Urgent: Impending commencement of formal civil court proceedings

hazzlewis

Hi guys,

I read several threads on this forum at the time of receiving my Parking Charge Notice (PCN) from Total Parking Solutions (TPS) earlier this year (approx march 2014). At the time of looking I saw a lot of advice to ignore, and have now since read how this advice has changed. So up until now i have been ignoring everything.

I received the PCN while parking at my university without a permit. I received a warning about it before, and this is the second time i've been caught (rumour around campus was that TPS never issued a PCN - only ever warnings) but the first PCN which has been issued.

I was the driver, and am the registered keeper (although the address is my parents' address - different to my current address) and received a 'wind-shield fine' at the time. I subsequently at some point received notification that due to admin/legal fees the charge was increased from whatever it was before (£75 or something) to £110. I don't have access to any of the prior letters (or PCN itself) i've received since I'm a long way from my parents' address and don't have long to act. Even if i was able to look for the letters i'm unsure i'd be able to find them.... The latest letter (see below) was scanned and emailed across from my father.

This is where it gets ugly.

I just received a letter from Premier Solicitors that reads:

Dear Sir I Madam,

Re: Outstanding Parking Charge Notice XXXXXXXX

Further to our Letter Before Claim in this matter dated 02.06.14, we note that no response or payment has been received from you.

Accordingly, if payment in the sum of £110.00 is not provided immediately, or in any event within the next 7 days (Ie by 16 September 2014), then we have been instructed to commence formal Civil Court Proceedings against you.

Such Proceedings will be issued without any further reference to you and will also include claims for interest, fixed legal costs and Court fees, thus increasing the amount payable.

We therefore trust that you will make the required payment to us before the deadline stated above.

Should you be in any doubt about the content of this letter or the implications for you, then we respectfully suggest that you seek independent legal advice.

Otherwise, we look forward to receiving payment from you by 16 September 2014

Yours faithfully

Premier Solicitors

I feel like I MAY have received the LBA they refer to, but can't remember- and can't find one, and DEFINITELY didn't respond to it (nor have i responded to any prior letters regarding the PCN)

Obviously it is too late to appeal, and too late to go down the Practice Direction defence road....

Do I have any options left open to me?

Or should I cut my losses and pay £110 to avoid risking a day in court and possibly further loss?

Is there any response I can issue to delay proceedings so that I can make an offer lower than the requested £110?

Eagerly awaiting your advice,
H


EDIT:
I am also going to be out of the country from the 14th to the 20th of this month, so my ability to receive any written replies from the solicitor will be impeded. I don't know how this should affect my action from hereon.

pogofish

Start by reading the Newbies Sticky carefully. All your options for seeing this off are outlined there.

Guys_Dad

Well yoiu could write back and ask for a copy of their LBCC as you did nt receive the first one.

99% guarantee it isn't compliant with the mandatory inclusions of a LBCC.

Chances are they are paper tigers, though.

hazzlewis

pogofish wrote: »

Start by reading the Newbies Sticky carefully. All your options for seeing this off are outlined there.

To note, this is 2+ months after the LBA was allegedly issued. Couldn't find anything for that in the newbies sticky!

hazzlewis

Guys_Dad wrote: »

Well yoiu could write back and ask for a copy of their LBCC as you did nt receive the first one.

99% guarantee it isn't compliant with the mandatory inclusions of a LBCC.

Chances are they are paper tigers, though.

The letter header contains an employee's email address.... Should I contact there to ensure the reply gets there in time?

Also the PD requires that I reply to the LBA within 14 days. So surely I cannot pursue that defence?

The_Slithy_Tove

hazzlewis wrote: »

The letter header contains an employee's email address.... Should I contact there to ensure the reply gets there in time?

Whatever you do, do not phone anyone. Always stick to writing.

hazzlewis

The_Slithy_Tove wrote: »

Whatever you do, do not phone anyone. Always stick to writing.

Okay will do, thanks.

Also, i'm leaving the country on saturday morning for 7 days so won't be able to receive any replies by post nor possibly by email if i cant get any mobile data when i'm away.

Adding this info to my original post...

hazzlewis

I am about to email the following to the contact given in the letter:

Removed

Is that okay to send or does anyone have any pointers or advice?

pogofish

hazzlewis wrote: »

To note, this is 2+ months after the LBA was allegedly issued. Couldn't find anything for that in the newbies sticky!

Posts 1,2 and 5 are relevant,

Redx

some other links below, some of which lead to the STICKY THREADS here by coupon-mad (as SRM)

http://forums.pepipoo.com/index.php?showtopic=90496

http://forums.pepipoo.com/index.php?showtopic=78889

ps:- the advice on here since MARCH 2013 is DO NOT IGNORE, so definitely not this year

hazzlewis

Redx wrote: »

ps:- the advice on here since MARCH 2013 is DO NOT IGNORE, so definitely not this year

Thanks, and yeah i realise now that i was looking at search results and not any recent posts. I guess I wasn't to know that the advice would change !

EDIT:

These are threads I've already read. In this case, the LBC has already been issued and i have left it too late to respond in compliance with the PD. Do you have any advice that applies to my case?