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FightBack Forums _ Private Parking Tickets & Clamping _ PayMyPCN Appeal Rejected

Posted by: MHU Tue, 5 Dec 2017 - 13:10
Post #1337244

Hi

I want to know what my next steps on this are

I go to the Blackburn with Dawen Council Gym everyday, but the parking is shared with the college and can only be used after 4.30PM by Gym Members.

I parked my vehicle on a tarmacked area which had no bays, or road markings or sign posts near that area that says you cannot park here and that you must be parked in a bay. I was given a Parking Charge Notice for this and i could pay the £60 (£100 after 14days) via www.paymypcn.net

I appealed on the grounds that i parked after 4.30pm, there are no road markings (red or yellow lines or hatched areas) and there is no sign there either.

The Appeal was rejected but does not say why. If i login to paymypcn it just says Appeal Rejected - Pending, and i have had no further contact.

Do i just ignore now? Or go to the IAS as that is the next steps on the parking charge notice if i disagree with the outcome?

secondly .. just yesterday, i was parked in a bay, shortly after 4.30pm, and i have been given another ticket at 4.56pm saying no valid permit displayed ... Funnily enough though the ticket is printed at 4.56 but the paper sheet the ticket has been put in says 4.20pm!

What would you suggest on that one?

Thanks

Posted by: stamfordman Tue, 5 Dec 2017 - 13:14
Post #1337246

This is a private parking PCN - have asked to be moved to private forum.

Posted by: nosferatu1001 Tue, 5 Dec 2017 - 14:01
Post #1337265

Its VCS / Excel essentially, so once you appeal, you ignore (dont throw away, ignore) anything bar a letter before claim or claim form

Try asking the gym to cancel. Especially the one time at 450....

Posted by: MHU Tue, 5 Dec 2017 - 14:35
Post #1337280

QUOTE (nosferatu1001 @ Tue, 5 Dec 2017 - 14:01) *
Its VCS / Excel essentially, so once you appeal, you ignore (dont throw away, ignore) anything bar a letter before claim or claim form

Try asking the gym to cancel. Especially the one time at 450....



what do you mean VCS/Excel?

So as i have not had an email saying why it got rejected, i just ignore it? When i get a letter saying pay up i can just ignore it?
Do i not need to go to the IAS?


Posted by: nosferatu1001 Tue, 5 Dec 2017 - 14:38
Post #1337281

The company behind paymypcn or whoever, unless Im getting them mixe up

No, you do not appeal to the IAS. FIVE MINUTES of really obvious searching would have shown you they are a bunch of [edited]. Over 83% of appeals are turned down.

Posted by: MHU Tue, 5 Dec 2017 - 14:47
Post #1337285

QUOTE (nosferatu1001 @ Tue, 5 Dec 2017 - 14:38) *
The company behind paymypcn or whoever, unless Im getting them mixe up

No, you do not appeal to the IAS. FIVE MINUTES of really obvious searching would have shown you they are a bunch of [edited]. Over 83% of appeals are turned down.



Yeah just did some googling and found that out

i guess i play the ignore game now, assuming no bailiffs will turn up and they wont go to court

Alternatively can i not just email/write to them and say i reject your decision and agree to go to court, please do not contact me unless it is with a court date?

Will that stop the letters and harassment

Posted by: ostell Tue, 5 Dec 2017 - 15:14
Post #1337291

The bailiffs can't turn up as it hasn't been to court. Just sit on hands until a letter before claim comes along, if it ever does. In the meantime take some photos of the signs for later use just in case.

Posted by: MHU Tue, 5 Dec 2017 - 15:19
Post #1337292

QUOTE (ostell @ Tue, 5 Dec 2017 - 15:14) *
The bailiffs can't turn up as it hasn't been to court. Just sit on hands until a letter before claim comes along, if it ever does. In the meantime take some photos of the signs for later use just in case.



sorry, what will letter before claim be about?

There is no sign in that area saying i must be parked in bays .. the signs are in other parts of the car park.


What about the 4.56pm ticket, just ignore that too? as i parked after 4.30 and was parked in a bay

Posted by: ostell Tue, 5 Dec 2017 - 15:40
Post #1337297

Letter before Claim if they decide to go to court.

Posted by: SchoolRunMum Tue, 5 Dec 2017 - 16:23
Post #1337306

IPC member firms are all the same. DO NOT try IAS and DO NOT panic and pay it. We know what we are doing.

If you get a LBC or a claim form in 2018 then come back and we can assist with your defence, which is a fairer hearing than IAS has been shown to be:

http://parking-prankster.blogspot.co.uk/2017/11/ipc-kangaroo-court-strikes-again.html

http://parking-prankster.blogspot.co.uk/2016/01/is-independent-appeal-service-kangaroo.html

On this forum and MSE, almost every poster wins a fully-coached, well-defended case. NOT a reason to pay this bunch of ex-clampers.

