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Solicitors letters following PCN, from Northern MAPS and Shulmans LLP
zhgn63
post Tue, 13 Sep 2011 - 21:07
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Hi everyone, I'm hoping you can offer some advice about two 'PCN' notices I've received - I can't find anyone else on here who has dealt with this parking company - Northern MAPS - and their solicitor, Shulmans LLP.

I live in an apartment block where Northern MAPS manages the parking. I have a permit in my car to park, but on two occasions when borrowing my mother's car, I was issued with 'PCN' notices from Northern MAPS - very official looking, but with a charge of £85 each. I ignored both.

Following this, my mother received a letter from Northern MAPS asking for payment. Following the advice on Moneysavingexpert, I told her to write back saying she wasn't driving and was under no obligation to provide information about the driver.

She duly received another letter repeating the demand for payment, saying "You do not appear to be denying that the vehicle in question was illegally parked and as a consequence received parking enforcement that does not exceed the recommendations outlined in the Code" etc etc etc. She sent a letter back repeating the fact that she was not driving the car, and that they should stop hassling her.

This was followed today by two letters from Shulmans, one for each offence, which read:

Dear Madam,

RE: NORTHERN MAPS LIMITED V MS X. - PARKING CHARGE NOTICE

We have been instructed by our above named client, to apply to you for the immediate payment of the sum of £85.00 being the balance owing by you to them in relation to a Parking Charge notice given on the 10th May, 2011.

In addition, the sum of £10 is payable in relation to administration charges.

Unless we receive payment of the sum of £95 within 10 days of the date of this letter, we have instructions to commence immediate proceedings against you without further notice. Such proceedings may include a claim for interest and further costs.


What step do I take next? Do I get my mother to send yet another 'I wasn't driving' letter, to the law firm this time? Do we ignore it?

I have been told it's better that they don't know who I am and my mother continue to refuse to tell them who was driving, but as she is getting very stressed about it, at what stage is it sensible for her to tell them her son was driving, not her? (Given I have my own defence of being a resident and having a valid parking permit)?

Any advice appreciated!
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post Tue, 13 Sep 2011 - 21:07
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Gan
post Tue, 13 Sep 2011 - 21:31
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They have been told twice that your mother was not the driver and she has no obligation to tell them who was.

This is the only letter to send them :

I deny any debt to your client and will under no circumstances make any payment in the absence of a court judgement.

I note your instructions to commence legal proceedings within ten days. If you do not go ahead I will assume that you have advised your client that he has no case and the matter is closed.
For your information, your client has already been informed on two occasions that I was not the driver. The claim is completely without foundation.

I will not contact you again and will regard any other communication from you or your client as harassment. This will be immediately reported to Trading Standards and the SRA. If it continues I will also report the matter to the police as a criminal offence under the Protection From Harassment Act.


This post has been edited by Gan: Tue, 13 Sep 2011 - 21:32
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andy_foster
post Tue, 13 Sep 2011 - 21:40
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QUOTE (zhgn63 @ Tue, 13 Sep 2011 - 22:07) *
we have instructions to commence immediate proceedings against you without further notice.


Of course they have. Because if they don't commence proceedings they would seem to be guilty of offences of misleading and aggressive practices under the Consumer Protection from Unfair Trading Regulations 2008 - which carry sentences of up to 2 years in prison. I think that a firm of solicitors might have difficulty with the due diligence defence.

When they don't commence proceedings, I'd strongly suggest reporting them to Trading Standards and the SRA.

When dealing with "tickets" from private parking companies (PPCs) our advice is to ignore them. For more information about this recommendation and private parking companies, click this link.

This post has been edited by andy_foster: Tue, 13 Sep 2011 - 21:42


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Andy

Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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zhgn63
post Wed, 14 Sep 2011 - 15:16
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Thank you both for your advice, I will send a letter like the one you drafted above to the solicitor and let you know if anything further happens.

Hadn't seen the Watchdog YouTube clip before either; gives me a bit of confidence!

Cheers.
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zhgn63
post Wed, 28 Sep 2011 - 17:31
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Hi everyone, thanks again for your advice last time. I sent this letter:

QUOTE
I deny any debt to your client and will under no circumstances make any payment in the absence of a court judgement.

