Letter before a claim - next steps?

greenfalco

Good afternoon,

The original thread has been closed (I don’t know why) - https://forums.moneysavingexpert.com/discussion/5980299/euro-parking-services-ltd-pcn-ntk/p1

The keeper has received a letter before a claim from Gladstones. 30 days to pay the debt or dispute. Please can someone help with the next steps?

many thanks
GF

Redx

It's in the newbies FAQ sticky thread , second post

No filling in the financial forms

Reply to gallstones , disputing the alleged debt and telling them to place the matter on hold for 30 days whilst you seek debt management advice

Email a SAR to the DPO at the PPC and attach a copy of the V5C as proof of I D under the GDPR law , or copies of 2 recent redacted utility bills , to obtain all your data ( if not done previously )

Then sit back and wait

Umkomaas

The next steps are all laid out in the NEWBIES FAQ sticky, second post. Much of the advice there has been written by legally qualified contributors. 

You will need to get a SAR off to the DPO at the PPC and write to the sols to tell them that while you deny any debt, nonetheless you are seeking debt advice and they should put your case on hold for a minimum of 30 days. 

Could you please give us a brief synopsis of the key points of your case here to avoid having to flit back and to between 2 separate threads. 

greenfalco

Redx said:

It's in the newbies FAQ sticky thread , second post

No filling in the financial forms

Reply to gallstones , disputing the alleged debt and telling them to place the matter on hold for 30 days whilst you seek debt management advice

Email a SAR to the DPO at the PPC and attach a copy of the V5C as proof of I D under the GDPR law , or copies of 2 recent redacted utility bills , to obtain all your data ( if not done previously )

Then sit back and wait

Umkomaas said:

The next steps are all laid out in the NEWBIES FAQ sticky, second post. Much of the advice there has been written by legally qualified contributors. 

You will need to get a SAR off to the DPO at the PPC and write to the sols to tell them that while you deny any debt, nonetheless you are seeking debt advice and they should put your case on hold for a minimum of 30 days. 

Could you please give us a brief synopsis of the key points of your case here to avoid having to flit back and to between 2 separate threads. 

Thank you both:

Hopefully this helps:

The keeper received a PCN NTK (via post) from Euro Parking Services Ltd (an IPC member) for the reason, ‘Not parked correctly within the markings of the bay or space’. The driver does remember parking there (not obstructing any other vehicles or pedestrians) until another space came free, which is when the driver moved the car to an available space. The offence occurred for a total of 8 minutes, yet has resulted in a £100 fine.

The keeper would like to point out that the ‘contravention date’ was the 21/02/2019, but issue date is 12/03/2019 (letter received on 15/03/2019). This is past the 14-days which the keeper keeps reading is the time limit Euro Parking Services has, but no mention of POFA 2012.

greenfalco

I might also add the keeper no longer owns the car. Not sure if this matters?

Umkomaas

The keeper would like to point out that the ‘contravention date’ was the 21/02/2019, but issue date is 12/03/2019 (letter received on 15/03/2019). This is past the 14-days which the keeper keeps reading is the time limit Euro Parking Services has, but no mention of POFA 2012.

They don't have to use PoFA, but if they haven't, the registered keeper (but not the driver) is protected by the legislation. It's particularly helpful if the RK was not the driver, but if attempting to use it as a loophole, it exposes the RK to a Judge asking 'Were you the driver on the day in question?'  So that will need some thinking about, possibly in due course. 

Redx

It's not an offence

It's not a fine

No it doesn't matter , it was registered at the time and a driver is ALWAYS accountable

EPS are not using POFA , it's not mandatory , they are working on the assumption that the keeper and driver are the same entity

greenfalco

Seems pretty straight forwards so far, would you like to see the drafts before I send SAR to DPO and 30 day request to solicitor? 

Umkomaas

greenfalco said:

Seems pretty straight forwards so far, would you like to see the drafts before I send SAR to DPO and 30 day request to solicitor? 

The SAR is a template (but don't offer the opportunity for them to seek even further ID than the copy of your V5C), and as long as you refer to 'seeking debt advice' in the letter to the sols, we don't really need to see the drafts. But if there's anything you're uncertain of, feel free to ask. 

D_P_Dance

Have you complained to your MP?

greenfalco

D_P_Dance said:

Have you complained to your MP?

Not yet, unsure of how to approach it and to which MP, the incident took place in Birmingham yet the keeper lives in Worcester