Posted by: MHU Tue, 5 Dec 2017 - 16:41
Post #1337311

QUOTE (SchoolRunMum @ Tue, 5 Dec 2017 - 16:23) *
IPC member firms are all the same. DO NOT try IAS and DO NOT panic and pay it. We know what we are doing.

If you get a LBC or a claim form in 2018 then come back and we can assist with your defence, which is a fairer hearing than IAS has been shown to be:

http://parking-prankster.blogspot.co.uk/2017/11/ipc-kangaroo-court-strikes-again.html

http://parking-prankster.blogspot.co.uk/2016/01/is-independent-appeal-service-kangaroo.html

On this forum and MSE, almost every poster wins a fully-coached, well-defended case. NOT a reason to pay this bunch of ex-clampers.



ok great thanks, i guess i will just ignore both now.
I thought i would get a reason to why the appeal was rejected but did not get that either ..

Posted by: SchoolRunMum Tue, 5 Dec 2017 - 17:08
Post #1337315

There was no reason, no-one actually read your appeal. Computer says no.

Posted by: Dennis Basher Tue, 5 Dec 2017 - 17:17
Post #1337319

VCS / Excel are the "brains" behind the "myparkingcharge" website. I think the "PayMyPCN" website serves a range of IPC bottom feeders including PCM UK Ltd. Either way, these companies all have a nerve implying that it is somehow "your" PCN / Parking Charge.

The name of the company should be on the original "ticket" - from this you can gauge the likelihood of this ever going to court.


Posted by: MHU Wed, 6 Dec 2017 - 13:27
Post #1337533

So i checked the ticket and can not see a company name on it .. weird!

This is the signpost which is up around the carpark though (not where i parked)



In relation to the second charge, i parked here after 4.30pm anyway.
I did have a green slip stuck ON the parking charge notice, which said i need to move the car in 20mins ... this had a time of .4.20PM but my ticket was printed at 4.56 ..

Posted by: cabbyman Wed, 6 Dec 2017 - 14:13
Post #1337543

That sign is unreadable. Host at TinyPic and post the [IMG] tag on here.

Posted by: MHU Wed, 6 Dec 2017 - 14:30
Post #1337549

QUOTE (cabbyman @ Wed, 6 Dec 2017 - 14:13) *
That sign is unreadable. Host at TinyPic and post the [IMG] tag on here.




Posted by: ostell Wed, 6 Dec 2017 - 14:32
Post #1337551

So the ticket has no name on it? So you don't know who the invoice is from and therefore unable to pay it?

So that is a prohibiting sign. Parking is only allowed for ....... there is no offer to park for others. If there is no offer then there can be no contract and therefore no breach. And that's besides the time things. Bring up the fact that there are no bays and therfore any alleged conditions cannot be followed.

Posted by: Dennis Basher Wed, 6 Dec 2017 - 14:43
Post #1337554

According to the signs, you're dealing with PCN NW Ltd - find out more about them here:

https://bmpa.zendesk.com/hc/en-us/articles/203549882-PCN-NW-Ltd

Posted by: MHU Wed, 6 Dec 2017 - 15:11
Post #1337560

QUOTE (ostell @ Wed, 6 Dec 2017 - 14:32) *
So the ticket has no name on it? So you don't know who the invoice is from and therefore unable to pay it?

So that is a prohibiting sign. Parking is only allowed for ....... there is no offer to park for others. If there is no offer then there can be no contract and therefore no breach. And that's besides the time things. Bring up the fact that there are no bays and therfore any alleged conditions cannot be followed.



There are bays, but just not in the area where i parked .. but there is no sign in that area to say you can not park here either .. so it is not clear parking is prohibited there

The thing is both appeals got rejected more or less straightaway, and i have not had any email communication from them

I am being advised above to just ignore it, i am just worried about it .. do i just ignore or send a letter or email saying i am not paying for these reasons, only contact me if you want to see me in court

QUOTE (Dennis Basher @ Wed, 6 Dec 2017 - 14:43) *
According to the signs, you're dealing with PCN NW Ltd - find out more about them here:

https://bmpa.zendesk.com/hc/en-us/articles/203549882-PCN-NW-Ltd


This advised to write to them saying make your claim in court

shall i go with that route?
or ignore

many thanks to all

Posted by: ostell Wed, 6 Dec 2017 - 15:42
Post #1337572

Ignore, see what happens next

As this is a council Gym could the land there actually belong to the council? It's worth a check with your council.

