Hi All,

I appealed a PCN from parking at the end of 2013 at the start of January via the Euro Car Parks website...

They did not acknowledge this appeal either by email or letter. I believe they should have acknowledged the appeal by 10th March.

Due to the configuration of their website, it doesn't give you a chance to print off the appeal or email it, so my "evidence" is that I visited the site on that day. Very cunning on their behalf.

Since then I have received a further letter from them, then today a notice of intended court action from Debt Recovery Plus (DRP).

Is it enough to write to ECP or do I need to write to DRP too?

What are my next steps and can anyone point me to the relevant guidelines that say they have x-days to respond, as I can't find it?

Although it would be fun defending myself in court over a £150 charge for 10 mins parking, I have better things to do!

Send to DR+

Dear Sir

Ref *****

I note your letter dated ****

I deny any debt to Euro car parks

For your information, your client failed to respond to my challenge in January 2013
In accordance with the prevailing BPA Code of Practice, the challenge is deemed to be accepted and the matter is closed

Don't contact me about this again
I will not respond other than presenting the letter to BPA as evidence that your client is in breach of its Code of Practice

Yours Faithfully

Don't contact ECP

Thanks Gan... Will do.

I've already emailed BPA with a complaint...

I'm sure they agree too, they don't tend to issue claims.

What do you mean Jlc?

That they don't usually follow up with the DRP letter or don't follow up with court action?

Court action. DRP will send all the scary letters saying they have to recommend that court action is taken.

Look at this list. Of course, it may change in the future - they have 6 years.

Cheers...

I'm just totting up my costs for the invoice that I will send them. I did advise them on my first contact (appeal) that I would pursue costs if they didn't drop it...

I'm up to a genuine £1200 now and will pursue it! I don't expect them to just hand it over, but I will push it... And may even stump up for a solicitor to chase them for a while. (Friendly solicitor will charge me about £30 a letter).

I'm up for pursuing them for costs but I'm finding it difficult to see how £1.2k is genuine... You would almost certainly need to issue a claim to get them to pay. Perhaps you can offer an early payment discount?

My daily rate (I own the business) is upwards of £500 +VAT... I only charge for full days, not parts thereof. By the time I've written them another email or two, I'll be well in to two working days.

I will see what I can make in to a reasonable case... To be honest, I'd be happy with £50, as a token just to acknowledge that they've wasted my time!

If these bas***s start writing cheques for costs, maybe it'll make them think twice about sending out ill-judged fines to people for overstaying 10 minutes in a free car park!

That may be your terms and conditions but its highly unlikely a judge would agree with such a claim. But a good starting point for a settlement.

As I said, if I can get a token amount out of them and cause them some inconvenience, I will have won...

Cheeky bastards have replied, quoting BPA CoP but not mentioning anything about the appeal... They are saying the charge still stands.

I am going to reply to them once more, giving them evidence I was on the car park operators website on the date stated and that I submitted an appeal that was ignored.

I will do this unless anyone gives me a good reason not to...

BPA Ltd PPC members quote the COP in the same way that Atheists like to quote the bible.

It does not mean that one party believes what the other has written or that they adhere to any standards of conduct relating to what is in the printed text.

Regards

MMM

Do you think I should reply or ignore?

I want them to fold, so I can take them for costs more easily...

Oh, and I'll copy the BPA in on the reply, as I've already complained to them...

Reply in my opinion. The more trouble you can show they've caused you the better if you are determined to make life difficult for them (and why not?)

How about heading your reply "Letter before claim" ?

Tell them that their only option to avoid a claim is to cancel the notice

For any CoP breach then a separate complaint to Trading Standards is in order.

Failure to follow the CoP is a breach of CPUTR Sch 1 para 4.
http://www.legislation.gov.uk/uksi/2008/1277/schedule/1/made
SCHEDULE 1
Commercial practices which are in all circumstances considered unfair

1. Claiming to be a signatory to a code of conduct when the trader is not.
2. Displaying a trust mark, quality mark or equivalent without having obtained the necessary authorisation.
3. Claiming that a code of conduct has an endorsement from a public or other body which it does not have.
4. Claiming that a trader (including his commercial practices) or a product has been approved, endorsed or authorised by a public or private body when the trader, the commercial practices or the product have not or making such a claim without complying with the terms of the approval, endorsement or authorisation.

Unfortunately thats not one of the criminal transgressions of CPUTR.
But note the wording


Thats not say that the company involved hasn't gone as far as transgressing the criminal parts, arguably we do see such levels of transgression on here.
See
http://forums.pepipoo.com/index.php?showto...mp;#entry805190
For more detail on the 'meaty bits' to find out if this one has gone into the criminal realm.

And see http://www.davidmarq.com/bama/OfT%20guidan...R%20oft1008.pdf
esp Chapter 10

Righty...

Will copy BPA and trading standards in on the next email and start to initiate my claim... Thanks chaps.

This has just taken another turn...

My missus has just eaten in the restaurant next to the car park and they have told her that if we take the letters in to them, they will get the charges cancelled. I think I'll do that, but not tell DR+ or ECP, I'll leave them floundering about their various breaches of contract and consumer law... Oh, and whatever the outcome of that, I will still be submitting a claim for costs.