London Parking Solutions and CSB Solicitors

BertramPossum

Good evening.

I have read the sticky posts, but am a little unclear what options, if any, I have.

I parked in a business's car park in December 2016. The park is controlled by London Parking Solutions and I received a PCN in the post a few days later. I appealed using their internal appeal process and lost. I then appealed via the Independent Appeals Service, which was rejected February 2017.

In June 2017, I received a text stating that my PCN had been selected for legal action and a Letter Before Claim. I have now received a letter from CSB Solicitors, dated 4th January 2019, giving me until 2nd February to settle. If not, court proceedings may be taken against me.

I was visiting the firm on business. I parked and went to their offices. I was told where I could park and moved. I was parked for no more than five minutes or so and have confirmation from the business for this.

I intend to submit a Subject Access Request to London Parking Solutions, but am not sure whether I have a reasonable defence, assuming that their signs are all clear.

I should appreciate any advice on how I can realistically defend this case.


Thank you.
BertamPossum

Coupon-mad

Their signs can't be that clear as I'm sure you didn't see one telling you that you were agreeing to pay £100, or whatever, for stopping to ask where to park.

I am sure the £100 is not in the largest lettering...

You have a defence, everyone does.

Your car was authorised, the signs were pants and the minutes it took were probably within the IPC grace period or reasonable under the circs.

Crack on with beating the scammers.

BertramPossum

Coupon-Mad,


Thank you for your reply. A quick question: when you say that my car was authorised, is that by dint of being their on legitimate business?


Regards,


BertamPossum.

Coupon-mad

Yes that's right; the car can't be said to be 'unauthorised'. The signs might well use that word, and that lends itself to an immediate defence point.

It sounds like you were going about normal activities by popping in to ask where you should park, having not stopped anywhere obstructive and not seen any huge signs telling you that your next 5 minutes would cost you £100!

And if it was only minutes then the PPC failed to offer you a reasonable grace period or observation period to familiarise yourself with the car park, find out where to park and comply with any terms once drawn to your attention, which on entry, they were not.

If you had to get out to quickly ask the onsite company where to park, it can't have been clear & obvious can it!

BertramPossum

Coupon-mad,


Thank you for your clarification. I shall submit my data request this evening, inform their solicitors of this and request a hold on proceedings while the request is completed.


Regards,


BertramPossum

The_Deep

A judge would struggle, imo, to find for the claimant here. How on earth could this be regarded as a breach of contact? You have not parked, therefore there has been no contract.

How much are they asking for? If it is more than £100 they are trying to scam you. £100 is all thy the Law allows for this sort of claim. The down market solicitors whom the PPCs engage know this, but, because they are solicitors, know that a lot of people will pay up.

It is in fact double charging and non claimable debt collectors' add ons. Imo, this is fraud, or, at the very least, improper conduct.

I urge you to report this grubby law firm to their regulatory body, the SRA.

https://www.sra.org.uk/solicitors/handbook/code/content.page

as I am sure they do not condone this conduct.

They are trying to scam you, complain to your MP as it is the will of Parliament that these scammers, (very often former clampers), 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.

BertramPossum

The Deep,


Thank you for your reply, which is helpful. I shall continue to dispute the claim, using your advice, and Coupon-mad's.


Regards,


James.