Unfair 3D Parking Fine, Is this a Letter before Court?

Frustanger

Hi, 
Thank you in advance for advising me on my case. I received a PCN in May 2019. I paid in cash into a machine at Water World Stoke-on-Trent which didn't give me a receipt. I foolishly believed my payment and number plate would be registered! I appealed the PCN, and this was acknowledged. The next thing I received was a letter from Trace Debt Recovery, demanding £160 because I hadn't paid in time! When asked where the appeal rejection was, the parking company claimed to have sent me an email containing a letter of appeal rejection. I have successfully received both email and letter from this company so I can't see how I could possibly have missed it! So presumably they didn't sent it. When asked for proof of original email they were unable to to give anything convincing. I had by this time missed the 3 week window in which to use the Independent Appeals Service. It is only now, on reading this site and parking Cowboys site I see that I could have made an atypical appeal, but this had to be done within a year. 
In August 2019 I told the debt collection company that I disputed the ticket and would pay under duress once court proceedings had been issued. I heard nothing for 4 months and so presumed they had dropped the case. I then moved house, and so am not sure if the debt collection letters continued. I then moved house again. I went back to my old house just after Christmas to see that they have sent a letter before court, at the beginning of December. I have contacted the solicitors involved and given a brief outline of my case. I see that I need to write a letter pointing out all the mistakes in the letter before court action. But also that the alleged initial appeal rejection letter is poor and misleading. Obviously I am quite stressed about all of this. I am thinking of making a without prejudice offer of the initial £60 just to get them off my back. I would just like to hear your thoughts on all of this, just incase you have some useful insight which might help. I look forward to hearing from you. 
Time Deprived Angry Mother!

Umkomaas

I see that I could have made an atypical appeal, but this had to be done within a year.  

That was your first lucky break, because to appeal using the non standard service would not only mean you having to pay £15 for the 'pleasure', but you would have agreed to be bound by the adjudication. The IAS has stated in their annual report that they have allowed only 5% of appeals. 

If your appeal is DECLINED: The parking charge has been considered to be lawful. You will be required to pay the charge, along with any debt-recovery fees that have been incurred up to the date of your appeal. This outcome is binding on you.

Obviously I am quite stressed about all of this. I am thinking of making a without prejudice offer of the initial £60 just to get them off my back. 

It won't happen. They will see you're wobbling and smell blood, their pursuit will intensify. Almost no one reels the charge back to the original £60. 

I went back to my old house just after Christmas to see that they have sent a letter before court, at the beginning of December. 

Which solicitors?  Did they set a deadline in the letter of 14 or 30 days for a response from you?

I then moved house, and so am not sure if the debt collection letters continued. I then moved house again.

It is critical that you inform the Data Protection Office of the PPC (email details should be shown in the Privacy section of their website). Do not send to any of their general email addresses. You must inform them of your new address and require them to erase (use that word) all previous addresses held by them and to inform any of their agents holding and/or processing your personal data. 

Do you have Mail redirection in place with Royal Mail?  With a potential court claim in the wings, this would be a wise second line of defence in ensuring you don't miss a PPC and/or solicitor communication. They have 6 years to pursue you to court. 

Redx

Plan A is still your best option in the meantime , getting Waterworld to cancel it at source

3D parking were never going to back down no matter what you tried or did !!

Frustanger

Hi UmKomass and Redx,
Thanks for responding. The solicitor is bwlegal. They gave from 8th January, to 12th Feb to receive payment, or a response. I am going to go through the letter tonight as per the instructions of the practice direction to see what was missing. I can tell you that the alleged initial rejection  of appeal letter fell way short. I thought if it ended up in court I would look at these details. Regarding my old address I have now informed the solicitors of the new one and we are in touch by email. Interesting what you say about the IAS that makes me feel better. I see them failing to send the appeal response as deliberately obstructing the Practice direction, as it is hampering attempts at resolving the problem before it gets to the courts. I have spoken to Water world. The man reluctantly gave me his email address but it didn't sound too promising. 

Umkomaas

Regarding my old address I have now informed the solicitors of the new one

It is critical that you inform the Data Protection Office of the PPC (email details should be shown in the Privacy section of their website). 

I'll leave it there!

Frustanger

OK will do!

Frustanger

Interestingly, the person in charge at WaterWorld has been in touch with 3DParking, who are saying I can appeal until June. Do they have the power to bend the rules with the Independent Appeals Service and does this mean that they are an appeal system in name only, and really just an extended part of the parking company?

Redx

Waterworld can instruct 3D to cancel or whatever if its in thei contract between them , nobody here has seen that contract

3D can issue an appeal code or accept an appeal whenever they like , there are no rules or regulations in this cowboy industry

try an appeal and see what happens , but ideally you want Waterworld to tell 3D to cancel it , as I said earlier today

Coupon-mad

OMG do NOT NOT NOT NOT use the non-standard IAS. You knojw why not, we told you why not.

D_P_Dance

Put a poor/bad review of Waterworld on TripAdviser about this and complain to your MP

BrownTrout

D_P_Dance said:

Put a poor/bad review of Waterworld on TripAdviser about this and complain to your MP

Waterworld is great fun