My PCN from end of Feb 2018

onlyfoolsandparking

Having received a PCN from Excel parking in late Feb this year I must have read this forum a 1000 times I thought I would join the great community here in readiness for the potential court stages I may face.


So I received the PCN which was NTK and sent back the reply/s as suggested on here, I,ve played a little letter Ping-Pong with them with my last one asking them to comply with PAP. This resulted in them sending me 2 DRP letters?? for £160 and the latest one offering me a reduced amount of £136 (how very kind). my question is do they have to comply with PAP at this stage or rather why have they completely ignored my letter and moved my alleged debt onto DRP??. I get what people are advising on here about completely ignoring the toothless debt hasslers but do I bother to write again asking why they haven't complied with PAP or just wait till I potentially get the LBA.

Fruitcake

As far as I am aware, PAP applies to a court claim, nothing else. I'm not sure if it applies to a LBA, but if you are still at debt crawler stage then it doesn't apply.

Quentin

You look to have missed at least 2 relevant posts.

#4 in the newbies FAQ thread

And this one that urges no new threads about letters from debt collectors;

https://forums.moneysavingexpert.com/discussion/5035663/read-this-before-you-start-a-new-thread-about-zzps-or-debt-recovery-plus

KeithP

My understanding is that the Pre-Action Protocols have no real significance until a Letter of Claim is issued.

onlyfoolsandparking

Thanks Fruitcake, I don't know either if PAP applies to LBA or LBCCC but I am right (I think) that I need to send a robust reply if I receive any LBA or LBCCC, maybe that's where full compliance with PAP comes into force, somebody on here will know 100% for sure.

onlyfoolsandparking

oops, sorry about that Quentin I have read this forum a lot believe me so I,m surprised I,ve missed anything obvious, nevertheless I will carry on reading and keep my questions to a minimum.
Thought it might be useful though to start my own thread for later help I may need with court defence etc

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Quentin

onlyfoolsandparking wrote: »

…..Thought it might be useful though to start my own thread for later help I may need with court defence etc

Not really - your title doesn't reflect that this is a "holding" thread for you to possibly use in the future!


Starting your own thread like this "just in case" isn't fair on others with issues needing advice - yours pushes theirs down the page unnecessarily


The whole idea of the forum is that it is DIY - with advice from the stickies


Lets hope you haven't started a new trend!

onlyfoolsandparking

I completely agree with you and I know all about the private members bill Sir Greg Knight is leading, lets hope he succeeds with it. I did email my local MP and didn't get very far.


Unfortunately the courts are only going to be interested in "Contract Law" where I might have to get involved with them so I,m preparing my defence based around current legislation, its the only way I will win.

The_Deep

I did email my local MP and didn't get very far.

Send him a letter, it carries far more wright than an email imo.

onlyfoolsandparking

Yes a letter may have more impact I will try that, thanks


Quentin: I too hope I haven't started a new trend and if I have it certainly wont have been intentional. I don't believe my title constitutes a "Holding thread" if you read when I received my PCN (late Feb) its not far off 6 months and this is the first time ive posted!! I couldn't find an answer to my question, it may be there but this forum is that big I,ve not found that answer in the nearly 6 months I,ve reading on here but thanks for your reply.