Notice of Intended court action

JonHuckstepp

Need some advice please since I could not find anything similar to my issue.

I have received a notice of intended court action. Here's a summary of what has happened:

- Parking offence on 3/11/17. No ticket on the windscreen
- received PCN for £100 on 13/12/17 (dated 5/12/17) from UK Car Park Management Ltd
- written appeal to UK CPM. Basis of appeal was 1) POFA schedule 4 - PCN: received after 15 days 2) mitigating circumstances (emergency visit to vet, only 10 mins in space before we realised)
- informal appeal to UK CPM rejected. Offered to reduced to £60 on the basis that they did not have a picture of the ticket on the windscreen
- formal appeal to IPC rejected
- Based on advice on MSE and other forums I ignored the IPC decision
- I ignored the debt recovery letter for £160.
- I have now received a notice of intended court action from same debt recovery agency

Should I pay or do I have a case based on POFA schedule 4?

Your help is appreciated

Thanks

KeithP

JonHuckstepp wrote: »

- I have now received a notice of intended court action from same debt recovery agency

Read post #4 of the NEWBIES FAQ sticky thread where you will find comprehensive guidance on how to deal with debt collector's letters.

Coupon-mad

Notice of Intended court action Debt Recovery Plus

See what you get when you Google that phrase... desperate trash, ignored & laughed at for YEARS.

JonHuckstepp

Thanks for both replies about ignoring the debt recovery letter. Having Googled it I understand that it is a desperate ploy and not worth their time. However could someone answer if, it ever did go to court, do I have a case or not? Is my argument of not receiving the PCN within 15 days in fact a valid challenge?

Thanks again

Ralph-y

Hi, .... have a read through the newbie thread

https://forums.moneysavingexpert.com/discussion/4816822

and answer all your questions ,,,, it will also arm you with information as to what you should know about this ' cowboy industry' (Hansard)

"Is my argument of not receiving the PCN within 15 days in fact a valid challenge?"

yes amongst many other reasons ...

watch the link below to see the MP debate and comments on such .....


''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he wants further information about this scam.

Ralph:cool:

Coupon-mad

However could someone answer if, it ever did go to court, do I have a case or not?

Yes, everyone does. Gladstones muck evidence up and we see wins 99% of the time. And there is no risk in defending a claim, worst case scenario if you lose, is you merely pay about £150 - £175 within 30 days of the judgment. So you can see why there is NO NEED to rush to pay £160 now, when in court you are (on balance, if you follow our advice throughout and stick around!) likely to win and at no risk of a CCJ, as long as you don't miss any court letters/deadlines.

Is my argument of not receiving the PCN within 15 days in fact a valid challenge?

Possibly, but it reads to me like the NTK was issued a month later and that document probably said there had been a windscreen PCN, and maybe they have photos of one on the windscreen? In which case a NTK issued after day 28 and by day 56, is within the POFA deadlines.

I would ignore all debt letters of course, and when you get a Gladstones LBCCC, reply as per all the other Gladstones LBCCC threds you read here in the meantime in preparation. Stick around and learn from other cases ahead of you in the scam conveyor belt. You would be wanting to ask Gladstone to disclose all photos taken and evidence the signs on site and whether a PCN was issued to the car on the day. The fact a driver didn't find one later, doesn't mean one wasn't applied.

JonHuckstepp

The second letter from UK CPM admits that they don't have a picture of the ticket on the windscreen which is why they reduced the fine to £60. Based on everything said above I will sit tight.

Thanks for everybody's help and the quick replies.

System

admits that they don't have a picture of the ticket on the windscreen

This is usually a sign of a self-ticketer who hasn't been told or understood the legislation. You might want to find out who it is.