Letter Stating Court - Where do i currently stand (FULL DETAILS)

iKustomize

Good Morning,

Since receiving a PCN Notice to Hirer through my works lease vehicle company car, I have been using the Newbies thread to get me to this point, however feel I may have missed a little bit on the timing of sending my appeal off to the PCN company, I sent my appeal 20 days after receiving the NTH.

I will list a summary of ongoing and all my letters and replies to now, I would greatly appreciate it if someone could work out where I currently stand with this.

Summary

• received PCN NTH on 15/11/2018 (4 month after time of issue)

• Sent appeal 05/12/2018 (20 days after receiving NTH)

• Received final demand from “UCS” 07/12/2018 (why was this before the end of the appeal time?, Also I ignored the debt collector letters following MSE Newbies thread)

• Email reply from appeal on 11/12/2018 (not acknowledging the appeal, just state that “the account now dealt with by others, see email below)

• Received letter from “CSB Solicitors” 4/01/2019

EMAIL I SENT ON 05/12/18

Dear PCN Parking Solutions LTD.

RE: PCN No. xxxxx

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by "PCN Parking Solutions LTD." as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

I wish to outline my current position in reference to your PCN.

Keepers Liability and POFA 2012
As stated in paragraph 13(2) of POFA 2012...

"The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given—

(a) A statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;

(b) A copy of the hire agreement; and

(c) A copy of a statement of liability signed by the hirer under that hire agreement.

AND

Paragraph 14(2) and (3) of POFA 2012:

(2) The conditions are that —
(a) The creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper;
(b) A period of 21 days beginning with the day on which the notice to hirer was given has elapsed; and
(c) The vehicle was not a stolen vehicle at the beginning of the period of parking to which the unpaid parking charges relate.
(3) In sub-paragraph (2)(a) “the relevant period” is the period of 21 days beginning with the day after that on which the documents required by paragraph 13(2) are given to the creditor.

- You were required to send this information to me (as Registered Keeper) within 21 days after receiving them from the lease/hire company (xxxxxxxxx).
- You were required to send these documents to me no later than 49 days after the NTK was sent to the hire company, which was 30th July 2018.
- Therefore I should have received these documents no later than 17th September 2018.
- As this has not happened, you cannot use POFA to assume keeper liability. There is more than one driver of the vehicle which you placed a PCN on.

In Summary...
- I wish to confirm to you I was NOT the driver of the vehicle.
- I am not obliged to disclose the identity of the driver and this does not affect my liability in this matter.
- As PCN Parking Solutions Ltd. has not complied with paragraphs 13 (2) and 14 (2) of POFA 2012, you cannot rely on the provisions of the Act and hold me liable as keeper.
- You will need to pursue this claim with the driver once you identify them.

Further Questions
To begin our discussions, as this is purely a claim under a purported contract, and you have no statutory footing to issue penalties, I wish to make you aware of the following details and require the specific information so that I can assess the validity of your claim:

1. Who is the party that contracted with PCN Parking Solutions Ltd. for the provision of their services at the site of the alleged to have taken place?
2. What is the full legal identity of the landowner?
3. As you are not the landowner, please provide a contemporaneous and unredacted copy of your contract with the landholder that demonstrate that NCP Parking Solutions Ltd have the authority of the landowner to both issue parking charges and legislate in your own name or on behalf of the landowner.
4. Is your charge based on damages for breach of contract? - Yes or no?
5. If the charge is based on damages for breach of contract, please provide justification of this sum.
6. Is your charge based on a contractually agreed sum for the provision of parking? - Yes or no?
7. If the charge is based on a contractually agreed sum for the provision of parking please, provide a valid VAT invoice as you make no mention on VAT in any correspondence.
8. The signage to the site (from a seated position in the vehicle as it enters the car park is impossible to read and any specific rules regarding stopping on yellow lines being strictly prohibited at any time. Please provide a copy of the sign that purportedly forms the basis of the contract entered into by the driver for my records.

Next Steps
When I receive a full reply to all these questions I will be in a position to be able to furnish you with a full response.

Alternatively, you can cancel your charge, or I will happily wait for my day in court to challenge this PCN as the registered keeper of the vehicle.

Regards

Response to this was:

Thank you for your recent email, the contents of which have been noted.


Your account is now being dealt with by Ultimate Customer Solutions (UCS), please direct all correspondence to them using the details below:-

Was this even a valid email to my appeal?


Thanks in advance to anyone who replies.

