Parking fine letter from solicitors.

Coupon-mad

1wez wrote: »

Sorry for repost in another thread, what advise would you give?

Use the template reply letter you will have hopefully already found when you searched the forum for 'Gladstones' as your keyword when you first arrived here.

1wez

[IMGs1353.photobucket.com[/IMG]

1wez

s1353.photobucket.com/user/1wez88/library/

1wez

Also the pcn online pictures show A different sign that was up at the time of the incident, when I logged on today the pictures won't show up now on the site?

Coupon-mad

So send the template reply to Gladstones that you find when you search 'Gladstones'. It's a letter you will easily find written by zzzLazyDaisy and I will not do the search because you need to use the forum so you can learn from it better, it will help you in the long run. Honestly, please search and see the other Gladstones threads.

You could add to the template letter, that the sign is clearly not creating a contractual agreement so there is no genuine fee to park 'not in accordance' (i.e. in breach) of the terms. You cannot enter into a contract to do something that is not allowed and you have pictures of the signs which existed at the time (since changed). This is known to be a business model which is not permitted for AOS members under the IPC Code of Practice. And you could add that you believe that PCN(NW) do not have a contract with the actual landowner at all, you believe they merely have a site agreement at best, with another non-landowning agent or with another agent such as PTL - and so they have no legal standing to bring any claim. If the case proceeds to court you will defend robustly on this basis and suggest they advise their client to cancel the 'charge' forthwith and cease this harassment.

We'd be happy to see & help to perfect your final draft once you've put the letter together from the template plus the above wording.

ColliesCarer

Clicky link

http://s1353.photobucket.com/user/1wez88/library/

1wez

Hi I have now put the picture of the letter I received up on photo bucket also the picture of the sign when incident happened and it's clear to see the sign is not the same as the colour and layout are differnant ?

1wez

i1353.photobucket.com/albums/q666/1wez88/Mobile%20Uploads/image_zpsafb422bd.jpg

1wez

i1353.photobucket.com/albums/q666/1wez88/Mobile%20Uploads/image_zps6061a3bf.jpg

1wez

hi coupon-mad and umkomaas
name
address


18/5/20141
ref:*************

Dear sirs

Your client: PCN(NW)LIMITED

Parking Charge Number ***********



I refer to your letter of 13 MAY 2014

Please note, this is an open letter and I reserve the right to produce it to the court at the appropriate time, should the need arise.

Firstly, I do not accept liability for the above parking charge and I have no intention of paying the money demanded by your client. Specifically, I do not accept that the charge demanded is in any way shape or form a genuine pre-estimate of loss. Further, I do not believe that your client has legal standing to pursue an action against me in its own name, since any loss (which is denied) would be the landholder's in any event. I am sure that you will have advised your client as to the recent cases in which parking companies have had similar claims dismissed owing to having no locus to bring a claim. For the above reasons, any court proceedings in connection with this matter will be vigorously defended.

Second, should it be your client's intention to start court proceedings, you must first provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct. Your letter clearly does not meet those requirements.

In particularly your attention is drawn to the Practice Direction requirement to utilise an appropriate form of ADR before starting court proceedings. In the circumstances I invite your client to refer this dispute to the Parking On Private Land appeals service ("POPLA"), which is the appropriate form of ADR set up by the parking industry for this precise situation.

Please note: Notwithstanding the fact that any decision of POPLA is legally binding on the parking company, and not the motorist, in the spirit of exploring an amicable resolution of this dispute, I am willing to give an undertaking to be bound by the decision of POPLA, thus ensuring that this case will not proceed to court.

A referral to POPLA will avoid your client incurring the fees and expenses set out in your letter, and perhaps more importantly will reduce the burden on the court (which, as you will be aware, is the reason for this Direction). Please do not seek to rely on any deadlines imposed by your client as POPLA has confirmed that it does not impose any time limit on an appeal to POPLA, and all that is required is for your client to issue a POPLA code.

I would also remind you that a failure and/or refusal by your client to agree to my offer of both parties abiding by a POPLA decision would be clear evidence of your client's failure to mitigate its alleged loss.

Should your client reject my offer to refer this dispute to ADR and instead chooses to instruct you to issue court proceedings, I shall invite the court to stay the case and make an order referring the case to POPLA. Further I shall strenuously resist any application for costs that your client may wish to make, owing to its failure to mitigate, and shall instead make an application for my own wasted costs according to the provisions of Schedule 4 of the Practice Direction and CPR 27.14.

In the meantime, and in the absence of a compliant Letter Before Claim, you should place a note on your file to the effect that this charge is disputed and your firm is required to cease and desist all further contact with me. For the avoidance of doubt, the same applies to the debt collection agency, referred to in your letter.

Finally, please also note that should your firm issue court proceedings on behalf of your client, without first complying with all steps set out in the Practice Direction on pre-action conduct, I shall make an immediate complaint to the Solicitors Regulation Authority for breach of the Principles contained in the SRA Handbook version 8, published on 1st October 2013.

Lastley i may add the parking sign shown is clearly not creating a contractual agreement so there is no genuine fee to park ' not in accordance'(i.e breach) of the terms. I cannot enter into a contract to do something that is not allowed and i have pictures of the sign which is also shown on the PCN notice online which existed at the time but has since been changed. This is known to be a business model which is not permitted for AOS members under the IPC code of practice. I also believe that PCN(NW)limited do not have a contract with the actual landowner at all, i believe they merely have a site agreement at best, with another non-landowing agent or with another agent such at PTL and so they have no legal standing to bring any claim.If the case proceeds to court you will defend robustly on all of these basis and suggest they advise their client to cancel the 'charge' forthwith and the harassment .

I trust that I have made myself clear, and I suggest that you take your client's further instructions.

Yours faithfully

Wesley alexander

is this ok?