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PCN for 12 minutes in parking spot trying to pay
helloecho
post Sat, 23 Feb 2019 - 23:47
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The Registered Keeper of our vehicle received a PCN today 23/02/2019 for something on the 11/02/2019. He was not the driver of the car on that date.
The driver did not leave the vehicle unattended, only exited the car to read the signage on how to pay for parking.The driver did not realise that video surveillance was in place, and was shocked to receive a PCN in the post as there was not a PCN on the car. Nor expected to as the car wasn't left. The driver spent that time trying to figure out how to pay and when parkbytext became a convoluted mess trying to pay (paybytext actually wanted you to call in, there was no credit on the mobile, downloaded the app, which required registration and a minimum top up, etc), the driver left and parked elsewhere.

Is there precedent for a similar situation?

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This post has been edited by helloecho: Mon, 25 Feb 2019 - 23:28
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post Sat, 23 Feb 2019 - 23:47
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ManxRed
post Thu, 20 Jun 2019 - 11:36
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QUOTE (helloecho @ Thu, 20 Jun 2019 - 11:36) *
"We have been instructed by our client, the creditor, to prepare for possible legal proceedings..." then instructing to pay the debt collector.


Ah! That's actually a letter from the debt collector, pretending they are a solicitor. You can ignore that one.

You're being b*llsh*tted by the BPA.

I would post the letter suggested by Redivi, if there's no email address, to the parking company. Forget about the BPA for now.

The Grace period is to cover the time it takes to drive from the camera location to the space, park up, read the signs, and then either accept and pay (or whatever the sign asks you to do), or reject the terms and leave. And that is how a court would view it.

Under these circumstances (a contract formed by a sign), the acceptance by the consumer occurs by performance of the service being offered (acceptance by performance). This is essentially by parking up and doing whatever is required to abide by the terms (e.g. buying a ticket, entering your reg on a device, etc.). At THAT point, the contract is formed. As you rightly suppose, you cannot possibly enter into a contract by driving past an ANPR camera, without reading the terms of the contract, that is a nonsense.

That's what the Grace Period is for!! The BPA person who advised you otherwise is either a liar or an idiot. Or possibly both, who knows with them?

Send the Redivi letter to the parking company by post (take it to a post office, put a first class stamp on, hand it to the cashier person and ask for a free certificate of posting, and then keep that safe), and then ignore this latest letter. Come back if/when you get a response to your letter, or you receive a letter headed Letter Before Claim/Action/Similar.


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helloecho
post Mon, 8 Jul 2019 - 13:19
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We've now received a Pending Legal Action notice.

Do we continue to ignore this as it is again from the debt collector?
I would have thought that they would have continued with the solicitor header...
They reference the Practice Direction on Pre-Action Conduct and Protocols, but given they circumvented the process by not allowing us to appeal at POPLA, have they actually complied with this?

This post has been edited by helloecho: Mon, 8 Jul 2019 - 13:21
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ManxRed
post Mon, 8 Jul 2019 - 13:39
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Please pay us. PLEEEEEEEEEEEEEEEEEASE. We're now willing to accept even less than we were asking for previously.

I'd ignore it.

You may still receive a Letter Before Claim from the parking company or an actual firm of solicitors (using their own headed paper!), and if so, come back for advice, as that does need to be responded to properly.


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nosferatu1001
post Mon, 8 Jul 2019 - 13:40
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Yes, what part of - ignore debt collectors - thats found on every thread fails to apply here?
PAp does not require access to ADR
They ref the PAP but only give 14 days, not the 30 the PAP requires. So yeah theyre just making it up

Please. No more debt collectors.
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helloecho
post Thu, 22 Aug 2019 - 09:47
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Hi all, back from holidays to find a Letter of Claim from CSB Solicitors
Front of Page1


Back of Page1




They have included a statement of account, which lists the principle at 100, then total due at 170, but then total additional costs as 202.25? No indication of how they arrived at 170 from principle at 100.


There is a reply form included with the packet - should this be filled in and returned?



Also, strangely, the pages are numbered to 17, but there are only 14 pages.Feeling very suspicious they omitted something on purpose as through this whole process, we have received no reply at all from PEA the original issuer of the PCN - no reply to the appeal, no POPLA code, nothing...feeling they have done this on purpose to scupper the whole appeals process. Angrier that they have been allowed to do this.

Was hoping this would have been resolved at POPLA stage, so would really appreciate your advice on how to manage this.

This post has been edited by helloecho: Thu, 22 Aug 2019 - 10:02
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helloecho
post Thu, 22 Aug 2019 - 10:03
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Then Annex Pages:

Annex2



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Redivi
post Thu, 22 Aug 2019 - 10:41
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Ignore the Financial Statement
That's only for if you admit a debt and want time to pay

Tick Box D

I dispute the debt because:

1 The driver did not park. He was unable to navigate your client's payment system and immediately left the car park
2 The arithmetic in your statemen of account is defective: £100 + £0.00 + £0.00 does not equal £170
3 Even if it were correct, I was not the driver and refer you to POFA 4(5)
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nosferatu1001
post Thu, 22 Aug 2019 - 11:33
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Send a SAR to the PPC
You will then have EVERY document they hold on you.
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helloecho
post Fri, 23 Aug 2019 - 11:18
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Thank you Redivi and Nosferatu1001!

Letters sent off today.

In the case this becomes a court claim, is the case conducted through documents or is there an actual court hearing where plaintiff and defendant must be present?
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Sheffield Dave
post Fri, 23 Aug 2019 - 11:23
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A court claim can be heard on papers, but that usually puts the defendant at a disadvantage. Normally we recommend choosing a hearing. The claimant normally doesn't appear in person, but hires a solicitor local to the court to represent them on the day. You can get a lay rep (i.e. volunteer) to represent you, but in that case the defendant must still attend.
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nosferatu1001
post Fri, 23 Aug 2019 - 12:28
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Claimant, not plaintiff.
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helloecho
post Thu, 29 Aug 2019 - 11:33
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Thank you both for clarification.
Have just received the Response to SAR. All looks familiar except the appeal rejection (with POPLA number) that was never received. Had we received this, of course, the POPLA appeal would have been the preferred avenue.

Strangely, Letterhead is now from another company called SolutionLabs Ltd. Is this another arm of the debt collection?



No response to the reply form sent.

So next step is to wait for court claim?
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Redivi
post Thu, 29 Aug 2019 - 11:54
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Solutionlabs Ltd is a data processing company that handles appeals and debt collection for a number of parking companies
It came out of the notorious Roxburghe UK debt collection agency

UCS is one of its trading names

Roxburghe was about to have its licence revoked by the OFT when regulation was transferred to the Financial Conduct Authority and the process was cancelled
Debt collection of parking notices falls outside any of the regulatory authorities giving the companies the freedom to do whatever they like

The behaviour of the DVLA and BPA is particularly shameful

The DVLA originally required parking companies to follow the OFT fair collection procedures to have access to the keeper database
When it discovered the absence of a regulatory authority, the DVLA removed the requirement

The BPA similarly failed to imposes a basic standard in its Code of Practice

I had a very frosty conversation with a BPA officer at the Parkex show
I was complaining about the actions of a debt collector that was continuing to send demands although both its client and the collector knew that no payment was owed

As far as she was concerned, there was nothing wrong with it because the BPA Code of Practice was silent on the subject
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