PCN Advice needed

Iceward

Hi, I am new to the forum but have read many of the posts including much of the NEWBIES sticky (so so much there). I thought I could deal with my case myself but I realise that I now need some help.

Let me summarise.
On 28th April this year I visited my son in Fakenham, Norfolk. Although I was born in the county I left nearly 25 years ago and was not aware of the parking restrictions in the town. I parked in Millers Walk carpark so that I could get a takeaway nearby. The time was 7.24 pm. I looked at the first sign I found and it said that you got 2 hours free parking by entering your registration. Great I thought so made my way to the machine. However the machine would not let me enter any details and said MACHINE CLOSED SEE CHARGING HOURS.

Wrongly I assumed that this meant the car park was unregulated at that time, possibly from 6pm like many car parks in the UK, so I left my car. I returned at 7.38pm, having left the car a total of 14 minutes.

On the 3rd May I received a PCN from National Parking Enforcement ltd informing me that the car park’s operating hours were 6am until 7pm and therefore because I had parked there after 7pm, I now had to pay £100 (or £60 if within 14 days).

I immediately looked on here for advice and sent the company an online appeal using the template I found (the one referencing Parking Eye v Beavis).

On the 17th May I received another letter from NPE turning down my appeal. They provided details for IAS but as I had read on here that they were basically corrupt and any appeal was pointless, I did not appeal further.

I heard nothing further until the 25th June, which was a letter from Debt Recovery Plus (DRP). It was the basic.. you need to pay and if you don’t blah blah.. by now the charge had increased to £160. As my partner was a little jittery about the letter, I phoned them and told them my reasons for not paying and I said that I had no intention of paying.

I had further letters from DRP on the 2nd July, 10th July (notice of intended court action) and 25th July (final chance to pay).

On the 16th August I then received a Notice of Debt Recovery assignment from Zenith Collections. Again I called them, stated my case and that I was not going to pay. I was surprised (or not) to find out that Zenith are basically the same company as DRP. I assume that they think another company getting involved will turn the screw again.

I had a few missed calls from DRP and even a text in the following few weeks but no letters until the 5th October when I received a pay up or else letter from Gladstones Solicitors.

My reasons for not paying are that I thought I could park legally. I tried to fulfil the contract by entering my reg but was not able to. The carpark had physical barriers but these were open, allowing full access. If I had known that parking after 7pm would incur a PCN, then I would have parked on double yellows outside the takeaway – which even if ticketed would have been much less than £100.

I would be grateful for any help or advice on what to do. Thanks in advance.

pogofish

Post four of the Newbies Sticky covers debt collectors i their entirety.

Is your Letter from Gladstones an LBC..? If so, post two applies but if its just another empty threat, you need to sit tight until you get a proper one.

Iceward

No I don't think it's an LBC. It just gives me a pay up or we may take civil action. That they have 6 years to do so..... Nothing else came with the letter.

beamerguy

DRP are just ignorant animals

THE £60 SCAM OPERATED BY DRP ?

https://forums.moneysavingexpert.com/discussion/5859454/debt-collectors-drp-zzps-what-they-dont-want-you-to-know&highlight=debt+collectors+drp

"NO WIN NO FEE" Work it out for yourself on
how you are being scammed


DRP are approved scammers of the BPA

So much for the credibility of the BPA ?????

Iceward

***UPDATE***

So just before Christmas (that was nice of them) I received a Letter Before Claim from Gladstones saying that they act on behalf of their client and have been instructed to commence legal action.

It specifies that the charge amount includes £60 'claimed by our client for the time spent and resource facilitating the recovery of the charge. The amount is a pre-determined and nominal contribution to our Client's losses as a result of your non-payment'

They have not provided any court details, MCOL reference etc, but they have invited me to 'reply pursuant to paragraph 4 of the Pre-Action Protocol for Debt Claims under the Civil Procedure Rules 1998 ('the PAP')'

They then provide me with a link to their website and a reference to enable me to login.

The letter finishes with a 'Please pay within 30 days of the date of this letter......' and a phone number.

I have read about LBC's in the NEWBIES thread but I just need to clarify a couple of things.

The thread says to lodge a SAR with the parking company. When I first appealed the PCN in May, I asked for all evidence and they sent me photos of the signage and several of my car. Is this all I need? Do I still need to lodge a SAR?

Regarding MCOL, as I do not have any court reference numbers, I'm assuming that I do not need to worry about MCOL at this stage. Correct?

Am I correct in saying that I should NOT phone Gladstones or complete any online reply?

What's my next move?

Many, many thanks in advance for any help,

Ian

KeithP

Iceward wrote: »

The thread says to lodge a SAR with the parking company. When I first appealed the PCN in May, I asked for all evidence and they sent me photos of the signage and several of my car. Is this all I need? Do I still need to lodge a SAR?

Why would you not submit a SAR? Do you know that you have all the information that they hold about you? Did you really ask for all evidence earlier, or did you ask for all pictures?

Iceward wrote: »

Regarding MCOL, as I do not have any court reference numbers, I'm assuming that I do not need to worry about MCOL at this stage. Correct?

Correct.

Iceward wrote: »

Am I correct in saying that I should NOT phone Gladstones or complete any online reply?

Yes.

Iceward wrote: »

What's my next move?

Please re-read post #2 of the NEWBIES thread for your answer to that question.

Iceward

Thank you KeithP. I have now sent off a SAR to National Parking Enforcement and also a letter requesting suspension of the case to Gladstones. I'm assuming that was my next move.

At no time have I placed in writing my reasons for not paying the PCN, should I have done this by now?

Thanks again.

Iceward

I had a quick reply back from Gladstones. They have refused my request to suspend data processing but have extended my 30 day time limit. Is that normal? I haven't had any response from NPE to my SAR though.

Thanks

The_Deep

It is the will of Parliament that these scammers be put out of business.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

Iceward

This is all stressful and confusing. Can anyone tell me what my response to the LBC should be. It is simply a 1 page letter with no form. Once I get the information back from the parking company, do I then write to Gladstones with my defence? Or is that for when I receive the court forms?

Thanks

KeithP

No need to do anything more at this time.

Wait for a Clam Form to drop through your letter-box.