Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Kind Of Irritated
    • By Kind Of Irritated 6th Sep 16, 10:39 AM
    • 226Posts
    • 164Thanks
    Kind Of Irritated
    Letter before claim
    • #1
    • 6th Sep 16, 10:39 AM
    Letter before claim 6th Sep 16 at 10:39 AM
    LETTER BEFORE CLAIM
    I would very much appreciate some help as to how to deal with a Letter Before Claim which we received from the solicitor of a company set up to monitor car-parking in a limited domestic car park.

    This company is meant to protect the needs of the owners & tenants in the block of flats. Thus we explained to the management and wrote to Link Parking mentioning that. This was not an outsider parking there to get quickly to the shops.

    PERMIT
    We actually do possess a permit for my son's parking space.

    In any case this is an issue ALL and any visitors to the flats will have as extra spaces are not available. We expected that once the explanation was provided common sense would have meant the charge would be cancelled. But no. The solicitors now want £150 "within 14 days". Whether they mean "from date of letter" or "from (its) receipt" is not specified. The date of the letter was 25th August but we did not receive it until last Friday, 2nd September.

    URGENT REPLY NEEDED?
    My first urgent query: should we immediately post them (today?) a holding letter while we put a longer reply together?

    I would also appreciate some advice on how we handle the comprehensive reply to the solicitors. I have read some of your excellent posts on this site and I'm sure they will be a great help.
    Last edited by Kind Of Irritated; 06-09-2016 at 11:27 AM.
Page 14
    • Loadsofchildren123
    • By Loadsofchildren123 27th Feb 17, 7:32 AM
    • 1,012 Posts
    • 1,745 Thanks
    Loadsofchildren123
    I do think it muddies the waters with the sign. They've handed out permits with one set of terms and conditions and have put up signs with different ones. The back of the permit is a "notice", as in "signs and notices". It's probably in breach of their code of practice in many respects plus threatens an illegal act.
    Use it to muddy the waters - IF there can be said to be a contract, what are its terms. Look at these 2 different sets of terms, one on the signage and one on the rear of the permits. Which ones are part of a contract? What status do the other ones have?
    • Loadsofchildren123
    • By Loadsofchildren123 27th Feb 17, 7:47 AM
    • 1,012 Posts
    • 1,745 Thanks
    Loadsofchildren123
    Exhibit the permit to sons WS
    Make sure you refer to both the AST and the permit in your WS as well though, but describe them as exhibited to son's statement as AB1, AB2 etc.
    • Kind Of Irritated
    • By Kind Of Irritated 2nd Mar 17, 7:45 PM
    • 226 Posts
    • 164 Thanks
    Kind Of Irritated
    Does anyone know if an 01792 number is permitted on a PPC's sign? Ditto a box number?

    Thank you.
    • Loadsofchildren123
    • By Loadsofchildren123 2nd Mar 17, 7:56 PM
    • 1,012 Posts
    • 1,745 Thanks
    Loadsofchildren123
    Do you mean an 0871 premium rate number KOI?

    I read on another thread they are not allowed. The more knowledgeable posters will know the ins and outs of this.
    • Umkomaas
    • By Umkomaas 2nd Mar 17, 8:23 PM
    • 14,056 Posts
    • 22,086 Thanks
    Umkomaas
    Does anyone know if an 01792 number is permitted on a PPC's sign? Ditto a box number?

    Thank you.
    Originally posted by Kind Of Irritated
    A very basic search on Google shows that 01792 is a standard telephone code for the Swansea area. Did you not try that? Why do you think it should not be permitted?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Kind Of Irritated
    • By Kind Of Irritated 2nd Mar 17, 8:51 PM
    • 226 Posts
    • 164 Thanks
    Kind Of Irritated
    Yes,so sorry, that's what I meant - an 0871 premium number!

    Just got back from watching a strike-out hearing (it was adjourned instead) and the brain is overloaded.

    Do you mean an 0871 premium rate number KOI?

