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
    • Zayn1
    • By Zayn1 13th Oct 16, 9:03 AM
    • 8Posts
    • 7Thanks
    Zayn1
    Premier Solicitors- letter before claim
    • #1
    • 13th Oct 16, 9:03 AM
    Premier Solicitors- letter before claim 13th Oct 16 at 9:03 AM
    Hi

    I have read the appropriate newbie posts and others but am still finding it a little hard to get my head around what I need to do next to prevent any further escalation of a ticket that was completely inappropriately issued. A letter before claim from premier solicitors has arrived referring to the pcn and demanding £60 payment (sorry i cant work out how to post the scan of the letter).

    Last December my husband parked at the hospital where he works as normal and at the end of the day found a pcn stuck on his car. Staff car park is very small and always full so it is accepted practice (as in car parking attendants dont bat an eyelid) to park in visitors parking bays. Total parking solutions run the parking on site, in a poor fashion, and we appealed the ticket.

    Thought it was over but a few days ago this turned up. I understand it shouldnt be ignored and they do invite pcn appeal but make no reference to what has already been sent. Unfortunately in the intervening 10 months laptop with original appeal letter has been replaced so cant use that again. I know signage being small and the fact they allow staff to park in the main visitors car park every day was mentioned. TBH the letter sounds threathening and obviously we dont want a court claim etc the driver was not identified in our correspondance.

    Could someone kindly point out or explain what we need to do next?
Page 1
    • Fruitcake
    • By Fruitcake 13th Oct 16, 9:11 AM
    • 36,423 Posts
    • 73,212 Thanks
    Fruitcake
    • #2
    • 13th Oct 16, 9:11 AM
    • #2
    • 13th Oct 16, 9:11 AM
    You can post images by uploading them to a webhosting site such as tinyic or photobucket, then post the URL here but change http to hxxp.
    Someone here will change it back to a live link.
    Make sure the photo' account is not in your real name and does not contain any images with personal information.

    Is it a real LBC or is it a debt collector letter from a solicitor? Does it use the word "will" start court proceedings, or does it say "may?"

    Were you given the opportunity to make a second stage appeal to PoPLA?

    You can make a second stage appeal up to a year after the parking company has rejected your original appeal. At lease that's what the UK Government regulations say. The parking companies ad their trade associations will try to tell you otherwise.

    The court process is explained in the Bargepole link from post 1 of the NEWBIES, but hopefully you can stop the clock by rebutting this letter and appealing.

    Has a complaint been made to the hospital, and the driver's Union rep involved?
    Last edited by Fruitcake; 13-10-2016 at 9:45 AM.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Zayn1
    • By Zayn1 13th Oct 16, 9:59 AM
    • 8 Posts
    • 7 Thanks
    Zayn1
    • #3
    • 13th Oct 16, 9:59 AM
    • #3
    • 13th Oct 16, 9:59 AM
    hxxp://i66.tinypic.com/24d4geu.jpg

    hxxp://i66.tinypic.com/35imx3t.jpg

    Thanks for your reply. They actually use the words "such proceedings, if brought...."
    What i think your saying suggests we should have got a response to appealing the original pcn, which we didnt ��

    I can see a few different template letters but forgive my dimness - is there a particular one that I should use?
    • Ralph-y
    • By Ralph-y 13th Oct 16, 11:38 AM
    • 2,240 Posts
    • 2,724 Thanks
    Ralph-y
    • #4
    • 13th Oct 16, 11:38 AM
    • #4
    • 13th Oct 16, 11:38 AM
    http://tinypic.com/view.php?pic=35imx3t&s=9#.V_9nf8nKH_k

    http://tinypic.com/view.php?pic=24d4geu&s=9#.V_9nScnKH_k

    "I can see a few different template letters but forgive my dimness - is there a particular one that I should use? "

    I think it is now far to late to appeal this via the PPC or POPLA

    was the old laptop thrown away ?

    can you remember if you appealed as the driver or keeper?

    as above ....

    Has a complaint been made to the hospital, and the driver's Union rep involved?

    Ralph
    Last edited by Ralph-y; 13-10-2016 at 12:01 PM.
    • Fruitcake
    • By Fruitcake 13th Oct 16, 11:48 AM
    • 36,423 Posts
    • 73,212 Thanks
    Fruitcake
    • #5
    • 13th Oct 16, 11:48 AM
    • #5
    • 13th Oct 16, 11:48 AM
    hxxp://i66.tinypic.com/24d4geu.jpg

    hxxp://i66.tinypic.com/35imx3t.jpg

    Thanks for your reply. They actually use the words "such proceedings, if brought...."
    What i think your saying suggests we should have got a response to appealing the original pcn, which we didnt ��

    I can see a few different template letters but forgive my dimness - is there a particular one that I should use?
    Originally posted by Zayn1
    http://i66.tinypic.com/24d4geu.jpg

    http://i66.tinypic.com/35imx3t.jpg
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • pappa golf
    • By pappa golf 13th Oct 16, 11:58 AM
    • 5,344 Posts
    • 4,873 Thanks
    pappa golf
    • #6
    • 13th Oct 16, 11:58 AM
    • #6
    • 13th Oct 16, 11:58 AM
    http://forums.moneysavingexpert.com/search.php?searchid=169256875


