Mitigating circumstances

diz574

The PCN was timed at 10:45.

diz574

I received a reply to my robust letter of defence. They have simply repeated the statement that I should have moved on if I couldn't pay and Link Parking are with their rights to pursue payment of the PCN. They have completely ignored my explanation of the circumstances and that the parking company are not out of pocket.
The last paragraph reads
"It is important that you contact us within 14 days of the date on this letter to avoid further collections activity on the Account. Should you not be willing to arrange an affordable repayment plan for this Outstanding Balance we strongly recommend that you seek your own independent legal advice."
I can't think of anything more to do at this time except wait for the claim to come in.

Any thoughts?

waamo

I agree. Nothing you can do other than wait.

diz574

Yesterday I received a letter from BW Legal offering me a 20% discount to settle by May 30th. So they're prepared to accept £128 instead of £160. Clearly not going to pay it!
Once again nothing to do but wait it out!

zhonguonuren

Hello OP.  Your type of case makes me furious.  Do you have access to the site and could take a photograph of the sign?  Don’t ask the scammers, they are likely to produce a photograph of a new sign  (happened in my case).  

More and more car parks seem to be including ’if you cannot pay, do not park’.
If your sign didn’t, it might add weight to your defence when the time comes. 

I cannot imagine a judge would find it was a breach of contract. 

Please send a complaint to the IPC via their portal (Remember to include that you have evidence you tried to pay).
I have had it first hand from Mr Hurley that he never receives complaints so can’t accept liability for not looking into parking companies (like my outfit of scammers).  Mention to him a complaint against Kernow Parking Solutions where he said if he had received the complaint, he  would have looked into it.  Trust me he will know exactly the case you are talking about. Ask him to stop this abuse and the harassment you are suffering.  

All the best Zhong

D_P_Dance

 

More and more car parks seem to be including ’if you cannot pay, do not park

Certainly not in the est interests of shareholders

diz574

After the Coronavirus hiatus, I've now received a Letter of Claim from BW Legal. Again, they're inviting me to pay the balance of £160 to stop the court action.
I have written to them previously stating my reasons for not paying the parking charge.
Based on what I've read on this forum I think I still need to just await the court action.
If there's anything I need to do before the court action can anyone please let me know.

Cheers
Diz574

Le_Kirk

Whilst it is "fresh" in your mind you could pull together an outline defence and witness statement.  Use the standard defence template (it's one of the first five threads in the forum list.  Also, unless you already have, submit a SAR to the DPO of the PPC.

Redx

As long as you have a SAR reply from link then just ignore the debt collectors and await an MCOL claim form pack from the CCBC in Northampton

Umkomaas

If the Letter of Claim gives you 30 days to respond and includes some FAQs and a financial pro forma (don't complete that), then it's probably the final step prior to a formal court claim. If so, please deal with it as per the NEWBIES FAQ sticky, second post.