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Notification of Legal Proceedings Received

Hi all

I have today received a notification of legal proceedings from a parking provider. Here is a brief summary of what has happened.

1) I am the owner of the vehicle and was not driving the vehicle when the ticket was issued. The ticket was issued for not displaying a valid permit. The driver was using the facilities of a local business who advertised on their literature that they supplied free parking. No mention was made of needing a permit.

2) The driver contacted the parking provider the day the ticket was issued. The driver supplied their name, address, phone number and tried to engage with the IPC appeals procedure.

3) The parking company replied and stated that users of the business could only park in certain bays. No mention of bays was made to the driver by the local business. The car park is very poorly maintained with no markings being readable. The photo sent by the parking company with the notification of legal proceedings confirms this.

4) The parking provider did not deal with the driver's appeal within the timeframes given by the IPS and tried to force the driver to go through the non-standard appeals route. They sent a number of abusive e-mails alleging that the driver failed to supply further information to support the appeal. This is not true and the e-mail chain confirms this.

5) I then received a notice to keeper.

6) I replied advising the parking provider that the driver had already admitted they were driving and had tried to engage with an appeal.

7) No reply was received but they advised the driver that they had received correspondence from a third party and that only the driver should engage with them.

8) As the registered keeper then received a letter from their debt recovery company Debt Recovery Plus. I made one phone call and advised them that the driver had tried to make an appeal and could they please look at this. I have received a further 10 letters over a twelve-month period.

9) Notification of legal proceedings received.

If this is enough information for you lovely people to offer me some advice then I would be really grateful. I can supply full details of appeals made and some very dodgy correspondence received if needed.

Thank you in advance
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Comments

  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Which parking company is this? The full name no abbreviations please.
  • They are well known for checking this forum so I would rather not say. Thank you though.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    They are well known for checking this forum so I would rather not say. Thank you though.

    Given most companies check here and it doesn't cause any issues as long as people are aware of it I don't get your reticence but it's your call.
  • illgetthroughthis
    illgetthroughthis Posts: 50 Forumite
    Ninth Anniversary Combo Breaker
    edited 8 June 2019 at 2:33PM
    .............
  • Umkomaas
    Umkomaas Posts: 43,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I have today received a notification of legal proceedings from a parking provider.
    Directly from the PPC, or a solicitor (which one) acting for them?

    Is it headed 'Letter of Claim' (or similar), giving you 30 days in which to respond, and enclosing a sheaf of information sheets and a financial profile questionnaire (which you don't complete, none of their business!).
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Did the driver give a serviceable address in thier appeal
    And who is the threat of legal action from?
  • The driver gave their home address and e-mail.

    The letter is from the PPC. Not a solicitor.

    Thank you
  • Umkomaas wrote: »
    Directly from the PPC, or a solicitor (which one) acting for them?

    Is it headed 'Letter of Claim' (or similar), giving you 30 days in which to respond, and enclosing a sheaf of information sheets and a financial profile questionnaire (which you don't complete, none of their business!).

    The letter is headed "notification of legal proceedings".

    It does include an information sheet and a financial questionnaire.

    Thank you
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    So who has received this letter?
    Driver or registered keeper?
  • Fruitcake
    Fruitcake Posts: 59,469 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Has the person named as driver acknowledged that they were driving at the time of the alleged event?
    If not then the scammers can pursue the keeper.

    What happened when the driver and keeper separately complained to the local business manager?

    Have both the driver and keeper complained to their MP about this unregulated scam?

    Is there any particular reason why the driver has been named? The normal advice is not to do this as the keeper has certain protections in law that the driver does not.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
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