PCN - Letter Before Claim

sd1234

I received a PCN whilst parking in a hospital car park.  I was a member of staff at the time and parking restrictions were relaxed for staff and patients due to the pandemic. I now still work for the NHS but at a different trust.

Vehicle Control Services Ltd issued my PCN, I appealed it online explaining that I was simply trying to park for work as I had done throughout the pandemic.  My appeal was unsuccessful.  I received a LBC dated 21/10/2021 two days ago, it states I must pay £160 by 20/11/2021.

After reading the forum, I contacted PALS of the hospital to ask for them to help.  They told me that the car park which I parked in does not belong directly to the hospital but to a separate NHS centre and it is not part of the trust that I worked for.

The LBC appears to include all necessary information, it gives me a web link to check photographic evidence of my parking with signs.

I am not really sure how to proceed from here.

Any advice would be much appreciated.

Many thanks.

Coupon-mad

I think just do what the NEWBIES thread says and get a SAR so you get all the photos and letters.  What was the PCN issued for, no permit for that car park?

sd1234

Yes for parking without a valid permit/ Ticket.

If I write to request a SAR should I also fill in and return the Reply Form?

Thanks

KeithP

sd1234 said:

If I write to request a SAR should I also fill in and return the Reply Form?

No.     

How does the decision to send a Subject Access Request change the suggestion in the NEWBIES thread...

DO NOT use the 'reply forms'.    

sd1234

Sorry, I see that now.  Ok found the relevant address to email my SAR request, will send that and see what comes of it, then work on my defence.
Thanks for taking the time to answer my questions.

D_P_Dance

 it states I must pay £160 by 20/11/2021.

They have added what appears to be an extra unlawful amount for debt collection. Judges have dismissed an entire claim because of this. 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%20Excel%20v%20Wilkinson.pdf?dl=0

Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

sd1234

I sent a SAR request by email to VCS but as yet have had nothing back. Today I received a letter from ELMS Legal asking me to phone them to discuss the matter or make payment of £160 by 11th Dec. Failing which they will commence formal action.

Should I write to ELMS and inform that I have made a SAR to VCS? 

Le_Kirk

sd1234 said:

I sent a SAR request by email to VCS but as yet have had nothing back. Today I received a letter from ELMS Legal asking me to phone them to discuss the matter or make payment of £160 by 11th Dec. Failing which they will commence formal action.

Should I write to ELMS and inform that I have made a SAR to VCS? 

What date did you submit the SAR?  The PPC (well anybody) has one calendar month to respond.

KeithP

As well as the point that @Le_Kirk makes, it is also worth noting that having sent a SAR to the parking company is no reason for the Claimant to delay their handling of the matter.

The response to the SAR is likely to be of more use at Witness Statement time anyway.

sd1234

I submitted the SAR on 7th Nov.

Fruitcake

sd1234 said:

I sent a SAR request by email to VCS but as yet have had nothing back. Today I received a letter from ELMS Legal asking me to phone them to discuss the matter or make payment of £160 by 11th Dec. Failing which they will commence formal action.

Should I write to ELMS and inform that I have made a SAR to VCS? 

No, there is no point.
Did you respond to the LBC? It won't have done any good as far as the claim is concerned but you will at least be able to show the judge you tried to resolve the issue without the need to involve the courts.

What happened when you complained to the landowner?