Posted by: MHU Wed, 6 Dec 2017 - 15:57
Post #1337575

QUOTE (ostell @ Wed, 6 Dec 2017 - 15:42) *
Ignore, see what happens next

As this is a council Gym could the land there actually belong to the council? It's worth a check with your council.



I asked the Gym Manager, who said the car park is monitored privately but nothing about the land being council or not, I will try and find out.
I think it could be private, as the car park is the college's car park

Posted by: ostell Wed, 6 Dec 2017 - 16:19
Post #1337584

But it could still belong to the council and as such different rules may apply. As well as asking generally about the area ask if there is a PPO (Parking Places Order) in existence on the land.

Posted by: SchoolRunMum Wed, 6 Dec 2017 - 18:00
Post #1337633

QUOTE
I am being advised above to just ignore it, i am just worried about it .. do i just ignore or send a letter or email saying i am not paying for these reasons, only contact me if you want to see me in court


Ignore, or write just as the BMPA told you. No need to be worried, we've all ignored stupid debt threatograms from a PPC in our time.

Posted by: MHU Fri, 8 Dec 2017 - 10:14
Post #1338070

QUOTE (SchoolRunMum @ Wed, 6 Dec 2017 - 18:00) *
QUOTE
I am being advised above to just ignore it, i am just worried about it .. do i just ignore or send a letter or email saying i am not paying for these reasons, only contact me if you want to see me in court


Ignore, or write just as the BMPA told you. No need to be worried, we've all ignored stupid debt threatograms from a PPC in our time.


who is BMPA? sorry

so just had an email from them about my appeal, which i logged before finding this forum

Thank you for your appeal against the above Parking Charge Notice ('PCN') which has been carefully considered, however,
on this occasion,the appeal has been rejected for the reason(s) detailed below.
Your vehicle was observed as not parked in a marked parking bay and you have therefore breached the displayed terms and
conditions of parking, notice of which is served by way of large contractual warning signs which are displayed at prominent
places throughout this private car park.
Please note that you can visit our website; www.paymypcn.net whereby you can review photographs of this parking event. You
will note from these images that your vehicle was not parked in a marked parking space.
You have now reached the end of our internal appeals procedure and you now have two options:
* You can pay the total amount due of £60.00 within 14 days (see reverse of letter for payment options).
* You can appeal to the Independent Appeals Service (IAS) if you believe this decision is incorrect
In order to appeal the IAS will need your PCN number, vehicle registration and the date the charge was originally issued.
The IAS (www.theIAS.org) provides an Alternative Dispute Resolution scheme for disputes of this type. As you have
complied with our internal appeals procedure, you may use and we will engage with, the IAS Standard Appeals Service
providing you lodge an appeal to them within 21 days of this rejection.




Posted by: nosferatu1001 Fri, 8 Dec 2017 - 10:58
Post #1338088

Did you even try google?....

Youre on "ignore" now.

Posted by: MHU Fri, 8 Dec 2017 - 11:22
Post #1338098

QUOTE (nosferatu1001 @ Fri, 8 Dec 2017 - 10:58) *
Did you even try google?....

Youre on "ignore" now.



Yes, i did after sending that ha! found some good information on there too smile.gif

I guess i play the waiting game now, i am assuming bailiffs can not turn upto my door?

Posted by: nosferatu1001 Fri, 8 Dec 2017 - 12:41
Post #1338132

Hell to the no
Bailiffs can only happen when you have a CCJ and yo dont pay it. That means court
Debt collectors can only send lettters with a waste of red ink on.

Posted by: MHU Mon, 11 Dec 2017 - 09:22
Post #1338729

I got this back from BMPA

Hi

Thanks for the mail. It is important to have those pics of the signs and the car park to show any court (if it goes that far) that you could not have entered into a contract with PCN (NW)

You should write back to PCN (NW) and tell them you disagree with their claims as it is apparent to any reasonable person, there is no basis for it. Every time they or any "debt collector" writes send the same letter back and get proof you have challenged PCN (NW). Whether you go as far as inviting them to take you to court, is your choice as if they did, you'd have to deal with it.

Regards
BMPA Support:



Posted by: hcandersen Mon, 11 Dec 2017 - 10:28
Post #1338752

You go to the gym every day.

You have therefore had time to investigate their claim regarding the clarity, content and distribution of signs.

You have not posted anything here, so how could we judge or advise regarding whether any enforceable breach occurred.

Call me Mr. Picky, or similar, but I like to start at this point.

Posted by: MHU Mon, 11 Dec 2017 - 11:07
Post #1338759

QUOTE (hcandersen @ Mon, 11 Dec 2017 - 10:28) *
You go to the gym every day.

