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Umkomaas

picardygirl wrote: »

Thanks. I've emailed the BPA, hopefully I will get a reply.

So I assume the next stage would be a "letter before action", is this a last attempt at getting the money before legal action starts? Where could this end up? Court? Could the costs spiral if we lost at court?

You won't get any useful reply from the BPA as London Parking Solutions is an IPC member. London Parking Security is a BPA member - but no connection.

You're at debt collector stage - see advisory post #4 in the newbies sticky on dealing with debt collectors.

Where this will end up, no one can guarantee anything. The PPC (not the debt collectors because they can't) has up to 6 years to pursue this to court.

LPS try the occasional court case, but fewer than 1% of their tickets end up in court. See their record here:

http://www.bmpa.eu/companydata/London_Parking_Solutions.html

You can't tell from the figures what type of cases these were. Possibly multiple tickets where it might have been worth their while financially, given they would incur some unrecoverable expenses in pursuing at court.

For a single ticket, the likely cost of a loss to the defendant - £100 (original charge), £25 (court filing fee), £50 (claimant's solicitor costs capped at £50) and a bit of travelling costs for the PPC - so around £200.

Cost of bringing court action to the PPC would be in the region of £300.

Do the math (as they say in the USA!). :cool:

picardygirl

Herzlos wrote: »

costs can go up by about £50 if you lose at court, but you stand every chance of winning and getting your own costs back.

You think we may have a case then Herzlos, I know noone can predict what could/would happen but really do feel that we tried to appeal the PCN and have been mis-guided (stupidity on our part i know).

So please excuse my naivete, what happens after a letter before action comes? What do they normally say? Pay now of see you in court type of letter?

Redx

more or less, then they issue an MCOL if they want to take it to small claims court, so you get court papers from Northampton or Salford

think Judge Rinder but without all the made for tv jibes and jokes etc

Umkomaas

picardygirl wrote: »

You think we may have a case then Herzlos, I know noone can predict what could/would happen but really do feel that we tried to appeal the PCN and have been mis-guided (stupidity on our part i know).

So please excuse my naivete, what happens after a letter before action comes? What do they normally say? Pay now of see you in court type of letter?

You are more than overthinking this. Wait until you see what (if anything) you get. There's nothing you can do at this stage to change the course of what they might decide to do. You (or more specifically your son) are now 'in the game' and you'll have to ride it out if you don't want to pay. There is no magic wand to wave unfortunately.

But this is not suggesting you pay anything. Plenty of people are in the same 'game' as you and are riding it out.

picardygirl

Umkomaas, i am definitley guilty of overthinking it, i overthink everything

Thanks for your help and thoughts, Im going to get my son to read all this tonight and let him decide what to do!

Herzlos

picardygirl wrote: »

You think we may have a case then Herzlos, I know noone can predict what could/would happen but really do feel that we tried to appeal the PCN and have been mis-guided (stupidity on our part i know).

You're up against a barely coherent group of cowboys, so you stand a good chance. If it even goes that far there's a chance they won't even turn up. They don't want to do court (they lose money even if they win), it's all about the scare tactic.

So please excuse my naivete, what happens after a letter before action comes? What do they normally say? Pay now of see you in court type of letter?

Pretty much, but it's usually pretty incohorent. If something like that does turn up, come back here and we'll walk you through how to handle it, but it's quite likely you won't see anything beyond the threat letters.

Coupon-mad

picardygirl wrote: »

Umkomaas, i am definitley guilty of overthinking it, i overthink everything

Thanks for your help and thoughts, Im going to get my son to read all this tonight and let him decide what to do!

As long as he doesn't pay the debt collector. That would be sending a terrible message to an 18 year old about a scam that is easy to Google and which cannot affect his credit rating unless he ignores court paperwork - or it arrives unnoticed at an old address if you move - and thereby if he loses by default:

https://forums.moneysavingexpert.com/discussion/5035663

And as already advised the BPA are not involved as it's an IPC member so just sit tight. If you move, email and write and keep proof that you have told LPS and UCS of the new address.

Talking of addresses, in your first post are you simply saying they replied that they could not handle an appeal without 'an address'? They were right. It didn't read to me that they were asking for the DRIVER'S address.

HTH

dazster

Castle wrote: »

I think you mean BPA; not DVLA.

No, I meant DVLA. It was the DVLA who expressly ordered the PPC's to cut out this nonsense years ago.

dazster

Umkomaas wrote: »

I'm sure that was debunked a couple of years ago in a private parking court case.

ParkingEye said that they had won a case against this defence, whether it's true I have no idea (quite likely not, being as it's ParkingEye; I've certainly never seen the judgment or transcript, only PE's flummery).

It's certainly true that in general a contract entered into by a minor can be voided by the minor. The exception to this is where the contract is for the purchase of necessaries or is for a service which benefits the minor. If the contract contains conditions which are not of benefit to the minor (the payment of a £100 parking charge?) it could be held voidable.

I certainly think it would be worth a minor who receives a parking charge telling the company that the contract is voided.

Umkomaas

Thanks baz. That rings a bell. Nowt wrong with your memory!

Oops, thanks daz!