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Bit of advice following a parking charge notice

Hi,
I was wondering if anyone could give me a little help.
I received a pcn from smart parking in March after my health appointment over ran so was 16 minutes late returning to my vehicle. I disputed this direct with them using their contacts (however there is no trace of the message as it uses their system and not an email), I received no reply so I choose to ignore all letters I received from their various debt agencies. However on Christmas Eve I received a letter from the debt company using Gladstone's solicitors letter head (I believe that this letter was from the debt agency rather than the actual solicitor), as I was at fault as I over stayed and as I don’t need the stress and want them off my back, I wrote a without prejudice letter offering them £60. 00 without accepting liability but to dispose of the matter swiftly (the price of the original fine not the ridiculously inflated £180.00) in the letter I stated ‘i should point out that if you bank or negotiate this cheque this will be acceptance of this offer’. Today I received a letter stating they had received the cheque and banked it but have to contact the debt agency to arrange payment for the outstanding balance. Where do we stand with this?

Replies

  • edited 31 December 2016 at 5:19PM
    NorthlakesNorthlakes Forumite
    826 Posts
    edited 31 December 2016 at 5:19PM
    Oh No you shouldn't have paid anything! Your late health appointment was the fault of the owner of the car park (who contracted Smart) presumably and therefore any contract was frustrated by that party.

    Nothing was ever owed in my opinion.

    Don't contact the debt collector as they're only interested in getting further money from you. The letters from them do get nastier as they go on, so be prepared.
    If you get an Letter Before Court Action, time to come back.
    REVENGE IS A DISH BETTER SERVED COLD
  • SystemSystem Forumite, Community Admin
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    Have you been back to the health centre and ask them to get it cancelled. If they say yes then you can raise a claim against Smart to get your cash back.

    Often by paying these "debt" companies you get put on a "suckers list" and they will make claims for amounts that are not due - but as they see you as a "sucker" there is nothing to stop them continuing without having the basis to do so.

    Whoever hired them can cancel.
  • RedxRedx Forumite
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    get the health centre to cancel this and then issue a counter claim

    NEVER contact a debt collector , not at all , PERIOD
  • Hi,
    Thanks for your reply, the car park was not at the health centre it was a pay and display near it, I have tried to find out who the land belongs to but have been unable to do so. The car park had CTV and photoed me arrived and leaving.
  • RedxRedx Forumite
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    you can pay the LAND REGISTRY to find out the landholder details
  • UmkomaasUmkomaas Forumite
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    The state of play, as I see it is:

    1. You can wave goodbye to your £60, unless you can get a landowner cancellation, then chance a £25 MCOL, prepare your case and plan some time off from work for a small claims court hearing in a few months time to recover your £60 (plus £25 recovered filing fee) if you win at the small claims court lottery.

    2. No landowner cancellation, or you don't want to proceed via MCOL, then it's ignore everything other than a formal Letter Before Claim (from the PPC or their solicitors) or real court papers.

    Your offer of 'something' has marked you out for further cranks of the ratchet in the hope (belief) that you'll part with some more.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • Hi, thanks for the advice, I really don't need the stress to my mental health with the harrasement hence the payment of £60, so I won't be going down the mcol route.
  • RedxRedx Forumite
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    maybe not , but the PPC have 6 years to file an MCOL for any "extras" and then you are on the back foot and might be trying a counter claim
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