PCS Parking Help please

Robert17c

My friend had a private parking ANPR ticket for £60 from PCS and nominated me as the driver (correctly) and I duly received the same ticket. I sent them £35 with a covering letter which reads:


I refer to the Parking charge Notice above.


I was parked for 2 hours late on a Saturday evening whilst having dinner at the Metro opposite. I have pleasure in attaching a cheque for £35, which is the standard charge for a parking ticket in South Bucks, and is considerably more than the reasonable charge the 2012 Protection of Freedom Act calls for.


PCS have replied that they received my payment but that the account has progressed and the amount outstanding is £65 and must be paid within 14 days. I am prepared to go to court over this, but would GREATLY appreciate opinion as to whether I am likely to win the case!!!

Coupon-mad

The Protection of Freedoms Act, Schedule 4 doesn't apply to you though because you are a named driver. It only applies to registered keepers and it doesn't set any ceiling for the sum of a PCN. Which original parking firm was it, not PCS, they are a debt collector! Look hard at the small print and tell us who their 'client' is.

Did they cash the cheque? Hope not. You did not have to pay but which PPC is it?

Robert17c

Wow, thanks for the swift response. The client is ANPR Parking Services. They cashed my £35 cheque. They say they will pursue the balance (£65) and will recommend court action to the client, drawing my attention to Bracken v Billinghurst [2003].

pappa_golf

if they go to court (ANPR not PCS) it will be a first for them http://www.bmpa.eu/companydata/ANPR_Parking_Services.html

Robert17c

Many thanks PG , that's re-assuring. Is there any point in writing to Ms Ferguson (director of ANPR) and asking them to accept my £35 is full and final payment...my thinking being it might prevent a load more dunning letters ?

Redx

I doubt that anything will prevent the stream of letters other than paying them their demands in full (which we do not recommend)

once they have a fish on the hook, they want their pound of flesh as well as the side order , that is the whole point of the private parking sc@m industry

they rack up invoices like confetti and hound people for up to 6 years, sometimes issuing court action , its their business model (not parking , parking is their pretend occupation)

Coupon-mad

Robert17c wrote: »

Wow, thanks for the swift response. The client is ANPR Parking Services. They cashed my £35 cheque. They say they will pursue the balance (£65) and will recommend court action to the client, drawing my attention to Bracken v Billinghurst [2003].

I know I am not legally qualified but excuse me while I chuckle at them citing that case:

http://www.adjudication.co.uk/archive/view/case/202/bracken_v_billinghurst_%5B2003%5D_ewhc_1333_(tcc)

By my understanding, i seems to me that:

A sent a cheque as full & final settlement, and the fact B cashed it, gave A a complete defence against a claim for more money.

''The Court held that the letter written by the solicitors was only capable of one construction. It was a counter offer, made by a third party, and the presentation of the cheque constituted the clearest acceptance of that counter offer... In the circumstances, Billinghurst had a complete defence to Bracken's claim. ''

:rotfl:

Robert17c

Thanks Coupon-mad. I sent this off today. I'll report back on the outcome in due course.




Ms Michelle Ferguson
ANPR Parking Services Ltd
Unit 3 Metro Centre
Dwight Road
Watford WD18 9HG





Dear Ms Ferguson,




Parking Ticket Ref APS00





I am writing to you in your capacity as director of ANPR Parking Services Ltd (ANPR). I refer to the parking ticket above and subsequent correspondence with Parking Collection Services (PCS) who are acting for you. Please note as follows:

1. The ticket is in connection with 2 hours parking in the NatWest Bank car park on a Saturday late evening in January. No inconvenience or costs were incurred by the staff or customers of the bank since it had closed some hours earlier.
   
2. No Parking ticket was placed on the vehicle and none received from ANPR subsequently by the registered owner or myself.
   
3. A request for payment of £60 was made to the registered owner on 20th January 2017. She responded notifying PCS that I was the driver of the vehicle when the vehicle was parked.
   
4. A request for payment of £60 dated 9th February 2017 was sent to me by PCS. I did not receive this request until my return from holiday, and wrote to PCS on 21st February 2017 (see attached). I attached a cheque for £35 with an explanation as to the circumstances.
   
5. This cheque was cashed and so I assumed that my explanation was accepted and that was the end of the matter.
   
6. I have subsequently received a further letterdated 6th March 2017 from PCS demanding payment of an additional £65. The reason given was that " the account progressed" due to incomplete payment.

Please note further:

I have no intention of making further payment in this matter either to PCS or ANPR.

1. 
   
2. If you wish to pursue the matter you will need to instigate court action against me and be aware that I will defend the case.
   
3. In view of the foregoing, please instruct your agents PCS to send me no further requests for payment.
   
4. If I receive any further requests for payment from PCS (or any other third party acting for you) I will regard this as harassment and I will take legal advice regarding an injunction and claim for damages against you.
   
5. I am copying this letter to PCS and the manager of NatWest Bank in Amersham.

　


　


　


　

pappa_golf

and the manager of NatWest Bank in Amersham.??

Natwest PAID them to keep the car park clear , why should they assist or be on your side?

Redx

and remove the pcn number and the VRM details from your post

Guys_Dad

You have admitted the "offence" so they don't have to prove much, should they make their first visit to court.

They have t&c for parking with the charge for breaking these t&c. You can't arbitrarily decide how much you want to pay, I am afraid.

I hope they give up, though, as that is the best financial decision for them.