I note your instructions to commence legal proceedings within ten days. If you do not go ahead I will assume that you have advised your client that he has no case and the matter is closed. For your information, your client has already been informed on two occasions that I was not the driver of the car when either of the parking charge notices were issued. The claim is completely without foundation.

I will not contact you again and will regard any other communication from you or your client as harassment. This will be immediately reported to Trading Standards and the SRA. If it continues I will also report the matter to the police as a criminal offence under the Protection From Harassment Act.


My mother got a reply from Northern MAPS's lawyers today, as follows: (sorry, don't have a digital camera or scanner, but have typed it out fully. It's from Schulmans LLP)

QUOTE
Dear Madam,

We refer to your letter of 14th September 2011 and have now obtained our client's instructions thereon.

Whilst we appreciate that you state not to have been the driver of the vehicle at the times that the tickets were issued you are the registered owner and therefore before our clients are in a position to make any decision as to whether you are responsible for the tickets we require full details of who was driving your vehicle at the time the tickets were issued together with any evidence supporting that fact.

In the circumstances we accordingly look forward to receiving the information within the next fourteen days, i.e. before the 10th October 2011.

Should we not here from you by that date then Court proceedings may be issued and a claim for costs and interest may be made.


Is my mother now obliged to give them any further information? What would be the best step to take next?
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DBC
post Wed, 28 Sep 2011 - 17:38
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Of course she doesn't have to . Cheeky buggers!
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Gan
post Wed, 28 Sep 2011 - 18:45
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Your mother told them she wasn't going to contact them again so don't - it would be a sign of weakness.

She also told them she would contact Trading Standards if they didn't back off - so do
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Basfordlad
post Wed, 28 Sep 2011 - 18:46
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I love the way they contradict themselves! They say they need the details of the driver before they make a decision. Them they say if they don't hear from you they may take you to court.

What a load of jokers
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WageSlave
post Wed, 28 Sep 2011 - 20:31
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You might also want to report the solicitors to the SRA regarding the £10 admin fee they`ve asked for. There is something in the solicitors code of conduct about solicitors not demanding costs in pre-litigation correspondence. Even if the "parking charges" were properly owed [and they`re not as they are unenforceable penalties - see the OB Services v Thurlow case - it may not be of binding precedent, but it is persuasive precedent] the admin charges, being essentially costs, are not recoverable unless and until proceedings are started.

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axeman
post Wed, 28 Sep 2011 - 20:46
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QUOTE (zhgn63 @ Wed, 28 Sep 2011 - 18:31) *
Hi everyone, thanks again for your advice last time. I sent this letter:

QUOTE
I deny any debt to your client and will under no circumstances make any payment in the absence of a court judgement.

I note your instructions to commence legal proceedings within ten days. If you do not go ahead I will assume that you have advised your client that he has no case and the matter is closed. For your information, your client has already been informed on two occasions that I was not the driver of the car when either of the parking charge notices were issued. The claim is completely without foundation.

I will not contact you again and will regard any other communication from you or your client as harassment. This will be immediately reported to Trading Standards and the SRA. If it continues I will also report the matter to the police as a criminal offence under the Protection From Harassment Act.


My mother got a reply from Northern MAPS's lawyers today, as follows: (sorry, don't have a digital camera or scanner, but have typed it out fully. It's from Schulmans LLP)

QUOTE
Dear Madam,

We refer to your letter of 14th September 2011 and have now obtained our client's instructions thereon.

Whilst we appreciate that you state not to have been the driver of the vehicle at the times that the tickets were issued you are the registered owner and therefore before our clients are in a position to make any decision as to whether you are responsible for the tickets we require full details of who was driving your vehicle at the time the tickets were issued together with any evidence supporting that fact.

In the circumstances we accordingly look forward to receiving the information within the next fourteen days, i.e. before the 10th October 2011.

Should we not here from you by that date then Court proceedings may be issued and a claim for costs and interest may be made.


Is my mother now obliged to give them any further information? What would be the best step to take next?


sit back and ignore, the ball is in their court (scuzz the pun)


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