would often be months into the new year before we got knew ones. My HO legal department contacted them about this (as we were paying for the spaces and permits) but this was nearly 4years ago,and neither Legal nor I have a historical record.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: This PCN was apparently awarded on 17 January 2016. Permits were not available, I know I did contact at the time via phone (because the parking warden knew our cars, knew we didnt have permits and would not ticket us, I was shocked when I got one, I parked there every day!) My understanding was that it was cancelled and I have thought nothing of it since. The letter claims they have tried to conact me, but I havenet had anything & this is 4years on!
JA: Where is the property located?
Customer: Unit 4, The Quadrant, Alcester street, Redditch, B98 6AE Thanks by the way for your help!!!
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, just that the fine total is £232.73 but I have not had any contact and am shocked to have recieved!
Submitted: 7 months ago.
Category: Law
Expert:  Jamie-Law replied 7 months ago.

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Expert:  Jamie-Law replied 7 months ago.

Have Court proceedings been issued?

Customer: replied 7 months ago.
No, I am only in recipet of one letter. It is the only one I have ever recieved and it is a 'Letter Before Claim'. It was dated 7/11/19, but i didnt recieve it until Sat 16th Nov. They advise in the letter that Court proceedings will start if the outstanding balance is not settled by 7th December 2019
Customer: replied 7 months ago.
Thank you very much for your help
Customer: replied 7 months ago.
Just to note, Excel Parking should have records of when they issue their permits. I feel getting them to check this is VERY relevent as they will find that they had not issued the permits to authorised businesses at the time my PCN was issued. Excel Parking however, state this in their Letter Before Claim to me that disputes will not be discussed over the telephone so this must be in wrtiting. I wanted to challenge this and request photographic proof also in my reply letter, ALONG with al the legal nesseceities. Hence me coming to you for help! I am not clear on all the Legalities!
Customer: replied 7 months ago.
I am incredibly worried about a CCJ because I have never had any problems with credit, I have an excellent creidt rating, and I feel this is so so wrong, just becuase I went to work and parked where I was entitled to - my pub never ever defaulted on making payment to Excel Parking via the the landlord (ownder of the land) yet I did did not recieve the service promised (in this case, permits!)
Expert:  Jamie-Law replied 7 months ago.

Ok, did you appeal?

Customer: replied 7 months ago.
No, I spoke to them on the phone in the first instance and was under the understanding it was cancelled as they acknowledged no permits. My HO Legal Daepartment also had discussuions, but as i say, no record has been kept as this was 4 years ago - we archive emails for 12months.
The fact I have heard nothing until now, also confirmed to me that it had been closed at the time
Customer: replied 7 months ago.
In fact, I think I may have emailed a formal appeal. Again, I don't think I have a record though...
Expert:  Jamie-Law replied 7 months ago.

Don’t worry about a ccj, they always use that as a threat. Even if it went to court and you lost, if you pay within a month the ccj is removed.

Never speak on phone. Have you gone to POPLA or anyone?

Customer: replied 7 months ago.
Hi again, just wondered what timescale I can expect some advice please?
Customer: replied 7 months ago.
Sorry, Ive just refreshed and seen your reply! Ok, thanks for info. I know a collegue who also had the same issue after being parked at the pub, and Excel Parking did suceed in giving her a CCJ! Hence my concern :(
Customer: replied 7 months ago.
I'm not sure who POPLA are - you are my first port of call after the letter I have recieved! Is his something I can look into?
Expert:  Jamie-Law replied 7 months ago.

Ok, you should appeal with the Company.

If that is refused then go to POPLA:

If that is rejected then you can still refuse to pay. They can then go to Court.

You can appeal to the Judge.

Even if you lose at Court any costs are fixed. If you pay within a month then any CCJ is cancelled.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 7 months ago.
Hi Jamie-Law, thanks very much for the advice. Good stuff to know! What I was looking for was a template appeal letter that contains all the info that as a civilian I would not know - more the legalities. I wanted something that would challenge all the grounds they are trying to charge me for and a guide that would professionally counteract thier case . Can you please help here or point me in the right direction of where I can find one? I have done a simple google search and all the templates available are just for appealing the PCN in the first instance. I obviously dont have the PCN because I thought it was cancelled 4years ago! What I need now is an appeal to the Letter Before Claim. Please can you advise? Thanks very much again
Expert:  Jamie-Law replied 7 months ago.

No need to appeal letter before claim.

It not something which needs to be appealed.

Does that clarify?