You have therefore had time to investigate their claim regarding the clarity, content and distribution of signs.

You have not posted anything here, so how could we judge or advise regarding whether any enforceable breach occurred.

Call me Mr. Picky, or similar, but I like to start at this point.



i have posted the sign, the PCN reason, my appeal, what else do you want me to post here?

I have said there is no sign, lines in that area where i parked ..but there is on other parts of the car park
Also said you can park after 4.30PM for Gym use ..


Posted by: ostell Mon, 11 Dec 2017 - 12:30
Post #1338792

Checked on https://www.google.com/maps/d/viewer?mid=1q9FXZ09WIZjop3QzvnLwHEkKOZs&msa=0&gl=uk&hl=en&ie=UTF8&t=m&ll=53.69579200000002%2C-2.4703680000000077&spn=0.004447%2C0.013304&z=16&source=embed and that car park gets a mention. It could, therefore, be council owned with a Parking Places Order on it and therefore not relevant land for the purpose of POFA and the keeper cannot be held liable.

Contact the council and find out the true status of this land, Council Owned, Parking Place Order etc.

Posted by: MHU Tue, 12 Dec 2017 - 11:14
Post #1339073

I am thinking of sending this reply for the not parked in bay ticket:

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. There are no signs present in the area where I was parked, and your unremarkable and obscure signs in other parts of the car park were not seen by the driver, are in very small print and the terms are not readable to drivers.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

Do not send debt collector letters and do not add any costs, which would be a thinly-veiled attempt at 'double recovery'. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,


and this for the one saying i parked there before 4.30

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

The leisure centre allows its members to park in the car park after 16.30, and this vehicle was parked there after 16.30. Your notice of the vehicle being parked at 16.20 is incorrect.
Please provide full photographic or video evidence with time stamps of this vehicle being parked in the car park before 16.30

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

Do not send debt collector letters and do not add any costs, which would be a thinly-veiled attempt at 'double recovery'. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,



Do these seem sufficient to send?

Posted by: SchoolRunMum Tue, 12 Dec 2017 - 19:21
Post #1339204

That'll do.

Posted by: MHU Wed, 13 Dec 2017 - 09:09
Post #1339308

QUOTE (SchoolRunMum @ Tue, 12 Dec 2017 - 19:21) *
That'll do.


Thank you

Posted by: ostell Wed, 13 Dec 2017 - 09:15
Post #1339312

Have you contacted the council yet ?? If it is council land they cannot claim at all against the keeper.

Posted by: MHU Wed, 13 Dec 2017 - 11:14
Post #1339340

Letters posted, with signed for delivery ..

waiting game now

Posted by: nosferatu1001 Wed, 13 Dec 2017 - 11:50
Post #1339354

No!

Noone said to use signed for

ALWAYS first clas with FREE proof of posting

It is deemed dleivered 2 days later

They can reject signed for and then you have *proof* it wasnt delivered, meaning it was never serrved on them.

Posted by: MHU Wed, 13 Dec 2017 - 12:07
Post #1339366

QUOTE (nosferatu1001 @ Wed, 13 Dec 2017 - 11:50) *
No!

Noone said to use signed for

ALWAYS first clas with FREE proof of posting

It is deemed dleivered 2 days later

They can reject signed for and then you have *proof* it wasnt delivered, meaning it was never serrved on them.



Ok, i can change to that as i am sending from work and it leaves at 4pm

QUOTE (nosferatu1001 @ Wed, 13 Dec 2017 - 11:50) *
No!

Noone said to use signed for

ALWAYS first clas with FREE proof of posting

It is deemed dleivered 2 days later

They can reject signed for and then you have *proof* it wasnt delivered, meaning it was never serrved on them.



Thanks for letting me know

Posted by: Steve_999 Wed, 13 Dec 2017 - 12:13
Post #1339369

QUOTE (MHU @ Wed, 13 Dec 2017 - 12:07) *
QUOTE (nosferatu1001 @ Wed, 13 Dec 2017 - 11:50) *
No!

Noone said to use signed for

ALWAYS first clas with FREE proof of posting

It is deemed dleivered 2 days later

They can reject signed for and then you have *proof* it wasnt delivered, meaning it was never serrved on them.



Ok, i can change to that as i am sending from work and it leaves at 4pm

QUOTE (nosferatu1001 @ Wed, 13 Dec 2017 - 11:50) *
No!

Noone said to use signed for

ALWAYS first clas with FREE proof of posting

It is deemed dleivered 2 days later

They can reject signed for and then you have *proof* it wasnt delivered, meaning it was never serrved on them.



