Premier Solicitors "Outstanding Parking Charge"

BCDNM

Good evening everyone, i'm a new member on this site so please forgive me if I am covering old ground or asking questions which have been covered to death. My question relates to a letter I have received from Premier Solicitors, regarding an alleged outstanding Parking Charge.

The letter in question refers to my contravention having occurred early Feb 2015!

My question is simply, what advice is recommended as this is the first letter I have received from them. No idea what it refers to and I've not received any letters or especially any fines.

This letter states "our client maintains the charge remains valid", and if not paid immediately "then we have been instructed to commence formal civil court proceedings". Quoting a recent Supreme Court case (Beavis).

It goes on, "such proceedings will be issued without any further reference to you".

Could the experts on here please advise what the best course of action would be. The location in question regularly has problems with the ticket machine, and I have discovered this on the rare occasion that I actually park there. In such instances where I park there, I always have a valid ticket or if it is faulty, I speak with staff who permit for me to park without one.

Car park in question is controlled by TPS whom I see on this forum have somewhat of a reputation. I'd be very grateful if there is any advice, letter recommendations, appropriate challenges etc. My main concern is that this appears to be total nonsense and I'm not particularly impressed by the threatening letter presenting a complete lack of evidence or a statement of their authority to act nor in what capacity they act.

Forgive my ignorance but if it comes to it, how do you appeal tickets that you've not had letters for, or even better, NO BLOODY TICKET ON THE CAR!! Reason I ask is I'm getting tired of me trying to sort these and TPS et al not giving two hoots.

Thanks in advance.

Coupon-mad

Welcome!

TPS have been using that debt collector letter for years. Put these exact words into Google:

tps premier solicitors site:forums.pepipoo.com

Shows you that nothing normally happens but some more recent threads will show you a short response if you wish to send one. DO NOT talk about 'my' contravention nor what happened or who parked. The registered keeper is the only person who could send a quick 'get lost, you have no case' reply if you wish.

But out of tens of thousands of PCNs issued each year, so far TPS have had just TWO court hearings:

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

Not exactly prolific, so as the letter is a debt collector letter (it seems, from what you've said) and is not a Letter of Claim/Letter before Action, you could just file it with the other debt letters and ignore it at this stage. Who does the letter say to pay? Often these 'solicitors letters' give a debt collector firm's name which gives away the fact this letter has not come from any solicitor's desk.

BCDNM

Good morning, thank you very much for your response.

Regarding payment, it states "we therefore trust that you will make the required payment to us before the deadline stated." No mention of Debt Recovery Plus like I have seen on some other threads. No mention or reference of it being a LBA/LBC, just "Re: Outstanding Parking Charge".

Having read some of the threads I was just unsure as most of them state that these letters include the words "if", "may" etc. As mine had "then we have been instructed to commence formal civil court proceedings", I wasn't sure if the omission of such vague words suggested they actually have authority to commence proceedings if the debt is not paid, and will indeed do so.

Your advice is greatly appreciated, thank you.

Coupon-mad

OK so you should reply and deny liability because TPS do not use the right wording to hold a registered keeper liable (as so many private parking firms don't). And you can say that you take objection about the ambiguity of their letter which threatens court on the one hand but is certainly not a compliant Letter of Claim under the Practice Direction, and it shouldn't be up to an unrepresented consumer to point that out to a solicitor firm.

You could threaten to report them to the SRA and CSA (if they are a member of the CSA credit services association - check online). Like is being discussed here:

https://forums.moneysavingexpert.com/discussion/5490266

HTH - I prefer a shorter response, like hoohoo's version shown on the pepipoo thread linked there.

Half_way

Why bother to threaten to report them?
Just report them anyway.
And complain to the landowner/whoever took the company on.

BCDNM

Thank you very much. I have been in contact with the landowner anyway but will go back to them.

Yes I have seen the letters posted by other members including Gan and hoohoo. I shall draft one accordingly.

I shall update as to the result. Thanks again.

BCDNM

Good evening all, I would appreciate some further advice if possible.

Ok, so i contacted the landowner who said they would take care of it for me. They emailed Total Parking Solutions requesting the ticket be cancelled as I am a regular customer and that I had not received any correspondence.

I have tonight received a response from the duty manager of the location, and I quote "it's not good news".

It turns out TPS have handed him "my file" with details of numerous alleged outstanding "offences". The duty manager is now awaiting my response. Surely TPS cannot act if the landowner has told them to cancel it? I have fortuntely kept all of my tickets (pay and display) and I have an abundance of them which I hope demonstrates my lawful use of the premise. As stated above, on the occasion I have parked without a ticket, the operator has advised me the machine was out of order and to just leave a note.

My question is how have they handed him all of my details. Surely this is against Data Protection laws?

Equally, Im intrigued as to how and why they are calling these offences.

Lastly, the only letters I have ever had from TPS came through the post with no photographs of anything, just a white blank image. The one that did have photographs I was visiting the premise and spoke with security who told me not to worry.

More importantly these were at a hospital and not the location in question here. So how is that relevant to this matter?At the hospital, a family member was admitted and I have also used the coffee shop there. These allegation have made me quite furious.