    TPS use premier as their debt collectors ,


    no court history until this year (4) http://www.bmpa.eu/companydata/Total_Parking_Solutions.html
    Have YOU had to walk 500 miles?
    Were you advised to walk 500 more?
    You could be entitled to compensation.
    Call the Pro Claimers NOW.
    • Fruitcake
    • By Fruitcake 13th Oct 16, 12:08 PM
    • 36,423 Posts
    • 73,212 Thanks
    Fruitcake
    • #7
    • 13th Oct 16, 12:08 PM
    • #7
    • 13th Oct 16, 12:08 PM
    Complain to the BPA and DVLA that the PPC has gone straight to court after your initial appeal instead of offering you PoPLA.
    (This assumes that you haven't moved since you got the original PCN.)

    Write to the solicitors and tell them that they are incorrect and you did indeed appeal the original PCN but were not offered ADR.

    Quote the UK Gov ADR regulations found here,

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/288199/bis-14-575-implementing-alternative-dispute-resolution-directive-and-online-dispute-resolution-regulation-consultation.pdf

    Pay particular attention to Page 27, item 64, reasons for refusing ADR

    ... the complaint is not submitted within a pre-specified time limit (which cannot be set at less than a year from when the complaint was first submitted to the business)

    State that as you are still within the UK Government specified period, you are prepared to accept the use of PoPLA as ADR and therefore you require the solicitors to instruct their clients, Premier Parking Solutions to offer this forthwith.

    What happened when you complained to the hospital?
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Zayn1
    • By Zayn1 13th Oct 16, 12:51 PM
    • 8 Posts
    • 7 Thanks
    Zayn1
    • #8
    • 13th Oct 16, 12:51 PM
    • #8
    • 13th Oct 16, 12:51 PM
    Really appreciate the help!

    Appealed as the keeper not driver and honestly everyone in work told my husband not to worry at all as staff get these tickets all the time. Straw poll suggests lots of people have recieved the threathening letters but no court summons for anyone so far though they have a few yrs to do it! Hence didnt raise it with the hospital at the time. Is it too late now? I will definately draft the letter and post here for comment.

    Laptop had a drink spilt on it and was thrown out as everything got corrupted. Really thought we had seen the back of this ��
    • Herzlos
    • By Herzlos 13th Oct 16, 1:15 PM
    • 4,059 Posts
    • 3,550 Thanks
    Herzlos
    • #9
    • 13th Oct 16, 1:15 PM
    • #9
    • 13th Oct 16, 1:15 PM
    Definitely get onto the hospital about it, they should have the ability to get it cancelled at any stage.
    • Zayn1
    • By Zayn1 18th Oct 16, 10:04 AM
    • 8 Posts
    • 7 Thanks
    Zayn1
    Hi
    I am sorry I was not able to post an update due to unforeseen circumstances. The hospital have said they are looking into the matter and will get back to us, and in the mean time I have drafted a letter using a lot of help from this forum and pepipoo and Sam Fallow in particular.

    The lawyers letter is a lot better written than the standard wright hassall letter most work colleagues got so I hope my response is appropriate. Any advice or feedback would be greatly appreciated!:

    To Whom it May Concern

    Ref No: xxxxxxxx

    I am writing to confirm acknowledgment of your letter dated 06.10.16.

    I note the contents of the correspondence and deny the existence of any debt to Total Parking Solutions. Any court proceedings will be strongly defended. I appealed the PCN within the required time period but was not offered ADR or received any return correspondance so assumed this matter had been resolved.

    The driver was given specific permission to park by the operative in accordance with the standard daily practice at the hospital. From the xxxxxx hospital website: "If you are experiencing difficulty parking, please contact the main car park cabins at xxxxx hospital for advice and direction from the car park attendants.". This supersedes any signs placed by your client and the driver is entitled to rely on promissory estoppel. The instructions provided to staff by the University Health Board give rise to the reasonable belief that TPS does not have the authority in accordance with the BPA Code of Practice Para 7.2 to issue legal proceedings without the permission of the Principal.

    Despite the wholly inaccurate statement that the letter is 'in accordance with the pre action protocol’, it is in fact defective and appears to be a deliberate attempt to mislead the recipient.

    Paragraph 6 of the Practice Directions on Pre Action states that you must explain how any money amounts claimed is calculated. This information has not been provided.

    Paragraph 6 also requires you to provide any and all key documents relevant to the issue in dispute. Therefore, if there are further documents that you intend to rely on in progression of this dispute, please provide them to me in your reply.

    Please provide a Letter before Claim which fully complies with the requirements of the Practice Direction for Pre-action Conduct and Protocols. I confirm that I shall then seek advice and submit a formal Response within 30 days of receipt, as required by the Practice Direction. Further failure to meet the requirements of the Practice Direction may require the intervention of the Court to apply whichever sanctions it seems fit in this dispute.

