Fine for entering wrong vehicle reg

KeithP

Perhaps your second sentence could be expanded to something like:

In line with paragraph 4.2 of the Pre-Action Protocol for Debt Claims, I would like to request that the case be put on hold for thirty days as I am seeking debt advice.

familyguy321

Thanks KeithP. I've just read through paragraph of the PAP which states:

4.2 If the debtor indicates that they are seeking debt advice, the creditor must
allow the debtor a reasonable period for the advice to be obtained. In any
event, the creditor should not start court proceedings less than 30 days from
receipt of the completed Reply Form or 30 days from the creditor providing
any documents requested by the debtor, whichever is the later.

Based on the bit in bold, wouldn't it be better if the RK used this email to request following instead:

1. An explanation of the cause of action
2. Whether they are pursuing me as driver or keeper
3. Whether they are relying on the provisions of Schedule 4 of POFA 2012
4. What the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim.
7. A plan showing where any signs were displayed
8. Details of the signs displayed (size of sign, size of font, height at which displayed)

Umkomaas

Why not? Just do it. Sometimes you have to take your own initiative, we are just a parking forum, providing opinion and advice on avoiding being scammed in private car parks. We are not a litigation-focused forum and no regular contributor here is any more legally trained than you are.

Redx

If you read what I said closely , I used 3 words , not two , you have chosen to cut it down then you wonder if what you wrote is too short !!

Debt management advice , not debt advice

The whole point of the reply is to use your own take and not use those forms. Those forms are for when the court claim is about rent or lease matters , a dispute with a builder over the cost of the extension etc , the system is not suited to parking matters

Also , put all of your questions into one single post , otherwise this thread will break all records , it's already at nearly 200 posts and no court claim yet

But as mentioned above , you need to add some initiative of your own , especially as you are asking about legal matters on a parking forum , like asking about mobile home holidays in Jamaica on a UK canal boat forum

Le_Kirk

familyguy321 wrote: »

Dear Sir or Madam,

I am in receipt of your Letter of Claim dated [date].

I would like to request that the case be put on hold whilst I seek debt advice.

Regards,
[Defendant]

Whilst I deny that any debt exists..............

.... and then adjust as per other advice above, particularly the pre-action protocol, assuming it still is pre-action, i.e. no formal court papers have been issued from Northampton CCBC.

familyguy321

All, thanks for your responses and help - it is much appreciated. Taking on board Redex's advice, I have included in this single post the two emails the registered keeper intends to send (instead of using separate posts for each email). The first email is to QDR in response to the LoC, the second is addressed to the registered keepers MP. Please review and let me know if anything needs amending.

Email 1

To: info@qdrsolicitors.com
Subject: Response to Formal Letter of Claim reference xxxxxxx

Dear Sir or Madam,

I am in receipt of your Formal Letter of Claim dated [date].

Pursuant to Practice Direction – Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d)), 5.1 and 5.2, I require your client to send me the following information/documents that I am entitled to:

1. Whether they are pursuing me as driver or keeper
2. Whether they are relying on the provisions of Schedule 4 of POFA 2012
3. What the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated.
4. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
5. Provide a copy of the contract with the landowner under which they assert authority to bring the claim
6. A plan showing where any signs were displayed
7. Details of the signs displayed (size of sign, size of font, height at which displayed)
8. If they have added anything on to the original charge, what that represents and how it has been calculated.

I also need this information in order to comply with my own obligations under Practice Direction – Pre-Action Conduct paragraph 6(b).

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

Regards,
[Defendant]

Email 2

To: xxxx.xxxx.mp@parliament.uk

Dear [MP],

Firstly, I would like to congratulate you on your recent election as MP for [constituency].

Secondly, I regret that I have to trouble you but I wish to obtain your help in seeking the cancellation of a Parking Charge Notice (PCN), aka an invoice, issued by One Parking Solution Ltd which I feel is completely unjustified.

You may be familiar with The Parking (Code of Practice 2019) http://www.legislation.gov.uk/ukpga/2019/8/crossheading/code-of-practice/enacted Bill which received Royal Assent in March last year. The bill was enacted to regulate the excesses of Private Parking companies.