Thanks for letting me know



Just pop into a Post Office and pass it over the counter, requesting a certificate of posting (free),

You won't be able to get a certificate if you post it out via your work mailroom I suspect.

Posted by: MHU Wed, 13 Dec 2017 - 14:23
Post #1339414

QUOTE (Steve_999 @ Wed, 13 Dec 2017 - 12:13) *
QUOTE (MHU @ Wed, 13 Dec 2017 - 12:07) *
QUOTE (nosferatu1001 @ Wed, 13 Dec 2017 - 11:50) *
No!

Noone said to use signed for

ALWAYS first clas with FREE proof of posting

It is deemed dleivered 2 days later

They can reject signed for and then you have *proof* it wasnt delivered, meaning it was never serrved on them.



Ok, i can change to that as i am sending from work and it leaves at 4pm

QUOTE (nosferatu1001 @ Wed, 13 Dec 2017 - 11:50) *
No!

Noone said to use signed for

ALWAYS first clas with FREE proof of posting

It is deemed dleivered 2 days later

They can reject signed for and then you have *proof* it wasnt delivered, meaning it was never serrved on them.



Thanks for letting me know



Just pop into a Post Office and pass it over the counter, requesting a certificate of posting (free),

You won't be able to get a certificate if you post it out via your work mailroom I suspect.


ok, i will do that
thanks

Posted by: Churchmouse Wed, 13 Dec 2017 - 18:50
Post #1339517

QUOTE (ostell @ Wed, 6 Dec 2017 - 14:32) *
So the ticket has no name on it? So you don't know who the invoice is from and therefore unable to pay it?

So that is a prohibiting sign. Parking is only allowed for ....... there is no offer to park for others. If there is no offer then there can be no contract and therefore no breach. And that's besides the time things. Bring up the fact that there are no bays and therfore any alleged conditions cannot be followed.

Not necessarily. The "forbidding" term could be construed as applying only prior to 16:30, M-F. The other term, relating to parking within a bay, is contained in a separate sentence, and so could be read as applying to anyone, at any time. There is no absolute necessity for the two terms to be read together in the way you are suggesting. The OP could argue that this makes the contract's terms ambiguous, but a court would have to agree; it is not a slam-dunk.

For the "not within a bay" PCN, the most relevant (non-procedural) argument may be related to the exact placement of the signs that the PPC has alleged adequately conveyed the terms of the contract offered to the OP. The OP says that there were no signs in that area, but without a detailed site map showing the location of all of the signs (and their content) it is impossible to know if this argument would likely prevail in court.

For the "prior to 4:30" PCN, if the paperwork contains both times (4:20 and 4:56), it is difficult to see how even the IPC could fail to allow an appeal, but it's still best not to give them any new incompetence targets.

--Churchmouse

Posted by: MHU Fri, 12 Jan 2018 - 20:39
Post #1346605

Hello

So today i received a letter from UCS - Ultimate Customer Solutions

Letter attached

I have proof of posting certificate, but had no response from PCN, just got the letter

GOt a letter for both charges

How do i proceed

 

Posted by: Churchmouse Sat, 13 Jan 2018 - 12:19
Post #1346733

QUOTE (MHU @ Fri, 12 Jan 2018 - 20:39) *
Hello

So today i received a letter from UCS - Ultimate Customer Solutions

Letter attached

I have proof of posting certificate, but had no response from PCN, just got the letter

GOt a letter for both charges

How do i proceed

It is a letter from a debt collector. They can do nothing but beg you for money. If their begging letters fail to acquire your money, they don't get paid, so they are likely to keep sending letters for a while (despite the 14 day "deadline").

--Churchmouse

Posted by: MHU Sat, 13 Jan 2018 - 16:18
Post #1346790

QUOTE (Churchmouse @ Sat, 13 Jan 2018 - 12:19) *
QUOTE (MHU @ Fri, 12 Jan 2018 - 20:39) *
Hello

So today i received a letter from UCS - Ultimate Customer Solutions

Letter attached

I have proof of posting certificate, but had no response from PCN, just got the letter

GOt a letter for both charges

How do i proceed

It is a letter from a debt collector. They can do nothing but beg you for money. If their begging letters fail to acquire your money, they don't get paid, so they are likely to keep sending letters for a while (despite the 14 day "deadline").

--Churchmouse



So do i just ignore? or write back?
Do Bailiffs get involved?
Court proceedings?



Posted by: cabbyman Sat, 13 Jan 2018 - 20:17
Post #1346849

Ignore the debt collectors.

No bailiffs will call.

Come back here if you get a letter before action/claim or a court claim.

Posted by: nosferatu1001 Mon, 15 Jan 2018 - 07:51
Post #1347132

debt collectors have ZERO powers. none.

