Didn't follow advice in NEWBIES thread

2532452

I came across this forum after I began interacting with the parking company so I didn't follow the advice in the NEWBIES thread. I am therefore after advice how to best proceed given that I may have shot myself in the foot.

I got a £100 PCN from a BPA member followed by a Final Reminder (£115) and a letter from a 'legal' firm (£170).
The PCN states the 'Whole Period Of Parking Not Paid For' and photos of my vehicle entering and exiting the car park 2h25m apart.
The strongest words in the 'legal' firm's letter are 'if you fail to pay before [expired date] proceedings will be commenced before the Civil Courts'.

I unwisely used a template on Resolver.com including the following text : "We parked in the car park. purchased a 3 hour ticket from the machine and left ahead of when when the ticket expired." and copied in the 'legal' firm.

The 'legal' firm have now responded with a template stating the breach was "failing to pay for the full duration of your stay. Specifically, purchasing parking for 2 hours but remaining parked for 2 hours 25 minutes, failing to pay for this 25 minutes overstay period in contravention of the Terms of Parking."

This contradicts the reason stated in the PCN 'Whole Period Of Parking Not Paid For'.

I am certain bought a cash ticket, displayed it in the vehicle and left before the ticket expired. Its possible I bought the ticket up to 30mins after entering the car park. I believe I purchased a 3 hour ticket but it is possible I purchased a 2 hour ticket.

Should I ask for evidence that I bought a 2 hour ticket or wait for a Letter Before Claim? Your advice is appreciated.

Umkomaas

You need to tell us just exactly who you’re dealing with, as advice can pivot on who the main protagonists are.

PPC name?

Solicitors’ name?

What kind of car park was it - single retailer, retail park, hospital, hotel ......?

....... will do to start with.

KeithP

Did 'the 'legal' firm's letter' give you thirty days to pay?

Who did 'the 'legal' firm's letter' suggest you pay?

I cannot see any contradiction between ''Whole Period Of Parking Not Paid For'' and "failing to pay for the full duration of your stay".

2532452

PCN from Premier Park Ltd.

'Legal' firm are PP Legal, a 'trading style of PP Management Services Ltd'.

Private car park in a tourist town.

The 'legal' firm letter states 'Payment of PCN is required before [14 days after the date of the letter]'.

KeithP - rereading this I can see how you have interpreted it. I read it as 'No payment was made for any of the parking period' rather than 'whilst some of the parking period was paid for, a remainder was not paid for'.

Umkomaas

'Legal' firm are PP Legal, a 'trading style of PP Management Services Ltd'.

They’re not solicitors, just the debt collection arm of PP.

https://www.pplegal.co.uk/

The 'legal' firm letter states 'Payment of PCN is required before [14 days after the date of the letter]'.

Debt collection chaser letter. Ignore it. 14 days is the clue, a proper Letter of Claim requires a 30 day window for response.

Fruitcake

Luckily it appears you didn't reveal the driver's identity, but used the word, "we" instead.

I think Premier Park NTKs use non PoFA complaint wording. The one I have just seen has the wording, "if, after the period of 29 days beginning with the day after that on which the notice is given" which does not appear in the PoFA 2012.

2532452

I have now got a number of letters from BW Legal Services ltd related to the PCN. The latest of which is entitled 'letter of claim' saying that if they havn't heard from me by a date in a couple of months time they "are instructed to issue a Claim against you in the County Court without further notice". They said the letter was sent in accordance 'Pre-Action Protocol For Debt Claims' and they have included a 'Reply Form' that includes an option for 'I dispute the debt' and invites me to give my reasons.
I have only sent 1 poorly worded email mentioned in the original post. Should I respond?
Your advice is greatly appreciated.

KeithP

2532452 said:

Should I respond?

Yes you should.

As you might expect, there is full guidance on how to do so in the second post on the NEWBIES thread.

2532452

Thanks - I have requested a SAR and notified BW Legal per the second post in the thread.

Redx

Start preparing for court claim forms , so draft your defence and get ahead of the game , by adapting the latest defence that coupon mad posted last week

Coupon-mad

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs