Ukps (nw) pcn

Crabman

JetSetter wrote: »

Thank you Daisy, that's really helpful.

Sorry, I'm not used to posting on forum's ans wasn't sure how to go about updating info or whether I should start a new thread.

And thank you to Crabman in advance for merging my threads - do I need to do anything else?

No need to apologise at all, we're here to help. :cool:

Thanks Daisy for letting me know

Coupon-mad

http://s1348.photobucket.com/user/Jetsetters5/media/AAA1/20131107_085210_zpsbdfb0866.jpg.html?sort=3&o=0

Just to show everyone the link; a 'something & nothing' debt collection letter but from a solicitor called Ellen Court Partnership.

zzzLazyDaisy

Yes there are a few of these solicitor 'debt collection services' springing up.

It is important to realise that while that particular type of letter is a 'something and nothing' debt collector letter, unlike traditional debt collection agencies, there is a very high prospect that solicitors WILL move to a Letter Before Claim as the next step in the chain and then to court, as a seamless process, as that is their business.

JetSetter

Hello.
Just when I hoped it had all gone quiet, we've received this - link below.

1348.photobucket.com/user/Jetsetters5/library/ECP2

If we do need to defend this, the car park in question was manned daily by a 'warden' who issued a raffle ticket for parking. On the day in question, there was no warden, no barrier and no sign visible that the car park was closed. The parking fee would gladly have been paid on the day, had there been anyone to take the payment, or indeed if there had been a barrier preventing parking. Other work colleagues apparently advised that they always park there without any problem, even when the warden wasn't there.
Surely all this hassle over this must count as harrassment? This has been going on now for over a year!!

Thank you for any advice on the next step.

Coupon-mad

So this was the previous letter that Daisy helped you reply to:

http://s1348.photobucket.com/user/Jetsetters5/slideshow/AAA1?sort=3

and now you have this response:

http://s1348.photobucket.com/user/Jetsetters5/library/ECP2?sort=3&page=1

I would respond like this:






[Insert their reference number: xxxxxxx ]

Dear Sirs

Parking Charge Number xxxxx

I refer to your letter of [insert date], and earlier correspondence.

You are writing to me as registered keeper and I would presume that you have in your files, true copies of the barrage of unsolicited mail sent to me by UKPS(NW) and their various agents.

One would also assume that, before pursuing this matter for a client, any respected firm of Solicitors would have rigorously checked that these clients had at least made an attempt at complying with the strict, statutory procedures required to establish 'registered keeper liability'. As far as a Notice to Keeper is concerned, the requirements are as defined within paragraph 8 of Schedule 4 of the PoFA2012.

I am astonished to be informing a firm of Solicitors about a matter of law. Even the most basic checks would have revealed why, as registered keeper, I have robustly denied liability and why, at first, I exercised my right to ignore the mounting pile of letters of unjust harassment from various unidentified firms, none of whom have any title in the car park in question. All such letters were considered to be no more than junk mail at first, but from my point of view this has now become harassment.

Quite apart from the omission in the 'Notice to Keeper or Hirer' of almost all of the statutory wording required for a compliant Notice to Keeper, I would point out that I received this first letter in mid-March 2013. However, the parking charge date given was 25th November 2012, over three months before. A Notice which is to be relied upon as a Notice to Keeper following an alleged PCN must be served on the registered keeper between day 29 and day 56 after the parking event or the Notice is not properly given. Your clients have completely failed to establish 'keeper liability' under Schedule 4.

With the single exception of a letter confirming cancellation, if I hear any more whatsoever about this 'charge' I will:

- report UKPS(NW) to the BPA Ltd and the DVLA for non-compliance with POFA2012 and breach of the BPA Code of Practice, and

- report Ellen Court Partnership to the Solicitors' Regulatory Authority, and

- report any further contact from any debt collector or any agent of UKPS(NW) to such agencies including the Credit Services Association, the Financial Ombudsman and the Office of Fair Trading.

I require you to communicate to your client that they must cease and desist from all communication with myself regarding this 'PCN'. You must now inform your client that I am keeping a list of my costs so far in responding to this spurious matter. For the avoidance of doubt, this persistent correspondence is wholly unreasonable and vexatious and I intend to lodge a MCOL against UKPS(NW) for a sum not less than £250 damages if they continue with this unjustified harassment. No further notice will be given and I will not enter into any further correspondence prior to instigating court proceedings.

All parties will also be the subject of an official complaint to the Information Commissioner if I have reason to suspect my data is being used or stored beyond the ten days (beginning with the date of this letter) that I am now giving UKPS(NW) to confirm cancellation of this charge.

Yours faithfully

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