Court action pending

Sunshine1187

Hello everyone,
I work in a hospital and in July I was issued a parking ticket as I parked in a visitor space rather than a staff space. I've been ignoring the letters coming through demanding money on the advice of my colleagues but have now been threatened with court action. I'm getting a bit jittery so thought I'd ask on here what people think.
I wanted to upload a copy of the photo but can't work out how to.
The letter is from newlyn debt collectors and reads:

DO NOT IGNORE THIS LETTER-COURT ACTION PENDING
Parking charge details - hospital name
Total outstanding - £106
We are instructed to recover the above sum arising from a parking charge Notice issued by our clients legion parking services.
You are formally advised that unless payment is received within 14 days, proceeding will be initiated in the County Court where a judgement may be obtained. The count court judgement (CCJ) May then be enforced by a court appointed bailiff which will incur substantial costs. It is therefore in your interest to pay immediately.

Any help would be gratefully appreciated as I'm really not sure what to so anymore

Thank you

The_Slithy_Tove

You colleagues' advice was wrong - you should have appealed. Probably too late now. Although it may still be worth telling the PPC who issued the ticket that they have suffered no loss as you pay to park (if that's the case), and if they disagree, they should issue you a POPLA code to let them decide.

Newlyn are not in a position to start court proceedings, so they can safely be ignored, or told where to go. Does it really say proceedings will be initiated, or do they actually use the word may?

Umkomaas

You do need to have a good understanding about what all this stuff is about. We recommend all newbies to read, what is, the most comprehensive advisory you will find anywhere on line. It has been painstakingly drafted by Coupon-mad who is one of the foremost on-line Private Parking Experts.

So do have a read here (the NEWBIES sticky), particularly the section on Debt Collectors (which is the stage you find yourself now). But you might want to start with the link in the sticky to my 'Walk Through' which will provide a quick overview of most things.

https://forums.moneysavingexpert.com/discussion/4816822

If you want to know the chances of being taken to court by the PPC (debt collectors can't issue claims), then read here and search for Legion (aka OCS).

https://www.whatdotheyknow.com/request/179544/response/444525/attach/3/A%20FINAL%20REPLY%20TO%20LEWIS%2085865.doc

I'd also be asking your friends if they will write your court defence, seeing as they seem to believe they have some expertise in private parking matters (not that it's going to happen).

Stroma

A couple of questions

1) is this England or Wales ?
2) are you the registered keeper?

Thanks

Sunshine1187

Hi, thanks for the replies. I wrote the letter word for word. It says WILL be initiated in the county court where a judgement MAY be obtained. But how can they say WILL if you say debt collector can't take you to court?

Arghhhh this is turning into a nightmare. I do pay to park but was in the wrong place one day when I was late. I will write to legion and see what happens. They could technically say they lost £4 as that's the daily rate for parking in a visitor space and I should have paid that.

I will look through the newbie thread but some of it gets a bit technical. Thank you for your replies

Sunshine1187

Stroma wrote: »

A couple of questions

1) is this England or Wales ?
2) are you the registered keeper?

Thanks

England and Yes I am.

Sunshine1187

Umkomaas wrote: »

If you want to know the chances of being taken to court by the PPC (debt collectors can't issue claims), then read here and search for Legion (aka OCS).

.

Legion / OCS Don't appear on that list?!

Stroma

Sunshine1187 wrote: »

Hi, thanks for the replies. I wrote the letter word for word. It says WILL be initiated in the county court where a judgement MAY be obtained. But how can they say WILL if you say debt collector can't take you to court?

Arghhhh this is turning into a nightmare. I do pay to park but was in the wrong place one day when I was late. I will write to legion and see what happens. They could technically say they lost £4 as that's the daily rate for parking in a visitor space and I should have paid that.

I will look through the newbie thread but some of it gets a bit technical. Thank you for your replies

It's pointless writing to them as they will reject any offers. I would just wait and see if they send you a compliant letter before claim. Look at the newbie thread in how to do that

Redx

The_Slithy_Tove wrote: »

You colleagues' advice was wrong - you should have appealed. Probably too late now. Although it may still be worth telling the PPC who issued the ticket that they have suffered no loss as you pay to park (if that's the case), and if they disagree, they should issue you a POPLA code to let them decide.

Newlyn are not in a position to start court proceedings, so they can safely be ignored, or told where to go. Does it really say proceedings will be initiated, or do they actually use the word may?

I would do this in the meantime , as if you dont ask, you dont get, it would also look better at court if you had tried to settle by mediation, in this case by popla

its also worth asking the landowner to cancel the charge too, as that is the fastest and best way to close a case

if you ever do get a popla code, come back on here for help with the wording , similar to this template here https://forums.moneysavingexpert.com/discussion/4816165

the trick here is to beat them at their own game, not get emotional about it

ps:- your colleagues dont know jack s*** and I agree that they should pay this due to their useless advice

Half_way

could you provide a link or a copy of your hospitals parking policy?
also what parking company is this?

also take a look at the parking prankster s blog, and the articles on burton hospital, and parking eye

Umkomaas

Sunshine1187 wrote: »

Legion / OCS Don't appear on that list?!

Precisely