PCN/ IAS - Wish I read this forum first - mistakes have been made!

buzzUK

KeithP said:

buzzUK said:

I have a letter from Gladstones Solicitors, do I carry on ignoring?

That really depends on what the letter says.

Can you get any ideas on how to react to that letter from the first few paragraphs of the second post of the NEWBIES thread?

Or maybe the fourth post of the NEWBIES thread will help you.

Thanks KeithP, I am assuming this is the Pre Action phase? I will get on it today, is the fourth post about complaining to the landowner?

buzzUK

Letter wording:
We act on behalf of the above client and are instructed to commence legal proceedings against you to recover unpaid parking charge notice(s) as detailed in the attached schedule (full details of them have been sent to you by our client already), if the amount due/ debt remains unpaid or a valid reason for non-payment is not provided.

The amount due/ debt includes £60.00 claimed by our Client for the time/ resources spent on facilitating the recovery of the unpaid parking charge notice(s) pursuant to its ATAs code opf practice and the Terms and Conditions of the Contract, which was entered into upon the driver of the vehicle entering the relevant land. The amount is a pre determined and nominal contribution to our clients losses as a direct result of your non-payment.

We refer you to the Pre-Action Protocol for Debt CLaims (Paragraph 7) (The PAP) and the Practice Direction for Pre-Action Conduct (paragraphs 13-16) contained in the civil procedure rules (CPR); Regarding the Courts powers to impose sanctions for any failure to comply with the Practive Direction or the Protocol.

You should do one of the following within 30 Days of the date on this letter:

1.Pay the Dept.
2. Dispute the Debt -(details are then given on how to dispute)

Warning regarding the issue of cour proceedings.

If you fail to pay the amount due/ debt or provide reasons as to why you dispute the debt with 30 days, our client reserves all its rights, including the right to commence court proceedings (without further reference to you should that prove necessary and appropiate), which will incur further costs and interest (as detailed overleaf), which will be added to the value of the Amount Due/ Debt/

Our Client is satisfied it has sufficient evidence to support any Court proceedings brought against you.

Should you failt to make payment of the Amount Due/ Debt and fail to respond to any subsequent Court proceedings, a count court judgement (CCJ) may be entered against you.

The letter then threatens how it effect my credit rating for 6 years. And an estimation of the total is given as around 4x the amount of the original ticket. Just a reminder this was my own parking space, in my allocated space.

Umkomaas

Is the letter headed 'Letter Of/Before Claim'?  If so you now need to take the action as detailed in the NEWBIES FAQ Announcement, second post,  

Half_way

What have you said to the management agents??

With "own space" residential cases its important to be pro active in order to nip things on the bud, and if required drag the management company/agents into this as well - and if possible even go for the individual in the managemetn company that signed with the parking company..

You also said they have a new so called parking company in the area, who is this? and have you objected to it and told the management company to get stuffed?

buzzUK

Umkomaas said:

Is the letter headed 'Letter Of/Before Claim'?  If so you now need to take the action as detailed in the NEWBIES FAQ Announcement, second post,  

it is lettered as 'Before'

buzzUK

Half_way said:

What have you said to the management agents??

With "own space" residential cases its important to be pro active in order to nip things on the bud, and if required drag the management company/agents into this as well - and if possible even go for the individual in the managemetn company that signed with the parking company..

You also said they have a new so called parking company in the area, who is this? and have you objected to it and told the management company to get stuffed?

I did not get in contact with the management agency as previously advised, it was lockdown and emails were blanked, phone calls were dismissed, the agent herself has been sacked recently, and a new one has been appointed, the company itself are terrible, but I will be able to push my narrative if needed, but is there any point now? its gone this far, I am assuming its out of their hands now.

KeithP

Now that you have told us it is a Letter Before Claim, and your description of it seems to fit, you need to be referring to the second post of the NEWBIES thread to discover exactly how to deal with it.

buzzUK

KeithP said:

Now that you have told us it is a Letter Before Claim, and your description of it seems to fit, you need to be referring to the second post of the NEWBIES thread to discover exactly how to deal with it.

Hi KeithP, 

I have now received the SAR from PCM UK, per instructions I also notified Gladstones, do I now just wait for a court claim?

Kind regards

Buzz

Umkomaas

buzzUK said:

KeithP said:

Now that you have told us it is a Letter Before Claim, and your description of it seems to fit, you need to be referring to the second post of the NEWBIES thread to discover exactly how to deal with it.

Hi KeithP, 

I have now received the SAR from PCM UK, per instructions I also notified Gladstones, do I now just wait for a court claim?

Kind regards

Buzz

About it, but you would be advised to start thinking about your defence and especially your Witness Statement (which will be in a few months time, when your memory will be a few months older!). The NEWBIES FAQ Announcement, second post, gives you the advice you need and there is also a template Defence as one of the 5 Announcements 'stuck' at the top of the forum thread list.  Do have a read through these. 

There will also be some PCM court cases reported on the forum, so please do a search on those and read how they panned out. Certainly the more you read and understand, the better you will be able to handle any court case that emerges. 

Turning to the SAR response - was there anything in the documents you received alerting you to any deficiency in how PCM have issued the parking charge?

buzzUK

Umkomaas said:

buzzUK said:

KeithP said:

Now that you have told us it is a Letter Before Claim, and your description of it seems to fit, you need to be referring to the second post of the NEWBIES thread to discover exactly how to deal with it.

Hi KeithP, 

I have now received the SAR from PCM UK, per instructions I also notified Gladstones, do I now just wait for a court claim?

Kind regards

Buzz

About it, but you would be advised to start thinking about your defence and especially your Witness Statement (which will be in a few months time, when your memory will be a few months older!). The NEWBIES FAQ Announcement, second post, gives you the advice you need and there is also a template Defence as one of the 5 Announcements 'stuck' at the top of the forum thread list.  Do have a read through these. 

There will also be some PCM court cases reported on the forum, so please do a search on those and read how they panned out. Certainly the more you read and understand, the better you will be able to handle any court case that emerges. 

Turning to the SAR response - was there anything in the documents you received alerting you to any deficiency in how PCM have issued the parking charge?

Cheers, time to get reading and writing up prepared then.