    I read on another thread they are not allowed. The more knowledgeable posters will know the ins and outs of this.
    Originally posted by Loadsofchildren123
    • Ian011
    • By Ian011 3rd Mar 17, 2:16 PM
    • 1,758 Posts
    • 987 Thanks
    Ian011
    The Consumer Contracts Regulations 2013 were published on 13 December 2013 and came into force on 13 June 2014. Regulation 41 requires retailers, traders and passenger transport companies to use "basic rate" numbers starting 01, 02 or 03 or free-to-caller numbers starting 080. The regulations ban the use of premium rate numbers starting 084, 087 and 09.

    http://www.legislation.gov.uk/uksi/2013/3134/regulation/41/made

    Complaints can be made via the Citizen's Advice national Consumer Helpline on 0345 404 0506. They can escalate to the relevant local Trading Standards department.

    Usage of an 084, 087 or 09 number also breaches the British Parking Association (BPA) Code of Practice.
    • safarmuk
    • By safarmuk 3rd Mar 17, 2:31 PM
    • 424 Posts
    • 807 Thanks
    safarmuk
    Complaints can be made via the Citizen's Advice national Consumer Helpline on 0345 404 0506. They can escalate to the relevant local Trading Standards department.
    There are PPC's out there blatantly using 0845 numbers on their signs and websites. You can indeed call the Citizens Advice National Consumer Helpline and they will pass it on to Trading Standards who do absolutely nothing. You don't even seem to be able to follow up on a Trading Standards complaint that is made.

    Also a lot of companies have switched to the IPC who seem to have no qualms about the use of these numbers.
    • Kind Of Irritated
    • By Kind Of Irritated 3rd Mar 17, 2:35 PM
    • 226 Posts
    • 164 Thanks
    Kind Of Irritated
    0871 number on sign
    Sorry, Umkomaas, that 01792 number was MY "basic" mistake. It did not appear on my sign. In a PM with A N Other on here, they said it had appeared on theirs though, under a different PPC. I copied and pasted the wrong number into the post above. That's what comes of working on this sort of thing when it is late at night.

    Here is the sign of the actual sign in photobucket: http://i1347.photobucket.com/albums/p714/Zinqua1/20160913_153413%202_zpsbpupgm6l.jpg

    A very basic search on Google shows that 01792 is a standard telephone code for the Swansea area. Did you not try that? Why do you think it should not be permitted?
    Originally posted by Umkomaas
    • Kind Of Irritated
    • By Kind Of Irritated 3rd Mar 17, 2:42 PM
    • 226 Posts
    • 164 Thanks
    Kind Of Irritated
    Yes, safarmuk, thanks. I think it may be illegal now (since 2013) but perhaps only "IF" a help number is provided. On the sign concerning me no Helpline number was provided. And according to the PPC the sign is the "contract".

    Apart from the 0871 number only, I have at least two more issues regarding that sign. Use of PO Boxes and no version in Welsh. Not sure if these are worth pursuing. Any thoughts?

    http://i1347.photobucket.com/albums/p714/Zinqua1/20160913_153413%202_zpsbpupgm6l.jpg

    There are PPC's out there blatantly using 0845 numbers on their signs and websites. You can indeed call the Citizens Advice National Consumer Helpline and they will pass it on to Trading Standards who do absolutely nothing. You don't even seem to be able to follow up on a Trading Standards complaint that is made.

    Also a lot of companies have switched to the IPC who seem to have no qualms about the use of these numbers.
    Originally posted by safarmuk
    • Kind Of Irritated
    • By Kind Of Irritated 4th Mar 17, 1:04 PM
    • 226 Posts
    • 164 Thanks
    Kind Of Irritated
    Thanks Ian011 and others.

    I suppose I need to know with certainty if that "Regulation 41" makes it illegal for PPCs to use 0871 numbers on their signs. Which category do PPCs fall into? Traders?

    Lining up as many illegalities as I can find for my case, just in case.

    The Consumer Contracts Regulations 2013 were published on 13 December 2013 and came into force on 13 June 2014. Regulation 41 requires retailers, traders and passenger transport companies to use "basic rate" numbers starting 01, 02 or 03 or free-to-caller numbers starting 080. The regulations ban the use of premium rate numbers starting 084, 087 and 09.

    http://www.legislation.gov.uk/uksi/2013/3134/regulation/41/made

    Complaints can be made via the Citizen's Advice national Consumer Helpline on 0345 404 0506. They can escalate to the relevant local Trading Standards department.