I'm slightly concerned and frankly very annoyed at this whole situation.

Any advice on how I can report TPS and what steps to take next would be very much appreciated.

Coupon-mad

It turns out TPS have handed him "my file" with details of numerous alleged outstanding "offences". The duty manager is now awaiting my response. Surely TPS cannot act if the landowner has told them to cancel it? I have fortuntely kept all of my tickets (pay and display) and I have an abundance of them which I hope demonstrates my lawful use of the premise. As stated above, on the occasion I have parked without a ticket, the operator has advised me the machine was out of order and to just leave a note.

Sounds like you have perfectly good evidence of proper use of the car park, ask him why he is letting the tail wag the dog, this is their poxy agent harassing a regular customer!

Also your 'file' is basically that car's file, not 'yours'. You could have 3 or 4 people in the family who can/could drive that car and the drivers are individually the people potentially liable, not you (not least because TPS cannot use 'keeper liability' due to flawed wording in their NTKs). So this is not YOUR file of 'offences'!

My question is how have they handed him all of my details. Surely this is against Data Protection laws?

I agree. Parking firms don't normally do this. I would turn the tables and tell the Manager that now he has revealed his agent has seemingly breached the DPA Principles (read them - I did when some git misused my data recently and shared it with third parties...) you will be reporting TPS to the ICO and the DVLA for this conduct.

Equally, Im intrigued as to how and why they are calling these offences.

Agreed.

I would have no qualms in assertively explaining to that Manager who the real villains are here; parking firms do not know the definition of 'customer service' like retailers do, they see you as a victim to pay them money. I'm sure the retailers see you as a customer they want to come back...the two conflicting viewpoints clash. So is he going to let the tail wag the dog and lose you and your families' custom and risk an ICO investigation about this misuse of data by his agent, supplied by the DVLA on a case-by-case basis and not for sharing nor using for other purposes. They are liable for the actions of their agent...

BCDNM

Thanks for the update.

Contacted the land owner again. The duty manager who told me "i'm the person you need to see", has now washed his hands of the matter. "There's nothing I can do". I asked him who could assist, where upon he said he would speak to his line manager "when he returns from leave". I explained that Premier Solicitors had imposed time conditions so if he could write to them with this delay, to which he ignored me.

On another but related note, I then went and found a TPS attendant over the road at another car earlier to speak with them to raise some queries as mentioned in this thread (e.g. no letters, alternatively no tickets on the car to which letters allege contravention but don't offer any photos).......and I'm not joking, the first guy said "my toast is ready" and walked away slamming a door in my face. Knocked numerous times to try and get answers, another attendant opened the door, briefly told me "you don't have a clue do you", slammed the door again. Finally opened it where I was welcomed with "leave now or I'm ringing the police". Asked who their line manager was, initially had "I don't have one", asked again and had a window hatch closed in my face.

What lovely people these lot are. I'm disgusted and appalled.

Attempted to explain and ask numerous queries to which they would not answer one single question.

Phoned BPA to get details as I'll report them, but still no luck with the original PCN. Waiting for the next manager.

The time I have spent trying to resolve this dispute and not a single person is assisting me or taking this seriously. Have literally spent hours ringing, emailing, driving, talking etc.

I apologise for hassling this forum but I'm utterly amazed how this industry is even in existence!! The attitude and total ignorance of nearly everyone I have spoken to so far (law firm included) leaves me speechless.

Thank you for your kind assistance.

Coupon-mad

I'm utterly amazed how this industry is even in existence!!

Why do you think we come here to assist every day? We are appalled too! Quite agree. We are not at all surprised to hear what reception you got from TPS goons in person.

As long as you have done as below, I would stop expending energy on it for now. Never known a TPS court claim but it's defendable and with people like that working for TPS, and the fact Gladstones muck up sooo many claims, you have a better than average chance of seeing the idiots off at any hearing if it came to it.

This does NOT affect your credit rating as long as you don't ignore court papers/deadlines if it proceeds. No CCJ even if a hearing was lost, as long as you then paid. Unlikely with TPS.

OK so you should reply and deny liability because TPS do not use the right wording to hold a registered keeper liable (as so many private parking firms don't). And you can say that you take objection about the ambiguity of their letter which threatens court on the one hand but is certainly not a compliant Letter of Claim under the Practice Direction, and it shouldn't be up to an unrepresented consumer to point that out to a solicitor firm.

You could threaten to report them to the SRA and CSA (if they are a member of the CSA credit services association - check online). Like is being discussed here:

https://forums.moneysavingexpert.com/discussion/5490266

HTH - I prefer a shorter response, like hoohoo's version shown on the pepipoo thread linked there.

I would try the line manager of the landowner again when he's back but for now, relax. Come back and tell us what else happens or arrives.

fisherjim

I really don't know why you would expect, gormless parking attendents on the minimum wage, supported by a catch the victim at any cost bonus scheme to talk to you.

You are being scammed by nasty money hungry muppets, and the landowner will be on a little earner too, maybe £10 per successful ticket paid.

Unless it's a business that doesn't want to lose customers they probably don't give a monkeys.