As a registered keeper of a vehicle, I received a PCN from One Parking Solution Ltd dated [date] acting as a notice of a £100 charge for allegedly NO PAYMENT/TICKET at GS Car Park, Mansfield Street, LE1 3DL on [date]. I appealed on the grounds that the correct amount of £1.30 was made for 1 hour of parking and a ticket was clearly displayed inside the vehicles windscreen. In my appeal, I stated that it is possible that my vehicle registration number was not fully entered and therefore the payment may not have matched to the vehicle. I made attempts to request a redacted copy of the records from the parking payment machines via a Subject Access Request which would clearly show a payment of £1.30 was made that is not matched to any vehicle present during that time. Unfortunately, One Parking Solution were not forthcoming with this information.

My appeal was subsequently rejected and I am now being harassed for payment of £182 by solicitors acting on behalf of One Parking Solution Ltd who are threatening me with court action if I do not pay within 30 days. I refuse to pay because, quite simply, payment of £1.30 was made for the parking and this extortionate charge of £182 should be waived.

I trust you will look into this matter and should be grateful if you would take whatever action you consider appropriate.

Regards,
[registered keeper]

Coupon-mad

5. Provide a copy of the contract with the landowner under which they assert authority to bring the claim

You won't get that until evidence stage before the local court hearing.

And this won't happen, you know. There will be a court claim anyway, unless the BPA lean on OPS re the new CoP 'keying error' rules (see below!):

I refuse to pay because, quite simply, payment of £1.30 was made for the parking and this extortionate charge of £182 should be waived.

I would change this (why do people write as if it's their error?):

In my appeal, I stated that it is possible that my vehicle registration number was not fully entered and therefore the payment may not have matched to the vehicle.

To this:

In my appeal, I identified that it is possible that my vehicle registration number was not properly recorded by the old PDT machines at this location, such that the payment may not have been matched to the vehicle by their system. This is such a common occurrence with private parking operators using old - often second hand - Matrix (or other) PDT machines with faulty or faded keys, that the BPA has recently issued new rules to their members. However, OPS have paid no regard to their Trade Body Code of Practice whatsoever, which says:

blah blah...you can find it in other threads, this has been done already...

And email a complaint to Gemma or Steve at the BPA urgently, like everyone else with a 'keying error' PCN right now. We have at least 2 other threads reporting PPCs to the BPA for not paying regard to the new CoP about 'keying errors'.

One was Smart Parking, one was APCOA, and both posted this past week - go find them and copy what they did at this stage.

You can search for the word keying and find them in seconds.

familyguy321

Thanks CM. Will make amendments as advised and email to the respective parties.

familyguy321

Is this ok to send to Gemma and Steve at BPA?

Dear Gemma, Steve,

I regret that I have to trouble you, but I have been advised to contact you as a last resort to seek your help in the cancellation of PCN number xxxxxxx issued by One Parking Solution Ltd for a charge that I feel is completely unjustified.

As a registered keeper of a vehicle, my elderly mother received a PCN from One Parking Solution Ltd dated [date] as a notice of a £100 charge for allegedly NO PAYMENT/TICKET at GS Car Park, Mansfield Street, LE1 3DL on [date]. She appealed on the grounds that the correct amount of £1.30 was made for 1 hour of parking and a ticket was clearly displayed inside the vehicles windscreen. In her appeal, she identified that it is possible that the vehicle registration number was not properly recorded by the old PDT machines at this location, such that the payment may not have been matched to the vehicle by their system. As you are aware, this is such a common occurrence with private parking operators using old - often second hand - Matrix (or other) PDT machines with faulty or faded keys, that I understand the BPA has recently issued new rules to their members. However, One Parking Solution Ltd have paid no regard to their responsibility in ensuring that obvious and inadvertent errors do not lead to unjustified charges. My mother has made attempts to request a redacted copy of the records from the parking payment machines via a Subject Access Request which would clearly show a payment of £1.30 was made that is not matched to any vehicle present during that time. Unfortunately, One Parking Solution were not forthcoming with this information and subsequently rejected her appeal.

She is now being harassed for payment of £182 by solicitors acting on behalf of One Parking Solution Ltd who are threatening her with court action if she does not pay. My mother is not in the best of health and the thought of going to court is causing her extreme anxiety. However she refuses to pay because, quite simply, payment of £1.30 was made for the parking and this charge of £182 is extortionate and completely unjustified.

I trust you will look into this matter and should be grateful if you would take whatever action you consider appropriate.

Regards,
[my name] on behalf of [mothers name]

Coupon-mad

This should be the start of a new paragraph:

In her appeal...

And you 100% need to use the phrase 'keying error' and quote the new BPA CoP about that matter. You can find all of that in the Smart and APCOA threads by searching the forum for the word keying.