Parkingeye - letter before county court claim

Dave92en

Hi all, first time i've posted for advice so be nice!

Anyway, I've had a few parking tickets in the past from other companies and ignorance has always got them to stop harrassing me in the past. But i got this letter this morning and thought I'd google it just to be sure as I hadn't seen this before, I now know that the advice to ignore has changed since my last ticket.

Basically, parkingeye have sent me a LETTER BEFORE COUNTY COURT CLAIM letter, claiming if i don't pay in 14 days court papers will be issued.
It was at a hospital whilst a family member was in palliative care. Over the course of 3 days in the hospital, getting change for parking was the last thing on my mind.

So what is my best course of action now?
I have had no communication with them as of yet and will not until I have read your advice.

Thanks
Dave.

HO87

Don't panic but don't allow the grass to grow under your feet either.

Take yourself off directly to read Lazydaisy's thread guiding you in how to respond to Letters Before Action.

Once you've come up with a draft post it back here and we'll critique it for you.

Dave92en

Thanks, I'll read over that now and come back here with a draft.

Dave92en

OK I have drafted a letter to them based on post #6 of that thread.
Be nice, its the first formal letter I've ever had to write! (Growing up eh?!)

Dear Sirs

Re: LETTER BEFORE COUNTY COURT CLAIM dated [21/03/2014]

I am writing to acknowledge receipt of the above letter.

I have examined the practice direction, as you have advised on the second page of the letter.

The letter clearly states that "this letter before country court claim is fully compliant with the practice direction on pre-action coduct." This is clearly not true.

I beleive that a legal department staffed by trained solicitors should be able to produce a letter that actually does comply with practice direction. I am confused as to why I, with no legal training, should be required to inform you what practice direction dictates should be included in the letter before action.

I am requesting that a compliant letter be sent so that i can myself deal with my own obligations under the practice direction.

I will attach an extract from the practice direction that deals with your requirements for the letter before claim so to avoid any more confusion.

Another issue I would like to raise is what you stated about POPLA in your letter. Nowhere on the POPLA website does it state that POPLA cannot be used after 28 days. Also nowhere in the BPA code of practice does it state this. What is true however is that you have chosen to stick to your OWN 28 day deadline.

I remind you that the court has powers to apply sanctions for not complying with the practice direction, paragraph 4.
I expect to receive a fully compliant letter before claim within 14 days. If this is not received I will be seeking assistance of the court.

Please do me the courtesy of reading and replying to this letter and not to send me a generic FAQ letter in response.


Yours faithfully
==========================================
Extract from Practice Direction
Annex A

2. Claimant’s letter before claim

2.1
The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include –

(1) the claimant’s full name and address;
(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable);
(3) a clear summary of the facts on which the claim is based;
(4) what the claimant wants from the defendant;
(5) if financial loss is claimed, an explanation of how the amount has been calculated; and
(6) details of any funding arrangement (within the meaning of rule 43.2(1)(k) of the CPR) that has been entered into by the claimant.

2.2
The letter should also –
(1) list the essential documents on which the claimant intends to rely;
(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;
(3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and
(4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see.

Thanks in advance.

Coupon-mad

'country court'

should be

'county court'

Also was the driver someone else, not the keeper? If so you know you can rewind the clock so 'the driver' can appeal?! See the NEWBIES thread at the top of the forum.

Finally add the info 'it was at a hospital whilst a family member was in palliative care and we have now complained to the Facilities Manager and PALS. This ticket is related to no loss anywhere near the amount of your parking charge and is unwarranted harassment of a vulnerable family which needed to be in attendance at the hospital over a protracted period of time.'

And do complain right now, urgently and forcefully, to the Facilities Manager and PALS!!

See the 'Successful Complaints about PPCs' sticky thread in Crabman's parking sticky links (top of this forum) which has the details about PALS in post #3 and links to loads of cancelled PE tickets in post #1. Some Hospital ones liked there to learn from - act urgently and assertively to do ALL you can to resolve this now, before court, as PE can cancel it. Don't JUST send that letter, there is so much more you can do this week and it could be cancelled in days.

Dave92en

Hi Coupon-mad, thanks for the proof read.

I have changed the spelling error and added in the information about the circumstances.
I also will complain to the hospital in question tomorrow. Is this best to do in person? Who should I speak to?
I also will complain to PALS whilst at the hospital, I understand you can make the complaint on-site.
How should I send the letter I have drafted, via email or pidgeon post?

Thanks for all your help!

Coupon-mad

Hospital complaints about fake PCNs = Facilities Manager or Patient Services Manager. This is what comes up each time in the 'Successful Complaints' links that I have collated in the sticky thread of that name (in Crabman's top post).

I would send the PE letter, snail mail 1st class with FREE cert of posting (NOT recorded!). Remove your name from that post above...