Posted by: MHU Mon, 15 Jan 2018 - 20:33
Post #1347385

So it i safe to just keep ignoring the letters

Posted by: nosferatu1001 Mon, 15 Jan 2018 - 20:39
Post #1347387

From debt collectors, yes.

Posted by: MHU Sat, 3 Feb 2018 - 09:52
Post #1353509

Hello

Yesterday i received this letter

Please advise how i should proceed?

Many Thanks in advance

 

Posted by: ostell Sat, 3 Feb 2018 - 10:05
Post #1353514

It's another debt collector's letter. Note the "May instruct us"

Posted by: MHU Sat, 3 Feb 2018 - 10:15
Post #1353520

Looks like the same company using a different name...

Posted by: Redivi Sat, 3 Feb 2018 - 11:39
Post #1353542

CSB is a genuine solicitor but it's open to question who has employed them if payment has to be made to UCS

At the moment it's just another debt collector letter and, unlike a Letter Before Claim, can be ignored

There's a history of debt collectors writing to targets on solicitor notepaper
You could therefore, as an alternative, send a copy of the letter to CSB and ask them to confirm :

1 Is the letter genuine ?
2 If so, who has employed them ?
3 Has PCN NW paid the additional sum to UCS and, if not, what is the basis of the increased amount ?

Point out that, for the avoidance of doubt, you deny the existence of any debt

Remove the picture of that letter and repost it with the PCN reference and location removed
Parking companies monitor this forum and, if they recognise the case, will use in court any useful information or admissions that they find

Posted by: MHU Sun, 4 Feb 2018 - 21:02
Post #1354097

QUOTE (Redivi @ Sat, 3 Feb 2018 - 11:39) *
CSB is a genuine solicitor but it's open to question who has employed them if payment has to be made to UCS

At the moment it's just another debt collector letter and, unlike a Letter Before Claim, can be ignored

There's a history of debt collectors writing to targets on solicitor notepaper
You could therefore, as an alternative, send a copy of the letter to CSB and ask them to confirm :

1 Is the letter genuine ?
2 If so, who has employed them ?
3 Has PCN NW paid the additional sum to UCS and, if not, what is the basis of the increased amount ?

Point out that, for the avoidance of doubt, you deny the existence of any debt

Remove the picture of that letter and repost it with the PCN reference and location removed
Parking companies monitor this forum and, if they recognise the case, will use in court any useful information or admissions that they find


I have removed and edited and reposted the letter as advised

The letter has come in the same envelope and Return address on the envelope

Shall i send the below:

Parking Charge Notice: 12345678
To whom it may concern,
I was initially contacted by UCS for a parking charge notice, which for the avoidance of doubt, I deny any existence of debt.
I have received a letter from CSB Solicitors dated 30th January, I wanted to enquire if this letter is genuine, if so, who has employed you to contact me? Also has PCN NW paid the additional sum to UCS and if not then what is the reason for the additional cost.
If the letter is not genuine then please be aware that your company is being used without your permission

Kind Regards


Posted by: MHU Sun, 4 Feb 2018 - 21:57
Post #1354114

Also, do i send the letter as Signed for, or just proof of posting certificate?

Posted by: Redivi Mon, 5 Feb 2018 - 00:10
Post #1354146

Parking Charge Notice: 12345678

To whom it may concern,

I was initially contacted by PCN (NW) Ltd and subsequently Ultimate Customer Solutions regarding a parking charge notice
For the avoidance of doubt, I deny any existence of debt.

I have received the enclosed letter from CSB Solicitors dated 30th January
I wanted to enquire if this letter is genuine and, if so, who has employed you to contact me?
Also has PCN NW paid the additional sum to UCS and if not then what is the reason for the additional cost ?

If the letter is not genuine, it would appear that your company letterhead has been misused
In the absence of a reply, I will assume that the letter is counterfeit and should be ignored

Kind Regards


Free proof of posting
A letter posted First Class is deemed delivered two business days later unless CSB can prove it wasn't
Recorded delivery letters can be refused

Posted by: MHU Mon, 5 Feb 2018 - 14:41
Post #1354275

Great thanks, i will get this sent off tomorrow

Assuming i should enclose the original letter and not a copy

Posted by: ostell Mon, 5 Feb 2018 - 14:44
Post #1354278

NEVER SEND ORIGINALS

Posted by: MHU Mon, 5 Feb 2018 - 15:22
Post #1354303

QUOTE (ostell @ Mon, 5 Feb 2018 - 14:44) *
NEVER SEND ORIGINALS


copy it is smile.gif

Posted by: Redivi Mon, 5 Feb 2018 - 16:45
Post #1354376

I should have made that clear

Posted by: MHU Wed, 14 Feb 2018 - 21:50
Post #1357948

No reply from them yet

Although i have another letter in the same format for the other PCN
So i will send the same letter to CSB asking if they sent it

If i get no response then what are my next steps?