Umkomaas

There are a few PPCs with 'Parking Solutions' in their title, some BPA members, some IPC members. You might just confirm the full name please.

But if it is a member of the BPA, you should target a complaint to the BPA, copying all correspondence to and fro between you and the PPC and any of their agents, that you have been denied your right to an appeal to POPLA, because they have started debt recovery action before the outcome of initial and second stage appeals have been exhausted - in contravention of the Code of Practice to which they have agreed to be bound in order to access data from the DVLA. Remind them that this is a hire vehicle and subject to extended timescales than a standard parking charge. Copy in the DVLA to your complaint and all the paperwork.

steve.c@britishparking.co.uk

ccrt@dvla.gov.uk

Fruitcake

Is it this lot, SolutionLabs Ltd t/a PCN Parking Solutions, an IPC company?

http://www.pcnparking.solutions/index.html


I think UCS are debt collectors, and CBS Solicitors are acting as debt crawlers as well. So, I think you are at the ignore stage unless you get real court papers/LBC.

iKustomize

Hi guys thanks for the replies, yes it is "SolutionLabs LTD" and NTH has a url on the rear of -parkingcontrolsolutions-co-uk
(All - = .)

The rear of the NTH, it says " any complaints must be sent in writing , if you are not satisfied with the complaint you may conact the trade association the BPA in accordance with our complaints procedure"

So umkomaas, what am i best to say in the email to the 2 email address above, also do i copy in the appeals email address of "PCS" at all?

iKustomize

http:/ /tinypic.com/2mprg6lh

This is my correspondence to press (all images)

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.

beamerguy

http://tinypic.com/2mprg6lh

Debt crawler letter asking you to pay the UCB bunch, another debt collector ????

It's like musical chairs with this rabble.

If CBS want to go further they must act in a professional manner
(This is like childrens hour)

To act legally they must send you a "Letter before Claim"
This consists of many pages including forms. You ignore the forms.
It must proof their claim to you, pictures, costs etc and give you 30 days to respond/rebut. That's the law

You do not owe the amount claimed. It's all part of the scam being passed through the musical chairs ..... adding £££ along the way

TOTAL SCAM ..... Let SCS prove otherwise

Umkomaas

So umkomaas, what am i best to say in the email to the 2 email address above, also do i copy in the appeals email address of "PCS" at all?

I'm not sure what more you want - I've given you the key points of complaint in my post #2. No one will write this for you, but if you want to draft your complaint, if anyone has time, they might be able to critique it and advise any changes.

You copy all the paperwork flowing between you and the PPC and any of their agents. Haven't I already said that too in post #2?

In terms of the DVLA, you copy them all the above, with a covering note asking them to look at your correspondence and ask them to investigate.

iKustomize

Ok thank you umkomaas, i shall make a draft and repost and like you say see if anyone has time to advice changes, also i shall read and re-read your 2 posts on this matter to make sure i hopefully get this correct, thank you for your time.

Thanks beamerguy, i shall look out for future letters and take your notes forward, thank you.

iKustomize

I would appreciate it if someone has the time to look over my complaint i am going to send to BPA / DVLA, and point out and advisory alterations before sending.

Thanks in advance.


Dear Sir/Madam,

I am writing in to register a complaint against a PPC company under the name of “Parking Control Solutions(PCS)” which I believe is operating under the registered company of “SolutionLabs LTD.” Who claim to be members of your organization and such are supposed to abide by your agreed code of practice. As the Hirer of a vehicle above I attempted to implement the appeal procedure in accordance with the PPC’s terms and conditions stated on the rear of the notice which I have attached for your reference.

For your information I have listed their abuse of your code of practise below:

Not sending all relevant information and paper work required when forwarding a notice to hirer and also not doing so in the correct time frame when dealing with a lease/hire vehicle or following keeper’s liability document POFA 2012

Ignoring the appeal with a mere response that the issue was passed to another company before the first appeal stage was complete, thus denying my right to appeal, and not supplying me with a POPLA code.

Started debt recovery action before the outcome of initial and second stage appeals have been exhausted in contravention of the Code of Practice to which they have agreed to be bound in order to access data from the DVLA. I would further like to remind you that this is a hire vehicle and which is subject to extended timescales than a standard parking charge.

Please do relate to all correspondence between me and the PPC above, which is attached in this email including debt recovery letters.

Furthermore, also intend to forward a copy of the above letter to my local MP and the DVLA.

I wait your reply with interest.

Regards

Mr ********** (thanks le_kirk)

Le_Kirk

If that is your real name at the bottom of your draft letter, you should remove it.