    Usage of an 084, 087 or 09 number also breaches the British Parking Association (BPA) Code of Practice.
    Originally posted by Ian011
    • Kind Of Irritated
    • By Kind Of Irritated 4th Mar 17, 1:12 PM
    • 226 Posts
    • 164 Thanks
    Kind Of Irritated
    Can anyone advise re the below queries I made the other day?

    1) Are 0871 numbers only banned on signs if there is a Help number on sign too? And - if the sign is the "contract" why would anyone agree a contract to ring ONLY a Premium Number?
    2) Are PO Box addresses acceptable on signs these days?
    3) Is Welsh also required by law on these private company signs in Wales? I believe they are on govt/local authority signs.

    Any advice would be appreciated. Many thanks.

    Yes, safarmuk, thanks. I think it may be illegal now (since 2013) but perhaps only "IF" a help number is provided. On the sign concerning me no Helpline number was provided. And according to the PPC the sign is the "contract".

    Apart from the 0871 number only, I have at least two more issues regarding that sign. Use of PO Boxes and no version in Welsh. Not sure if these are worth pursuing. Any thoughts?

    http://i1347.photobucket.com/albums/p714/Zinqua1/20160913_153413%202_zpsbpupgm6l.jpg
    Originally posted by Kind Of Irritated
    • Loadsofchildren123
    • By Loadsofchildren123 5th Mar 17, 12:45 PM
    • 1,012 Posts
    • 1,745 Thanks
    Loadsofchildren123
    BPA CoP, 18.7 - or is your PPC in the IPC?

    I looked into the Welsh thing - it only binds public bodies, not private companies, so it's not an argument worth running.
    • Chelone Owner
    • By Chelone Owner 7th Mar 17, 11:51 AM
    • 10 Posts
    • 12 Thanks
    Chelone Owner
    Hi, have you had a court date yet?
    • Kind Of Irritated
    • By Kind Of Irritated 7th Mar 17, 1:20 PM
    • 226 Posts
    • 164 Thanks
    Kind Of Irritated
    Yes, in about 3 weeks time.
    • Chelone Owner
    • By Chelone Owner 13th Mar 17, 10:10 AM
    • 10 Posts
    • 12 Thanks
    Chelone Owner
    Good luck, my court date is in June, 10 months after the ticket was issued!
    • Kind Of Irritated
    • By Kind Of Irritated 14th Mar 17, 10:23 PM
    • 226 Posts
    • 164 Thanks
    Kind Of Irritated
    Mine is also 10 months after the PCN.
    • Kind Of Irritated
    • By Kind Of Irritated 23rd Mar 17, 9:09 PM
    • 226 Posts
    • 164 Thanks
    Kind Of Irritated
    My case is in a few days time. I just got the original lease from Land Registry.

    I wonder if anyone has any thoughts as to whether this would be useful for me to use in the skeleton and/or in court?

    Have now removed the redacted lease. Just in case. Only got one person answering my query anyway. Thanks loadsofchildren123.

    It says nothing at all about visitors parking but it does talk about quiet enjoyment.

    The Tenancy agreement my son has contains very little of this.

    Does the AST have more importance than the original lease?

    My son has never had sight of the original lease, despite asking his landlord. That's why we had to get it from the Land Registry.
    Last edited by Kind Of Irritated; 27-03-2017 at 4:04 PM.
    • Loadsofchildren123
    • By Loadsofchildren123 24th Mar 17, 12:12 PM
    • 1,012 Posts
    • 1,745 Thanks
    Loadsofchildren123
    I'm a bit concerned if the leasehold says nothing about visitors
    Or does the quiet enjoyment covenant deal with this?
    Last edited by Loadsofchildren123; 27-03-2017 at 9:36 PM.
    • Loadsofchildren123
    • By Loadsofchildren123 27th Mar 17, 9:37 PM
    • 1,012 Posts
    • 1,745 Thanks
    Loadsofchildren123
    Big shout out to kindofirritated who has her hearing tomorrow. Go get 'em!
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

648Posts Today

7,770Users online

Martin's Twitter