Posted by: Redivi Wed, 14 Feb 2018 - 23:31
Post #1358010

In the absence of a reply, I will assume that the letter is counterfeit and should be ignored

Posted by: MHU Fri, 23 Feb 2018 - 11:22
Post #1360943

Hello again

I have not had any response to my last letters, but i have just received this text message

URGENT, your PCN has been passed to our solicitors to instigate legal proceedings. To stop legal action you must call us immediately on 0333 2005 341 ref XXXXXX

i got 2 messages for both PCN's against me


Posted by: nosferatu1001 Fri, 23 Feb 2018 - 11:29
Post #1360948

Which number is that? DRP or someone else?

Posted by: MHU Fri, 23 Feb 2018 - 11:41
Post #1360957

it is UCS, i rang it from my work landline but did not speak obviously .. just heard the automated system say UCS

Posted by: nosferatu1001 Fri, 23 Feb 2018 - 13:20
Post #1360996

OK, so ignore

Letter before action is what youre waiting on .

Posted by: MHU Fri, 23 Feb 2018 - 14:26
Post #1361016

ok thanks ...

no response from CSB yet .. so assuming the letter was fake?

Posted by: nosferatu1001 Fri, 23 Feb 2018 - 14:44
Post #1361023

ALmost certainly. Thats what you told them you would assume, yes?

Posted by: MHU Fri, 23 Feb 2018 - 14:51
Post #1361027

Yes i did ..

In the absence of a reply, I will assume that the letter is counterfeit and should be ignored

Posted by: nosferatu1001 Fri, 23 Feb 2018 - 16:03
Post #1361052

Its more - thats what you said youd do, so do it smile.gif

Posted by: Umkomaas Sun, 25 Feb 2018 - 08:54
Post #1361461

@OP - did you enquire with the council what the status of this car park is? I've skimmed through the thread but can't see whether advice on this very important line of enquiry has been followed?

Posted by: MHU Mon, 26 Feb 2018 - 10:17
Post #1361780

QUOTE (Umkomaas @ Sun, 25 Feb 2018 - 08:54) *
@OP - did you enquire with the council what the status of this car park is? I've skimmed through the thread but can't see whether advice on this very important line of enquiry has been followed?



What do you mean, status of this carpark?

Posted by: Redivi Mon, 26 Feb 2018 - 11:40
Post #1361808

1 Does it still belong to the council ?
2 Has the Parking Place Order been revoked ?

Posted by: MHU Wed, 7 Mar 2018 - 20:50
Post #1364887

i have had another couple of text from them .. same as before

Just ignoring for now

Posted by: ostell Wed, 7 Mar 2018 - 22:16
Post #1364932

How about a reply to post #72 ?

Posted by: MHU Thu, 8 Mar 2018 - 20:29
Post #1365181

QUOTE (Redivi @ Mon, 26 Feb 2018 - 11:40) *
1 Does it still belong to the council ?
2 Has the Parking Place Order been revoked ?


The carpark does not belong to the council
no nothing has been revoked?

Posted by: nosferatu1001 Fri, 9 Mar 2018 - 10:01
Post #1365301

Why the question mark?

It WAS owned by the council. That means a PPO was in place. Is the PPO still in place? You need to find out. An obvious place to start is the council.

Posted by: MHU Mon, 12 Mar 2018 - 11:13
Post #1365985

QUOTE (nosferatu1001 @ Fri, 9 Mar 2018 - 10:01) *
Why the question mark?

It WAS owned by the council. That means a PPO was in place. Is the PPO still in place? You need to find out. An obvious place to start is the council.


OK, i shall give them a call and try find out

Posted by: ostell Mon, 12 Mar 2018 - 12:14
Post #1366002

QUOTE (MHU @ Mon, 12 Mar 2018 - 11:13) *
QUOTE (nosferatu1001 @ Fri, 9 Mar 2018 - 10:01) *
Why the question mark?

It WAS owned by the council. That means a PPO was in place. Is the PPO still in place? You need to find out. An obvious place to start is the council.


OK, i shall give them a call and try find out


Quite often it will be on the council website

Posted by: MHU Thu, 15 Mar 2018 - 12:00
Post #1367040

QUOTE (ostell @ Mon, 12 Mar 2018 - 12:14) *
QUOTE (MHU @ Mon, 12 Mar 2018 - 11:13) *
QUOTE (nosferatu1001 @ Fri, 9 Mar 2018 - 10:01) *
Why the question mark?

