PCN Received from New Generation Parking Management - Advice Required

D_P_Dance

The alleged debt should be no more than £100, the added £60 is unlawful.  Read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

 

nero33

Heard nothing for 9 months - then received this notice in the post a few days ago.

Safe to ignore this as well until we actually receive a REAL court summons?  Which I am looking forward to receiving!

Umkomaas

Safe to ignore this as well until we actually receive a REAL court summons? 

Nope. That needs a response as outlined in the NEWBIES FAQ Announcement, second post.  Could well progress to court, but you won't receive a 'summons'. That's reserved for criminal cases. 

nero33

Umkomaas said:

Safe to ignore this as well until we actually receive a REAL court summons? 

Nope. That needs a response as outlined in the NEWBIES FAQ Announcement, second post.  Could well progress to court, but you won't receive a 'summons'. That's reserved for criminal cases. 

Thanks.

I've checked out their form to complete and the 4 main things it is asking is:-

1) Do I dispute the debt?  I'm going to say YES here.
2) Reasons WHY I dispute the debt and an option to submit any supporting evidence/docs
3) Do I require 30 days to seek advice? I'm guessing NO
4) Completion of financial statement (once I've completed 1-3)

Do I show my complete hand here and give all my reasons for disputing the charge as if I was presenting a case in court - because I am sure these guys are solely acting to collect the debt therefore are not impartial in any way.  I'd feel more comfortable not showing them my hand, but I am happy to be guided by you guys.

Thanks

Trainerman

See the Newbies, response to a genuine Letter of Claim. 30 days hold for debt advice ( and time that properly) and SAR to the PPC, if you have not already

Umkomaas

Are you following the advice given in the NEWBIES FAQ Announcement, second post?  It doesn't seem so. Please read it before doing anything instinctively. 

nero33

Umkomaas said:

Are you following the advice given in the NEWBIES FAQ Announcement, second post?  It doesn't seem so. Please read it before doing anything instinctively. 

I had the Newbies thread bookmarked and have read it again but don't really understand where the letter I received this week fits in to that? What step/stage is my type of letter.  Sorry for not understanding that thread fully

Trainerman

As I said a few minutes ago, you have a genuine Letter of Claim. It says that in big capital letters at the top.

The second post in the Newbies says what to do when you get a LOC. As before, SAR to the PPC and a well timed 30 day hold email to the 'legal'

Coupon-mad

You were advised to read the LBC section of the NEWBIES thread.

What does it (the NEWBIES thread section about LBCs, not the DCBLegal letter) say about those stupid reply forms?

nero33

I have emailed my SAR request to the Parking company and was about to email their solicitors with the following (as advised on the Newbies forum):-


"Your email tells the solicitor:

(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
(b) I have sent your client a SAR

(c) also confirm your correct 'address for service' if you've moved and the PPC has two addresses."

I can't work out for the life of me point (c).  Am I asking the solicitors to confirm their 'address for service' or my address?  (a) and (b) make sense as it is a clear instruction to the solicitor.  (c) is ambiguous to me.  

Thanks for any help - it has to be sent by today