Control Account Letter Before Claim

BrizzleSam

Hi All,

I've just received a letter before claim from a company called Control Account in respect to an alleged parking incident with Euro Car Parks earlier this year. I have been sent this letter as registered keeper of the vehicle along with others before demanding payment, both from Control Account and also Euro Car Parks themselves.

I've read the sticky about these letters :T and it appears that it does not comply with the PD. However, it was actually my wife who was the driver of the vehicle on the day in question and there was no ticket on the windscreen. Although on a subsequent stay in the car park after the date of the alleged incident, my wife received did receive a ticket on the windscreen, which she paid to Euro Car Parks directly without my knowledge.

I understand that I can reset the clock on the PCN by identifying her as the driver and that I should probably go that way. But I am also wondering if her payment of the other ticket will make any appeals harder to achieve a succesful result in.

Please could you advise me, I can probably put up photobucket images of the letters if you need to see them.

Thanks in advance,

Sam.

Stroma

You've paid, so the chances of getting your money back is about zero! What I don't understand is that if you've paid why are debt collectors chasing you ?

BrizzleSam

There were two tickets... One on the windscreen (which my wife paid) and one for an earlier date, which just came through the post to me as registered keeper of the vehicle

I know I'll not get the money already paid back, but just wondering where it leaves me in respect to this other ticket.

Sorry should have made it clearer!

The_Deep

deleted Sam has pre-empted me.

Stroma

Okay it's me not reading the post properly

In terms of the unpaid one

1) did you get the Notice to Keeper within days 29-56 of parking?
2) have you contacted anybody in this?
3) is it England or Wales ?

Thanks

Coupon-mad

BrizzleSam wrote: »

There were two tickets... One on the windscreen (which my wife paid) and one for an earlier date, which just came through the post to me as registered keeper of the vehicle

I know I'll not get the money already paid back, but just wondering where it leaves me in respect to this other ticket.

Sorry should have made it clearer!

I think you will get the money back if you play your cards right.

You said in another post that your wife was pregnant. As such, she was/is covered by the Equality Act 2010 and it is illegal to treat her unfavourably or cause her 'any detriment' for something related to her condition. Overstaying when shopping because she was slower due to pregnancy (stopping to use the loo or eat or drink or rest for example) is not something that a 'service provider' can legally penalise her for. Not that penalising people is ever legal of course.

Service providers in this case include Sainsburys and their parking agent. Both guilty of indirect sex discrimination due to the 'blanket policy' of a time limit.

Send a ranting letter, akin to the Morrisons one I wrote for someone in a similar situation, to the CEO of Sainsburys and copy in Euro Car Parks, citing both ticket numbers. In the Sainsburys version show them the harassment you are getting and make it clear that your wife is actually out of pocket she was duped into paying one.

The complaint letter is linked in the 'Successful complaints about PPCs' sticky thread under Morrisons (ParkingEye) in the first post. Use words very similar to the version I wrote as you MUST make it clear this is actually indirect sex discrimination, under the maternity protection granted by the Equality Act 2010.

Let us know the response. And tell your wife NEVER to pay one of these! :eek:

BrizzleSam

Thank you Coupon-Mad. I have already put in a complaint on Sainsbury's FB page and instead of the generic reply some have received on Aldi's FB page when adopting the same tactic, I seem to have got an actual human repsonse. I actually might be getting somewhere, but I think I shall follow your advice and send a letter to back it up to the CEO of Sainsburys along the lines of your composition. My wife cannot recall the date of the other ticket (the one she paid), but I'm hoping that a quick call to Euro Car Parks might be able to get the required info.

Thanks again...

Coupon-mad

To be honest I would put it all in Sainsburys court to find out the other ticket number and refund it if they want to retain you as customers, bearing in mind that your wife could choose to sue both parties under the Equality Act...and it would easily be for a few hundred in damages, not £50 or whatever they scammed out of your wife.

BrizzleSam

Latest is I've just had a message back from Sainsburys on their FB page and they've said:

"I've spoken with our colleagues regarding this. Unfortunately, we can't prevent this action being taken as it is now out of our hands. However, if you pay the fine and come back to us with the proof of payment we can arrange a gesture of goodwill towards to cost of the charge."

Well I've left them in no uncertain terms on the FB page that I will be paying nothing and that I shall be writing a letter of complaint to their CEO Justin King along the lines you've suggested. I just wondered if I should also reset the clock with Euro Car Parks by identifying my wife as the driver as I've received that LBC (albeit probably defective!)? I also wondered if the 14 days to acknowledge this LBC applies from the date on the letter, as it was some days from this date before it dropped through my letterbox.

Coupon-mad

How dare Sainsburys react in such a useless way to a customer complaint? It is NOT a fine and Sainsburys have been told that before! Read this from 2009, it's amusing:

https://forums.moneysavingexpert.com/discussion/1966977

Have a look at the ranting complaint I wrote to Morrisons' CEO about ParkingEye which I linked in the 'Successful complaints about PPCs' sticky thread, and use a version just as assertive! It would be fairly easy for you to use/amend that complaint letter, as I said before, as it was written about a pregnant lady accused of 'overstaying' too.

And yes as long as this was a postal PCN then the driver has not had a chance to appeal and you can choose to give the name and address of the driver (but send it to ECP not just their debt collector) and word it as zzzLazyDaisy does in various threads (e.g. there's a version in ordinaryJoe's thread). All parties need to know as well that this is discrimination and they had better stop digging.

BrizzleSam

Letters finished, printed and ready to post tomorrow. I couldn't believe the rubbish response from Sainsbury's on the FB page!!! :eek: I just hope that their CEO will view this differently...

Thanks for all your help Coupon-Mad!!! :beer:

The second of the tickets, the unpaid debt collector letter accumulating one, was a direct maildrop PCN, so will contact Euro Car Parks by post as zzzLazyDaisy suggests to give the name of the driver and reset the clock so to speak...