It WAS owned by the council. That means a PPO was in place. Is the PPO still in place? You need to find out. An obvious place to start is the council.


OK, i shall give them a call and try find out


Quite often it will be on the council website



I have spoken to the council and they said that the car park is not Council Owned

Posted by: nosferatu1001 Thu, 15 Mar 2018 - 15:00
Post #1367101

So how did you find out it WAS council owned initially??

Posted by: MHU Mon, 19 Mar 2018 - 09:06
Post #1368169

was told by a friend, but think that information maybe incorrect. In future i need to double check first

Posted by: ostell Mon, 19 Mar 2018 - 09:16
Post #1368173

Is there still a Parking Places Order, PPO, still in existence though?

Posted by: MHU Mon, 19 Mar 2018 - 15:48
Post #1368299

QUOTE (ostell @ Mon, 19 Mar 2018 - 09:16) *
Is there still a Parking Places Order, PPO, still in existence though?


Apologies if this is a daft question, but what do you mean by is there a PPO in place?

Posted by: Redivi Mon, 19 Mar 2018 - 16:03
Post #1368304

The council may have sold the car park but that doesn't mean that they revoked the Parking Places Order

If the Parking Places Order still exists, the location isn't relevant land in accordance with POFA

Posted by: MHU Mon, 19 Mar 2018 - 16:45
Post #1368309

The land used to have a college building on there so it seems the land was college owned NOT council

Posted by: ostell Mon, 19 Mar 2018 - 17:24
Post #1368318

But have you checked for the existence of a PPO? THe college might just have belonged to the council. Look at the councils web site. Just answer the question which could give you a very quick get out of the situation instead of arguing about it.

Posted by: MHU Tue, 20 Mar 2018 - 09:19
Post #1368426

i have checked the website and there is nothing on there for this car park, i have also emailed them and they only say:

We have received your email and confirm that the Blackburn Leisure centre car park is not Council Owned

So i will email the college now too, to see if they can say if a PPO exists or not.


Posted by: nosferatu1001 Tue, 20 Mar 2018 - 11:38
Post #1368458

The college will have no idea

Repeat your question to the council and ask IF it has ever been council owned and IF SO was there ever a PPO

AS you should jabe noticed you did not get an answer about PPO, therefore you need to get an asnswer about PPO from the council. You need to ask the right question.

Posted by: MHU Tue, 20 Mar 2018 - 11:41
Post #1368460

I have asked the college and they have no idea what a PPO is ..

so assuming it may not have one on there

Posted by: Redivi Tue, 20 Mar 2018 - 11:59
Post #1368471

As Nosferatu has already pointed out, the college will have no idea

The only organisation that can ever tell you is the council but you have to ask the specific questions

1 Was the car park ever council owned ?
2 If Yes, was there a Parking Place Order ?
3 If Yes, was it ever revoked ?

Posted by: MHU Tue, 20 Mar 2018 - 12:22
Post #1368483

QUOTE (Redivi @ Tue, 20 Mar 2018 - 11:59) *
As Nosferatu has already pointed out, the college will have no idea

The only organisation that can ever tell you is the council but you have to ask the specific questions

1 Was the car park ever council owned ?
2 If Yes, was there a Parking Place Order ?
3 If Yes, was it ever revoked ?



Hi

No, the car park was never council owned.

I have clarified that with them this morning

Thanks

Posted by: nosferatu1001 Tue, 20 Mar 2018 - 12:58
Post #1368509

Finally a definitive answer!

THat took far too many posts.

OK, so what position does that leave you in? YO uwill need to go back a few pages to work it out, and post to tell us.

Posted by: MHU Tue, 20 Mar 2018 - 13:04
Post #1368512

so currently, i am getting text messages from them every few days

But i have had to responses to the letters i sent to PCN, UCS or CBS Solictors

That is the current stage

Posted by: nosferatu1001 Tue, 20 Mar 2018 - 13:18
Post #1368519

Well texts are easy to deal with. Save number and hit block on the contact. Done.

If youve not had a response, and tehy defeinitely have the correct address, theres nothing definitive you can do now.

Posted by: MHU Tue, 20 Mar 2018 - 16:31
Post #1368587

just wait til they move on to the next stage?

Posted by: nosferatu1001 Tue, 20 Mar 2018 - 16:59
Post #1368595

Yes, or pay them. What else do you think you can do?

Its an invoicue. They have 6 years from breach date to start proceedings.

Posted by: MHU Wed, 21 Mar 2018 - 08:59
Post #1368721

I think i will just wait .. smile.gif

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