Premier Solicitors "Outstanding Parking Charge"

BCDNM

Thank you both for your prompt response.

Coupon: I am awaiting an email tomorrow from the next manager to see what he says. the bloody signs as the location are scarce, incomprehensible due to the size and especially as a paying customer I expected better. Plus a letter would have been nice, not just a threatening solicitors firm sending me a demand.

fisherjim: More fool me clearly. Whilst I have read these forums I didn't quite expect such ignorance and stupidity. The icing on the cake was the threat to ring the police. I wanted to enquire what offence I had "committed" but unfortunately the door slamming drew our conversation to a close. Shame.

I am writing a complaint reference todays frivolities and shall get in touch with Premier Solicitors over this matter. i shall follow the guidance posted and update you accordingly.

Thanks all!

Grimble

Er some dodgy firm of solicitors have given you a time limit to reply, do not forget to give them one when replying, ie if no reply received after xx days I will consider the matter closed and will not enter in to any more correspondence.

Herzlos

It's not a real solicitors firm - they are bottom of barrel ambulance chasers working on comission for debt collection. They don't want to be nice to you to get the problem sorted, they just want money, and the easiest way to do that is to look scary.

The staff won't talk to you because they know that they have been caught out scamming a customer. They've got nothing to gain from it as they've already processed the ticket in the hope of getting their commission.

BCDNM

Thank you all for your information.

Well the update I was assured I would have from the landowner by today never came. So my attempts to resolve this are not being treated with any urgency whatsoever. No longer shocked.

I will contact them again to pursue a solution as right now they appear to be leaving it, all because TPS said i've parked somewhere else (as described above). Equally as stated above, these other incidents have been fully compliant with the parking procedure and.....again, no letters or indeed fines to the amount they allege.

Would you mind if I posted a draft of the letter I intend to send to Premier Solicitors? I have seen advice on the forums to post it here first so I certainly don't want to miss anything or raise anything irrelevant.

Coupon-mad

We are always happy to critique letters and complaints and appeals. We want them to have the desired effect and can sometimes suggest additional wording to add clout.

BCDNM

Thank you.

So the following is intended for Premier Solicitors, with regards to the above mentioned year and a half old alleged contravention where no communication has been received. Whilst I await an update from/meeting with the landowner, this is my hopeful response to them as the duty manager of the location has refused to contact them on my behalf.

I've perused the forums so hopefully it meets the general content recommendations.

Dear Sirs,

Thank you for your letter dated 04/07/2016. 

I deny any debt to your client. Importantly, this is the first notification I have received of any such matter and I did not receive a PCN on the date provided so this is subsequently my earliest opportunity to respond.

I should not have to point out that your letter is incredibly ambiguous and as a result, this fails to meet the requirements of the Practice Direction for Pre-action Conduct and Protocols (Annex A). Equally, your client has also failed to meet the requirements of The Protection of Freedoms Act as well as its ISO 9001 quality accreditation.

If you would send me copies of the parking notice and subsequent documents, I will give them my consideration. Can I here take the opportunity to remind you that any notice to keeper cannot be used to hold a registered keeper liable as you seem to imply.

Having phoned your firm to expedite this matter, and spoken with an individual who knew nothing about the issue, nor had any answers to my queries, this did not fill me with great confidence nor does it demonstrate compliance with the SRA Code of Conduct principles.

It should not be up to a consumer to inform you of these obligations.

In light of the above, you shall be reported to the SRA for such conduct. In addition, you will be reported to the Credit Services Association given your apparent debt collection request and its lack of adherence to the CSA Code of Practice, namely to comply with UK legislation. Finally, this matter shall be brought to the attention of the landowner where I intend, with evidence, to expose your conduct and threats.

In addition to that aforementioned, when numerous attempts have subsequently been made to enquire into this matter with TPS due to the lack of correspondence, they have proceeded to breach Data Protection laws with a third party and have demonstrated a complete ignorance to my queries. Thus presenting a clear rebuttal of ADR methods as commended by the BPA practice direction. Furthermore, at present, such lack of cooperation or assistance has also been demonstrated by the landowner.

May I take this opportunity to remind you of the principle in Halsey v Milton Keynes General NHS Trust regarding the ability of a party to recover its costs if the other has behaved unreasonably and ignored the availability of ADR. As reinforced by the Civil Procedure Rules 1998 and the overriding objective.

In addition and in any alternative, the fee suggested is disproportionate and excessive. I refer you to Parking Eye v Somerfield where debt collection costs of £60 were held to be an unfair penalty.

Using the figure you have demanded (£80), as this location, the rate payable is £1.50 per 2 hours. Alternatively 75p per hour. Therefore by my calculations your charge is equivalent to an overstay/contravention of nearly 107 hours.

If this claim is therefore not negated, due to all of the above, I shall also progress a case to the BPA ombudsman and the Information Commissioners Office for these breaches as well as compiling an invoice for my time.

Given that discussed, your “trust” however, that I will make any payment to your firm let alone within 14 days of the date of your letter is somewhat optimistic.

If no reply is provided within 7 days I will consider this matter closed and will not enter into any further correspondence.

Yours Faithfully


Thanks everyone.

Coupon-mad

Looks fine to me, keep responding. Be aware you may still get court papers like this poster:

https://forums.moneysavingexpert.com/discussion/5497153

HTH

Fruitcake

What does the car park service? You should shop elsewhere and send the retailer/landowner receipts to show you, your friends, and family, now shop elsewhere as a result of the actions of their agents, TPS.

BCDNM

Thanks Coupon. I shall get this sent off today. I assume by email is suitable?

Hi Fruitcake. It is a pool. Of which I just so happen to have many of my PAID pay and display tickets saved in the glove box. Luckily. A regular paying customer.

I'm awaiting a response from the landowner who assured me they would be in touch yesterday. So i'll be following this up accordingly.

bod1467

What is the BPA practice direction? ... did you mean BPA code of practice?

Who is the BPA ombudsman? ... are you referring to the ISPA?