Help! PCN received and letters from solicitor

DoubleTee

Hi,

I need advice and help please.

I have received a letter from Gladstone solicitors for a PCN received in June 2017 requesting me to pay amount due £160 in 14 days. The are chasing me on behalf of a private parking company (Parking Control Management (UK) Limited).

I received the PCN for parking in a managed parking area in June and wrote a letter to them to cancel the PCN ticket.
"My reason was - I stopped to quickly use the cash point at a the supermarket next to the parking spot/road" and i have my kids in the car 1yrs and 3 years old".

I only parked there for less than 5 minutes to use the cash point.

I didn't get a response or letter from them Parking control management (UK) ltd so i believe the
PCN have been cancelled. Just for me to receive a letters from debt recovery company few weeks later that i have to make a payment for £160.00 (I ignored them).

I then receive a letter from Gladstones solicitors requesting for payment due stating that "due to the absence of payment or a valid appeal against the charge, our client have instructed us to recover the total amount due to them..."

I wrote a letter in response to Gladstone Solicitors and explained to them that i make a request/appeal with their client , Parking Control Management (UK) Ltd to cancel the ticket in June but i dint get any response. I also offered to pay the £100 on the PCN to their client by sending a cheque to them because i get stressed easily with letters like this.

Now, Gladstone solicitors have replied my letter and also returned my cheque that they are unable to accept the £100 and £160 is still outstanding.

I would appreciate your help, advice with this as i am not sure what i need to do.

Is it possible for me to get the PCN cancelled going back to my reasons for the ticket to be cancelled and i didn't get a response from their client.

Please , I really need a help.

Thanks

Quentin

Too late to get it cancelled.

Read up about how this game works in the Newbies faq thread near the top of the forum.

You possibly have got a lbcca.

The the FAQ does cover how to deal with this and any subsequent court claim.

Redx

does the reference start with a 1 or a 3 ?

if its a 1 , use an LBC rebuttal to reply

if its a 3 , IGNORE, its a DCA letter from DRP

DoubleTee

The reference starts with a 1

Redx

reply with one of the rebuttal to LBC letters from post #2 of the NEWBIES sticky thread, adapt it where necessary , send back to the solicitors who wrote to you

they certainly wont cancel it, more likely to issue an MCOL from Northampton CCBC

DoubleTee

I have tried reading few of the threads online..

i have already make an offer without prejudice to the solicitors and send a cheque (with their clients name on it)for £100 which was rejected .

I believe the mistake i made was accepting that i am the driver of the car at the time the PCN was first issues. and the PCN came with my name on it(record given to them by dvla)

And the letter received from the solicitors states that " our client may now instruct us to take legal action against you in the county court"

so is this a first letter a " letter before action"?

DoubleTee

I cant see the sample of the rebuttal letter anywhere

Redx

DoubleTee wrote: »

I cant see the sample of the rebuttal letter anywhere

the links are in post #2 of the NEWBIES FAQ where I said earlier

below this part

If you have a Letter Before Claim (LBC, sometimes referred to on forums as a LBCCC), you must respond robustly. Sometimes an assertively-worded reply sees the claim off and cancels the PCN, like here in a CEL case where I wrote a reply (post #11). Anyone can plagiarise it but don't copy irrelevant stuff like the Equality Act part if it is not right for your case:

I already told you to treat it as an LBC if the ref starts with a 1

and QUENTIN hinted that it must be an LBC , so treat it as one

if you refuse to pay it in full and they wont accept the cheque, all you can do is keep the tennis match going , until they issue an MCOL

you will have to decide if you are going to try and settle it out of court or let a judge decide , be it now or in the future

this wont just "go away" , they have you hooked and are reeling you in

nobody said it was "easy"

DoubleTee

I am planning to send them a letter , please see below:

NAME OF PPC's LEGAL DEPT (or Solicitor if acting)!
ADDRESS!

DATE!

WITHOUT PREJUDICE

Dear Sir!


PCN Ref Num:

I am writing in response to your letter dated XX XXXXX XXXX unable to accept my offer on a without prejudice basis.

I am willing to make an offer of settlement in the sum of £100 in full and final settlement of your client’s claim. This offer is made entirely on a without prejudice basis and with no acceptance of liability. I have write out the cheque Payable to Gladstone Solicitors.


PLEASE NOTE:!This offer will remain open for a period of 23 days from the date of this letter (namely 21 days plus two days for service)

I respectfully remind you of your client's duty to mitigate its losses and trust that you will advice your client accordingly.

I look forward to receiving your written acceptance of this offer within the timescale stipulated in this letter.!

And can you provide a contact name from your organisation as your letter seens to be a printed templates.

Thanks

Yours faithfully!

PRINT NAME

KeithP

But doesn't post #6 tell us you've already tried that?

DoubleTee

Yes i have...but the cheque was payable to their client.

Their letter said they are unable to accept my offer without prejudice basis. which mean they didnt not speak to their clients about my proposed payment.

they also mentioned that " Please not that we can only bank cheques that are payable to Gladstone solicitors.

Do i stand a case here or just make the payment...i am stressed already