    Please ensure that you read and respond to this letter, providing the specific information relating to the county court claim that your client intends to make against myself as the defendant to the proposed legal proceedings. Please DO NOT send a generic FAQ letter in reply as to do so does not meet the requirements of the Practice Direction and will take this matter no further forward.

    Also, you are again reminded that your failure to adhere to the Practice Direction is in breach of the SRA Principles and I will copy all correspondence to them in any complaint I make about your conduct.

    I trust this will not be necessary, and look forward to receiving a fully compliant Letter before Claim in due course or a letter to say this claim has now been dropped.

    Yours faithfully
    Last edited by Zayn1; 18-10-2016 at 10:12 AM. Reason: Misworded
    • Zayn1
    • By Zayn1 18th Oct 16, 7:30 PM
    • 8 Posts
    • 7 Thanks
    Zayn1
    If they have said " the pcn clearly details the amount payable" but doesnt specify how they doubled the original charge can we still say they havent broken down the charges?
    • Coupon-mad
    • By Coupon-mad 19th Oct 16, 12:57 PM
    • 40,355 Posts
    • 52,228 Thanks
    Coupon-mad
    I would tend to miss that out unless there are other charges they've tried to add - you can certainly challenge any 'legal costs' or 'indemnity/admin expenses' or similar and require proof that these were paid/incurred in this case AND that they were on the sign in the car park.

    Random costs can't be bolted on to a claim later if they were not on the sign/accepted.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Zayn1
    • By Zayn1 20th Oct 16, 4:38 AM
    • 8 Posts
    • 7 Thanks
    Zayn1
    I would tend to miss that out unless there are other charges they've tried to add - you can certainly challenge any 'legal costs' or 'indemnity/admin expenses' or similar and require proof that these were paid/incurred in this case AND that they were on the sign in the car park.

    Random costs can't be bolted on to a claim later if they were not on the sign/accepted.
    Originally posted by Coupon-mad
    Thanks for the tip. I am dealing with one pcn with WH for myself and thier letter is a lot more easier to challenge than this one
    • Zayn1
    • By Zayn1 23rd Nov 16, 6:28 PM
    • 8 Posts
    • 7 Thanks
    Zayn1
    Hi all

    So I got a response from the lawyers, could someone please activate the link?

    hxxp://i67.tinypic.com/20ixd3d.jpg

    Its dated the 10th and didnt arrive until the 12th so they barely gave any time until their payment deadline!
    They sent two pictures of the car parked in the bay but there is absolutely no signage visable or even identification that its where they say it is, its literally a picture of a neatly parked car in a bay ��
    • Umkomaas
    • By Umkomaas 23rd Nov 16, 6:33 PM
    • 10,954 Posts
    • 16,348 Thanks
    Umkomaas
    http://i67.tinypic.com/20ixd3d.jpg
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    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.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • beamerguy
    • By beamerguy 23rd Nov 16, 7:45 PM
    • 4,110 Posts
    • 4,716 Thanks
    beamerguy
    Can't help thinking that Premier Solicitors don't understand, they are entering into the realms of scammers

    Unless they wish to be part of the scam, complaints to the SRA, losing in court, getting listed on google which is not good for core business .... they should back away from the UK's biggest scam
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Zayn1
    • By Zayn1 23rd Nov 16, 10:07 PM
    • 8 Posts
    • 7 Thanks
    Zayn1
    Thank you Umkomaas.

    What should we do next? Write another letter pointing out there evidence doesnt actually show anything and we have evidence of the car park attendants allowing staff to park in the visitors car park or shall we wait for the cc documents to arrive?
    • Coupon-mad
    • By Coupon-mad 24th Nov 16, 12:52 AM
    • 40,355 Posts
    • 52,228 Thanks
    Coupon-mad
    Thank you Umkomaas.

    What should we do next? Write another letter pointing out there evidence doesnt actually show anything and we have evidence of the car park attendants allowing staff to park in the visitors car park or shall we wait for the cc documents to arrive?
    Originally posted by Zayn1
    I would respond and tell them you have video evidence that parking this way is allowed by the car park attendants. You could show them that evidence now; if it is unequivocal, it should see some hasty backtracking. Be open and honest with your evidence.

    I would then say, should their client try a small claim you will be seeking full costs when you prevail, and you believe that any Judge will be unimpressed to see blameless NHS staff having to miss a shift or suffer loss of annual leave, to attend court to answer for why their car was parked with full authority of the on foot car park attendants.

    Finally, they and their client must treat this as a section 10 Notice under the DPA. This misuse of your data for now reasonable cause has become a matter of unwarranted harassment and the continued processing of this data for that purpose is clearly in breach of the DPA principles. Give them 21 days to respond according to the requirements of a DPA section 10 Notice and should they fail to confirm that the processing has ended, you will be making formal complaints to the Information Commissioner as well as the SRA.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

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

2,968Posts Today

6,109Users online

Martin's Twitter