2 years later?!

giant08

Hello all - advice needed for elderly relatives please.
Just over 2 years ago my father-in-law took my disabled mother-in-law (registered blue badge holder) to our local retail park. He parked in a disabled bay and helped my mother-in-law into the shop she wished to visit forgetting to first put her badge on the dashboard. When he returned to the vehicle after a few minutes it had a parking charge notice on the windscreen.He could not see who had placed the PC but he immediately place the blue badge on the dashboard and entered the store to join his wife.
Now this is where it gets a little muddled unfortunately - apparently it was quite some time (they think) before they received any initial letter regarding the PC and they cannot remember after all this time if they appealed it or not but since that time have had nothing further until today when they have received a 'solicitors' letter advising that the charge is now £275 and it must be paid within 14 days or they will be taking further 'instruction' from their clients. As you can imagine for a couple now in their 80's this has come as a big shock and my mother-in-law (who is just recovering from major heart surgery) is at her wits end with worry. Any advice as to our next steps please? My father-in-law has just said 'let them take me to court' but this isn't really conducive to his poor health either. Thank you

pogofish

Yes, quite a few PPCs trawl old tickets - and legally they have up to six years to pursue you.

Which PPC and which solicitor?

Also read the Newbies Sticky - you may well find the answer to getting shot of them is in there already. Particularly as its a BB matter - a strong complaint to the retailer may be the way to move forward.

giant08

Thank you for your reply - it's UKPC and Miah solicitors. I will look at the Newbies Sticky it's just that we are due to go on holiday and I don't want the in-laws to be panicking about this whilst we are away and the so-called 'deadline' passes without them knowing what can be done.

Grimble

Just all hot air, Miah are acting as debt collectors, plenty on here about them.

esmerobbo

giant08 wrote: »

Thank you for your reply - it's UKPC and Miah solicitors. I will look at the Newbies Sticky it's just that we are due to go on holiday and I don't want the in-laws to be panicking about this whilst we are away and the so-called 'deadline' passes without them knowing what can be done.

It is UKCPS is it not?

giant08

Sorry yes it is UKCPS

Quentin

giant08 wrote: »

...... I don't want the in-laws to be panicking about this whilst we are away and the so-called 'deadline' passes without them knowing what can be done.

You can leave them written instructions should a county court claim turn up whilst you are away. (Unless you send in an "acknowledgement" you must submit an initial response + defence within 14 days of the claim being issued)


All they must do is "acknowledge" the claim (which gives you an extra 14 days to submit an initial defence), thus ensuring no vital deadline's will be missed because of your absence on holiday (assuming you aren't going to be away for more than 4 weeks).

The_Deep

This company appears to have a problem a problem with v.a.t.
If this is contractual charge, as they claim, is a parking fee, on which v.a.t. is payable. Have they accounted for vat on their paper work?



If not it becomes a breach of contract . No vat is payable but it can only enough to compensate them for losses arising from the breach, and GPEOL applies, Ask then for a vat invoice. If they ignore, (which they probably will), it is a useful stick with which to beat them if it gets to court.
More reading here

https://forums.moneysavingexpert.com/discussion/5087925=
https://forums.moneysavingexpert.com/discussion/5033796=
https://forums.moneysavingexpert.com/discussion/5195437

If you suspect tax evasion go here

https://www.gov.uk/government/organisations/hm-revenue-customs/contact/reporting-tax-evasion


Also, why not create a bit of trouble for The Miah Solicitors, who appear to be having in a most unsolicitory manner and copy all correspondence fro them to the SRA.


http://www.sra.org.uk/consumers/problems/report-solicitor.page

hoohoo

In my opinion, letters before claim should always be answered.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

I'm assuming this is a boilerplate letter from Miah similar to this one
http://forums.pepipoo.com/index.php?showtopic=101168

If not, the reply may need editing a bit

Dear MS,

I was surprised to receive your letter before claim. The last communication I received regarding this matter was two years ago.

Please therefore note that the debt is denied as I have received no information which allows me to understand your claim. Please also note that in ParkingEye v Somerfield it was ruled that a charge of £135 was probably a penalty; your charge of £260 is more than twice this amount and is therefore an unenforceable penalty. Additionally, since both Wright Hassal and Gladstone's solicitors offer the same service as you for under £20, it does not seem likely that you really have charged UKCPS £150.

Please therefore send me the following information to fulfil part 3(a) of the objectives of the pre-action conduct (exchange sufficient information to understand each other's position).
a) A copy of the contract you allege was entered into (eg copies of signage)
b) How you allege offer and acceptance took place (it is agreed a contract can be entered into by performance, but not that it happened in this case; if you claim it did, please send a map showing signage locations)
c) Any evidence that a parking charge was incurred by driver of the vehicle in question
d) Whether the charge is for (a) breach of contract, (b) trespass or a © contractual charge
If a or b, a full breakdown of costs is required. If c, a VAT invoice.
e) Whether you are pursuing the keeper under the protection of freedoms act 2012, sch 4. If so, please send copies of the notice to keeper.
f) Proof of your right to issue charges and collect monies.

I draw your attention to the recent case of ParkingEye v Beavis in the Court of Appeal and point out that your charges do not appear to be saved as a penalty by that ruling, and are therefore extravagant and unconscionable. I also note the case has been appealed to the Supreme Court.

This will at least have the effect that no claim is filed until the return from holiday.

giant08

Thank you all for your advice - as a BB holder and the car park in question being a 'free' car park I'm not sure on what grounds they could pursue this anyway? Also reading previous posts re UKCPS and Miah further action may not be forthcoming but we will certainly make contingency plans. Just makes my blood boil- my MIL has enough to cope with at the moment and then these parasites show up again..

wright4d

Hi

I have a similar situation whereby 2 years ago my son was renting a flat which had an allocated parking bay. On the weekend of him moving out he was using his mothers car and the permit had fallen of the dash (since it was not his car he did not want to stick it to the windscreen). I contacted UKCPS at the time to explain it was his parking space for his flat. They are still sending demands for payment 2 years down the line to his mother and yesterday a letter from Miah Solicitors turned up.

Any advice would be greatly appreciated.

Regards