Parking Tickets clarification, I have read the newbie form

360ollie

Update.

Hi Coupon,
So the solicitors have sent me another letter through which was the same as the previous 2 (which I have not heard from since) should I reply with the same email as previously sent? Or should this be the next stage for me to take action against them?
Thank you!

Coupon-mad

Yes, send the same email and give them 14 days to reply about ALL 3 PCNs, and remind them that if a claim is commenced, in the interests of justice and to remove an unnecessary burden on the courts, it must be one single claim for all similar charges, since they are essentially about the same facts/private land/car and Defendant.

Word it in the same assertive way as before, finishing by saying that any claim would be utterly without merit, misconceived and vexatious, and attach a copy of your costs so far* and tell them you will claim for punitive costs on top, should they commence proceedings, wholly unreasonably in this case.


*like here, only not using the word 'discontinue' because that relates to a live claim ended:

https://forums.moneysavingexpert.com/discussion/comment/73059674#Comment_73059674

360ollie

Good morning Coupon,
An update.
I have sent in total 3 E-mails over the time period (all within the dates stated that I had to respond by) as well as 2 different contact E-mail addresses (debt collecting- the email address stated at the bottom of every letter) and (enquiries- asking them to forward onto the relevant department - this was to be sure that someone from their firm would at least receive my Email).

I have now received a 'pre court notice'. (Similarly to another thread updated recently regarding The parking firm, their solicitors and a N180)...

When responding to the letters it is literally like replying to a computer as they do not seem to bother reading the emails and continue to send out more letters.
I know that an Email is a viable way to respond to a dispute as it is still a written form of communication, so for evidence purposes I am saving the emails to print off if needed at a later date, as well as keeping all received letters.

Anyway, because I have obviously been disputing with the solicitors and getting no where. Should I directly Email TPS (parking firm) my dispute in the hope that they will cancel the fine or should I continue with the next stage of disputing a 'Pre court Notice'...

If needed I can upload the 'pre court notice' letter at a later date to show you - if the other thread hasn't already taken theirs down.

But it's along the lines of "We note that you have ignored our previous correspondence concerning the unpaid parking charge for the vehicle..." (which I haven't, I have replied on all accounts) and "our client may then issue a county court claim against you"... Further going on to say, what I would have to submit to a court if their suggested debt was not paid etc... Presuming to be all scare tactics.

They have given me until the 18th to reply which I will do so, to show that I have complied with their time scales while disputing through the emails (will print off all emails as evidence if it continues to escalate further).

All received letters are in the car owners name, however as the named driver. If push comes to shove would I be able to stand in the shoes of the car owners name, as I experienced all 3 PCN agreements?

The letters are a little frustrating now, and as I'm heading back to uni next week. I may not be able to read any further letters from them

Any way thanks for being patient with me! Hope to hear back soon!

Quentin

Please give word for word what they say about court

From your precis it does look like just another threatening debt collectors letter which you can ignore

You do need to ensure your mail is redirected to you though so that you don't miss any proper court correspondence should they take legal action against you

Coupon-mad

All received letters are in the car owners name, however as the named driver. If push comes to shove would I be able to stand in the shoes of the car owners name, as I experienced all 3 PCN agreements?

No. If it goes to a claim, the defendant is the keeper, not you. At a hearing you can be their Lay Representative and speak for them but the Defendant remains the person who must turn up as well, with you.

Ask the keeper to send you all letters and not to panic if a court claim arrives (honestly, these are defendable. No CCJ).

Sounds like this correspondence is taking place with a debt collector section of the Solicitors, so please show us the entire letter as a link (if you can't post working links here yet, post a broken link with the http removed or changed to hxxp).

And why not send a letter this time in the post, attaching a copy of all the previous emails you sent.

I hope you've been sending these emails in the keeper's name throughout, not saying who the driver was, and replying in the RIGHT NAME? Not your name, you are unrelated to the claim.

360ollie

Hi coupon,
I have left all names out of the replies, only finishing the letters off with just "regards"
But also highlighting in all replies the stated PCN reference. - they have the owners information through the DVLA
All letters they have sent are addressed to the owner of the car.

I will print off all emails and send it to them in a letter for as well as adding in the email about incurring costs they have put me through.

In all emails I have stated that no liability is held by either owner/ keeper or named driver. Like I said all emails have ended with just "regards".

Will the written letter need to be signed by just the owner of the vehicle? Or both of us?... I'm not sure if signing it would accept liability (which we do not accept)

Thanks Coupon

360ollie

I will upload the picture shortly

KeithP

360ollie wrote: »

Will the written letter need to be signed by just the owner of the vehicle? Or both of us?... I'm not sure if signing it would accept liability (which we do not accept)

"Both of us?" Are you considering identifying the driver?

Surely not?

All they know at the moment is who the registered keeper is. Keep it that way.

360ollie

Okay, so leave it with just "regards", no signature included?

360ollie

Here Is the pre court notice
https://www.flickr.com/photos/151560534@N06/?