Parking Tickets clarification, I have read the newbie form

Coupon-mad

360ollie wrote: »

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

I have left all names out of the replies, only finishing the letters off with just "regards"

NO. That's why they are ignoring the emails. They will say they are from an unknown person, with no name and no postal address.

So the KEEPER signs a letter attaching all the emails and says - in more formal language - oi, why are you ignoring me, and please now put this case 'on hold' and send me a copy of all photos taken, and all letters your clients purport to have sent to me. And a breakdown of how your clients contend that an already hugely-inflated parking charge (which the Supreme Court Judges in ParkingEye Ltd v Beavis held already included a significant sum in profit for the parking firm) has doubled and more, this despite the POFA 2012 Schedule 4 disallowing double recovery and setting a ceiling on the sum that can be recovered from a registered keeper like me.

Ask if the client contends they have complied with the POFA, because it is a fact that the keeper was not the driver. Give the Solicitors 21 days to supply the information in the interests of open communication and the overriding objective in pre-Court communication in any consumer dispute, and finally, ask them to explain why they ignored the emails and have provided no evidence whatsoever thus far.

Add that the driver had a verbal contract which was overheard by others, and the PPC's own employee agreed that the driver would not the ticketed under these circumstances. And state that the keeper is aware of the persuasive appeal case in Jopson v Home Guard at Oxford last year, and is confident that this has application here, and the Beavis case can be fully distinguished. Thus, any claim would be misconceived and bound to fail. Use that language.

Show us your planned letter and please get the keeper to sign and date it. Set it out as a formal letter, address top right, heading, quote their ref, VRN, PCN number etc., use the formal: ''Dear Sirs/Yours faithfully'' style.

This has not been handled properly by emailing anonymously, and the keeper is sleepwalking into a court claim right now and needs to fight back robustly and get it past 1st October if possible, to make the claim harder for the Solicitors.

And complain to your MP about them as well, and ask the MP to support the Bill going through Parliament in 2018:

https://forums.moneysavingexpert.com/discussion/comment/73128070#Comment_73128070

https://forums.moneysavingexpert.com/discussion/comment/73048725#Comment_73048725

Try to engage them in some letters/emails first to head them off this month, to delay the claim until after 1st October:

https://forums.moneysavingexpert.com/discussion/comment/73134545#Comment_73134545

After that date they'll find their robo-claims much harder.

So engage them this month, in requests for photos and evidence, all sorts, reply to everything they send, asking something else. Ask for copies of all letters sent, and photos of the signs. Keep the Solicitors busy. Keep proof of posting every letter, a receipt from the Post Office 'certificate of posting' (it is free) and staple it to a printed copy of the letter each time, for your file, so the 'certs of posting' are kept safely in case in the end this needs a defence at a hearing.

And tell the keeper to trust you, and us. This is winnable (no CCJ as long as no-one hangs about and sits on a court claim, waiting for you to see it). A claim will need action, and we know what to do. This will be something to talk about as a family!

360ollie

The reply

Dear Sirs,
I am writing to you regarding my dispute, which has been sent to you numerous times through E-mail, both to your debt collection department and other departments within your firm (asking the receiver to forward the emails onto the correct department). All Emails have been sent within the allotted time frame given, which is stated on the bottom of all letters that I have received from you. However I have not received any replies and you have continually sent me more letters through the post stating I have “ignored your previous correspondence”, this is held to be untrue. Times and dates of all emails and their content that was sent to your department will be attached to the bottom of this letter as proof.
Please now put this case 'on hold' and send me a copy of all photos taken, and all letters your clients purport to have sent to me. And a breakdown of how your clients contend that an already hugely-inflated parking charge (which the Supreme Court Judges in ParkingEye Ltd v Beavis held already included a significant sum in profit for the parking firm) has doubled and more, this despite the POFA 2012 Schedule 4 disallowing double recovery and setting a ceiling on the sum that can be recovered from a registered keeper like me.
Does your Client contend they have complied with the POFA, because it is a fact that the keeper was not the driver. You have 21 days to supply the information in the interests of open communication and the overriding objective in pre-Court communication in any consumer dispute.
Furthermore, I will ask you to explain why you have ignored the emails and have provided no evidence whatsoever thus far.
The driver had a verbal contract which was overheard by others, and the PPC's own employee agreed that the driver would not the ticketed under these circumstances. The keeper is aware of the persuasive appeal case in Jopson v Home Guard at Oxford last year, and is confident that this has application here, and the Beavis case can be fully distinguished. Thus, any claim would be misconceived and bound to fail.
Yours Faithfully
(named keeper of this vehicle)

I will print out all times and dates of emails sent, as well as the content within the latest email sent to them.
do they have 21 days to reply to the question just about POFA or the letter as a whole?
i will again send it in the form of a letter and email. signed by the keepers name on both.
one last thing, with moving back to uni. if I request them to send all new forms of communication to a new address. do they have to comply?

Thanks Coupon!

Coupon-mad

one last thing, with moving back to uni. if I request them to send all new forms of communication to a new address. do they have to comply?

Yes but do you want that? This would mean that the address for service for the keeper would become your Uni address, and any court claim would arrive there - and any hearing would be for the keeper to attend, at that court (nearest to the purported address for service). A bit messy. Surely the keeper will prefer their own local court?

360ollie

we are both moving back to Uni, the reasoning for this was that we could have the letters directly sent to where we are living instead of back home.
one more thing before I send the letter off, does it matter if I post on the day of the expiring time frame i.e they have given me until tomorrow to make the payment.. if i post by tomorrow- before 4pm then the postal rule applies and that it would not matter if my reply is received a few days after (as long as it is correctly addressed/ stamped and I keep the postage receipt. Is that correct or is this time limit now irrelevant as they are only demanding payment?
The letter will be posted tomorrow
thanks Coupon!

[Deleted User]

Strictly speaking, there is no time limit (only the Claimant's imposed one) until Court proceedings are issued. Service rules are irrelevant. It is up to them whether or not to start a claim and at what point in time.

Get your letter posted. Realistically, if the Claimant waits a day to check if the reply comes in, they will have had it before they instigate the MCOL process, even if they do act promptly.

Coupon-mad

360ollie wrote: »

we are both moving back to Uni, the reasoning for this was that we could have the letters directly sent to where we are living instead of back home.
one more thing before I send the letter off, does it matter if I post on the day of the expiring time frame i.e they have given me until tomorrow to make the payment.. if i post by tomorrow- before 4pm then the postal rule applies and that it would not matter if my reply is received a few days after (as long as it is correctly addressed/ stamped and I keep the postage receipt. Is that correct or is this time limit now irrelevant as they are only demanding payment?
The letter will be posted tomorrow
thanks Coupon!

What happened in the end? Update needed!

360ollie

Hi,
Since sending the letter (postal) we have not received any more debt collection letters! As far as know we are in the all clear now! Is there a time limit for them to reply? I presume they can't because no reply was given in the stated time frame, so I presume the claim is quashed?

Many Thanks to everyone that helped! And to Coupon especially!:beer::T

Umkomaas

As far as know we are in the all clear now!

I wouldn’t be complacent on this. A PPC has 6 years in which to pursue a claim to court. While TPS are currently not litigious, no one can tell if/how their behaviour might change between now and 2023.

Keep an eye on your post, and any change of address (which is likely given your present student status) should be notified to any organisation that might feel you have a debt outstanding to them - including TPS.

The last thing you want as you start a career and maybe seeking loans/mortgages is a default judgment and CCJ against your name as a result of missing and dealing with court papers delivered to a former address.