other Gladstones Letter Before Clain - SCOTLAND Home Bargains, Bathgate EH48 2RA

[ericsbrother]

I would always respond to a lba, even a badly written one from Gladdys.

A simple "I was not the driver and there is no keeper liability in this matter so stop telling lies about having the right to recover". should suffice. I would keep it as short as that so you dotn say anything that may help them.

Having sent that if they do go further they will generate an unreasonable behaviour costs order if they decide to ask their client to waste more money on this.

[ericsbrother]

use the quoted words, no more and no less.

 

They will then know that you arent so dumb as to fall for their rubbish demands and hopefullly it will be the end of the matter, if you add more it will encourage them to think that you might pay up if they tell a different lie and keep up their harassment

Edited February 18, 2019 by honeybee13
Paras, typos

[ericsbrother]

so you respond to  Gladdys and copy letter to parking co as they have to pay for Will and John's cock ups.

 

Dear sirs,

I am in receipt of your latter dated the 15th inst and note that despite being solicitors you do not seem to know that the POFA doesn't apply to Scotland. This surprises me  since you also run the IPC and  presumably are expected to have some knowledge of the law before you spout forth to your members on such matters.

 

just to make things clear, there is no liability to your client whatsoever and any claim will be robustly defended and a full costs recovery order sought as your conduct would palpably unreasonable by trying to exert a liability that you know  doesn't exist.

 

To save you wasting more ink, I deny being the driver at the time and  you  cannot make assumptions  or claims as to who was driving as you have fallen at that hurdle on many occasions before.

 

It may not stop them trying their luck but it will make it hard to persaude a judge they werent being unreasonable in trying to flog a dead horse and you the stand a good change of getting a decent amoutn for your time spent on this matter as costs.

 

The idea of sending a  copy to the parking co is so that they actually see it and can then decide whether this dog bites rather than just relying on Will and John's word that you wont