F1rst Parking 'parking charge notices' at Royal Holloway

smallpet

Hi there. In November I received 2 parking charge notices from F1rst Parking for allegedly using the car park at Royal Holloway, where I work. (They claim that they actually sent me 3, but that's another matter!) The letters claim that I used the car park without displaying a valid permit. They asked me for £60 for each PCN/invoice, discounted to £30 each if paid within 14 days (now expired). I immediately appealed the 2 invoices that I received (they claim that I only appealed 1 - again, another matter!). Their invoices were all sent to my previous address and forwarded by Royal Mail - my details have subsequently been updated with DVLA.

I heard nothing in response to my appeals, until last week when I received a letter from National Debt Collections Ltd, again sent to my previous address and forwarded by Royal Mail. The letter just seems to amount to another demand for payment for one of the PCNs/invoices (I assume that letters for the remaining one (or two!)) will be arriving shortly. Whilst the original PCN/invoice was for £60, the letter asks for £130, with no explanation for the increased amount. The letter says that if I don't pay, they will recommend that the creditor considers court action and may conduct a credit search. So this letter seems to be not much more than bluster.

After receiving this letter from National Debt Collections, I emailed First Parking to say that I had not received a reply to my appeals back in November ... they emailed back and said that they rejected my appeal shortly after I made it, and included a copy of the rejection letter they claimed to have sent to my email address (I didn't receive it - might have gone to the spam folder and been automatically deleted). They also claimed in the email that I have been issued with 3 parking charge notices, not 2, and that I only appealed 1, not 2 ... oh well.

Here is the issue I have with the notices they have sent (well, with the 2 that I have seen!): the parking charge notices include (presumably as evidence?) photographs of my car on a through road along which anyone is entitled to drive without paying for car parking. There are no photos of my car parked in the car park. It is common for me to drive along this road without parking in the car park, sometimes more than once per day. So, as far as I can see, these photos don't constitute evidence that I actually parked (contrary to the regulations or otherwise) in the car park.

When I emailed First Parking, I explained all this. I asked whether they have any evidence that I actually parked in the car park, but they did not address this in their reply. It's too late now to appeal via POPLA, and apparently First Parking chooses not to participate in Ombudsman Services alternative dispute resolution services.

Here are some questions I have for you wise people:
1. I'm inclined to let this go to court and defend it with reference to the fact that the photographs shown on the parking charge notices don't actually constitute evidence that I parked in the car park. Does this sound like a reasonable strategy?
2. The amount originally demanded on the PCNs/invoices was £60 each (ignoring the now-expired discount period) but the letter from National Debt Collections Ltd gives the 'current balance' for just one of the PCNs of £130, with no explanation for the increase. Can they do this? And if it went to court and I lost, is the court likely to expect me to pay this unexplained increase?
3. I've told First Parking, via email, that they sent their PCNs/invoices to my old address, and that they can get my current address from the DVLA. They also have my workplace address, which is fine for correspondence. I don't particularly want to give them my current address directly - does that sound sensible?
4. Do any of the companies involved in this have the power to put some sort of black mark on my credit file?

Thanks very much in advance for any insights here.

Le_Kirk

1. If you have missed POPLA then court is the only option but it won't be case of you letting it go to court, it will be a case of the PPC issuing a LoC and then formal court papers. Photos of the car on a publicly accessible road are not evidence of parking so I would say you have a good stance there.
2. You can safely take no action about debt collector letters (except file them). See a thread by beamerguy about Abuse of Process and read threads by CEC16 to see what happens to PPCs and solicitors that try to claim additional spurious costs.
3. Send an e-mail to the DPO of the parking company advising them of your address for service and requiring them to inform all of their agents and to ERASE your old address. DPO can usually be found on the privacy page of the PPC web site.
4. Only if you go to court, lose and fail to pay within the time scale set by the judge.

Coupon-mad

I'm inclined to let this go to court and defend it

We agree.

F1rst only did 5 hearings in 2019, out of over 30,000 data requests from the DVLA.

Nothing to worry about. Come back if you do get court claim, and keep all paperwork.

smallpet

Thank you very much for your advice, which I'll follow!

I only just became aware of the 'newbies' thread after seeing Coupon-mad's closing info - it would have answered some of my questions here ... thanks for your patience

Redx

I suspect she will have to remove the word Scotland from her signature now , seeing as their MP,s have sold them out with the new Transport Bill

Fruitcake

Whatever else you do, complain to your MP about this unregulated scam.

smallpet

The car park is not in my constituency - but a good idea to complain to the relevant MP in any case.

Fruitcake

smallpet wrote: »

The car park is not in my constituency - but a good idea to complain to the relevant MP in any case.

You need to complain to your MP, but you can include a curtesy copy to the MP where the scam is being perpetuated.

The_Deep

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]