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  • FIRST POST
    • Robert17c
    • By Robert17c 10th Mar 17, 1:04 PM
    • 5Posts
    • 1Thanks
    Robert17c
    PCS Parking Help please
    • #1
    • 10th Mar 17, 1:04 PM
    PCS Parking Help please 10th Mar 17 at 1:04 PM
    My friend had a private parking ANPR ticket for £60 from PCS and nominated me as the driver (correctly) and I duly received the same ticket. I sent them £35 with a covering letter which reads:


    I refer to the Parking charge Notice above.


    I was parked for 2 hours late on a Saturday evening whilst having dinner at the Metro opposite. I have pleasure in attaching a cheque for £35, which is the standard charge for a parking ticket in South Bucks, and is considerably more than the reasonable charge the 2012 Protection of Freedom Act calls for.


    PCS have replied that they received my payment but that the account has progressed and the amount outstanding is £65 and must be paid within 14 days. I am prepared to go to court over this, but would GREATLY appreciate opinion as to whether I am likely to win the case!!!
Page 1
    • Coupon-mad
    • By Coupon-mad 10th Mar 17, 1:18 PM
    • 48,322 Posts
    • 61,785 Thanks
    Coupon-mad
    • #2
    • 10th Mar 17, 1:18 PM
    • #2
    • 10th Mar 17, 1:18 PM
    The Protection of Freedoms Act, Schedule 4 doesn't apply to you though because you are a named driver. It only applies to registered keepers and it doesn't set any ceiling for the sum of a PCN. Which original parking firm was it, not PCS, they are a debt collector! Look hard at the small print and tell us who their 'client' is.

    Did they cash the cheque? Hope not. You did not have to pay but which PPC is it?
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Robert17c
    • By Robert17c 10th Mar 17, 2:25 PM
    • 5 Posts
    • 1 Thanks
    Robert17c
    • #3
    • 10th Mar 17, 2:25 PM
    • #3
    • 10th Mar 17, 2:25 PM
    Wow, thanks for the swift response. The client is ANPR Parking Services. They cashed my £35 cheque. They say they will pursue the balance (£65) and will recommend court action to the client, drawing my attention to Bracken v Billinghurst [2003].
    • pappa golf
    • By pappa golf 10th Mar 17, 3:03 PM
    • 7,172 Posts
    • 7,270 Thanks
    pappa golf
    • #4
    • 10th Mar 17, 3:03 PM
    • #4
    • 10th Mar 17, 3:03 PM
    if they go to court (ANPR not PCS) it will be a first for them http://www.bmpa.eu/companydata/ANPR_Parking_Services.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.
    • Robert17c
    • By Robert17c 10th Mar 17, 3:46 PM
    • 5 Posts
    • 1 Thanks
    Robert17c
    • #5
    • 10th Mar 17, 3:46 PM
    • #5
    • 10th Mar 17, 3:46 PM
    Many thanks PG , that's re-assuring. Is there any point in writing to Ms Ferguson (director of ANPR) and asking them to accept my £35 is full and final payment...my thinking being it might prevent a load more dunning letters ?
    • Redx
    • By Redx 10th Mar 17, 3:54 PM
    • 14,790 Posts
    • 18,604 Thanks
    Redx
    • #6
    • 10th Mar 17, 3:54 PM
    • #6
    • 10th Mar 17, 3:54 PM
    I doubt that anything will prevent the stream of letters other than paying them their demands in full (which we do not recommend)

    once they have a fish on the hook, they want their pound of flesh as well as the side order , that is the whole point of the private parking sc@m industry

    they rack up invoices like confetti and hound people for up to 6 years, sometimes issuing court action , its their business model (not parking , parking is their pretend occupation)
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 11th Mar 17, 9:16 PM
    • 48,322 Posts
    • 61,785 Thanks
    Coupon-mad
    • #7
    • 11th Mar 17, 9:16 PM
    • #7
    • 11th Mar 17, 9:16 PM
    Wow, thanks for the swift response. The client is ANPR Parking Services. They cashed my £35 cheque. They say they will pursue the balance (£65) and will recommend court action to the client, drawing my attention to Bracken v Billinghurst [2003].
    Originally posted by Robert17c
    I know I am not legally qualified but excuse me while I chuckle at them citing that case:

    http://www.adjudication.co.uk/archive/view/case/202/bracken_v_billinghurst_%5B2003%5D_ewhc_1333_(tcc)

    By my understanding, i seems to me that:

    A sent a cheque as full & final settlement, and the fact B cashed it, gave A a complete defence against a claim for more money.

    ''The Court held that the letter written by the solicitors was only capable of one construction. It was a counter offer, made by a third party, and the presentation of the cheque constituted the clearest acceptance of that counter offer... In the circumstances, Billinghurst had a complete defence to Bracken's claim. ''

    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Robert17c
    • By Robert17c 16th Mar 17, 2:57 PM
    • 5 Posts
    • 1 Thanks
    Robert17c
    • #8
    • 16th Mar 17, 2:57 PM
    • #8
    • 16th Mar 17, 2:57 PM
    Thanks Coupon-mad. I sent this off today. I'll report back on the outcome in due course.




    Ms Michelle Ferguson
    ANPR Parking Services Ltd
    Unit 3 Metro Centre
    Dwight Road
    Watford WD18 9HG





    Dear Ms Ferguson,




    [U]Parking Ticket Ref APS00





    I am writing to you in your capacity as director of ANPR Parking Services Ltd (ANPR). I refer to the parking ticket above and subsequent correspondence with Parking Collection Services (PCS) who are acting for you. Please note as follows:

    1. The ticket is in connection with 2 hours parking in the NatWest Bank car park on a Saturday late evening in January. No inconvenience or costs were incurred by the staff or customers of the bank since it had closed some hours earlier.
    2. No Parking ticket was placed on the vehicle and none received from ANPR subsequently by the registered owner or myself.
    3. A request for payment of £60 was made to the registered owner on 20th January 2017. She responded notifying PCS that I was the driver of the vehicle when the vehicle was parked.
    4. A request for payment of £60 dated 9th February 2017 was sent to me by PCS. I did not receive this request until my return from holiday, and wrote to PCS on 21st February 2017 (see attached). I attached a cheque for £35 with an explanation as to the circumstances.
    5. This cheque was cashed and so I assumed that my explanation was accepted and that was the end of the matter.
    6. I have subsequently received a further letterdated 6th March 2017 from PCS demanding payment of an additional £65. The reason given was that " the account progressed" due to incomplete payment.
    Please note further:

    I have no intention of making further payment in this matter either to PCS or ANPR.

    1. If you wish to pursue the matter you will need to instigate court action against me and be aware that I will defend the case.
    2. In view of the foregoing, please instruct your agents PCS to send me no further requests for payment.
    3. If I receive any further requests for payment from PCS (or any other third party acting for you) I will regard this as harassment and I will take legal advice regarding an injunction and claim for damages against you.
    4. I am copying this letter to PCS and the manager of NatWest Bank in Amersham.


     


     


     


     











    Last edited by Robert17c; 20-03-2017 at 4:09 PM. Reason: deleting PCN number
    • pappa golf
    • By pappa golf 16th Mar 17, 3:17 PM
    • 7,172 Posts
    • 7,270 Thanks
    pappa golf
    • #9
    • 16th Mar 17, 3:17 PM
    • #9
    • 16th Mar 17, 3:17 PM
    and the manager of NatWest Bank in Amersham.??

    Natwest PAID them to keep the car park clear , why should they assist or be on your side?
    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.
    • Redx
    • By Redx 16th Mar 17, 5:46 PM
    • 14,790 Posts
    • 18,604 Thanks
    Redx
    and remove the pcn number and the VRM details from your post
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Guys Dad
    • By Guys Dad 16th Mar 17, 8:01 PM
    • 9,995 Posts
    • 9,061 Thanks
    Guys Dad
    You have admitted the "offence" so they don't have to prove much, should they make their first visit to court.

    They have t&c for parking with the charge for breaking these t&c. You can't arbitrarily decide how much you want to pay, I am afraid.

    I hope they give up, though, as that is the best financial decision for them.
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