"Notice of intention to instruct solicitors to issue summons"

AlCapwn

Hi

A family member received a PCN back in December which was appealed with Pepipoo help. As expected it was rejected and threat-o-grams have started. 

The latest letter is headed:

"Notice of intention to instruct solicitors"

and in smaller print in the next line:

"to issue summons"

The letter is from TNC Collections and has BPA logo at the bottom.

While researching this letter, I found this post: https://forums.moneysavingexpert.com/discussion/comment/77307751/#Comment_77307751

Please email the CIS letter to Gemma Dorans at the BPA (CIS are a BPA AOS member despite the PPC being IPC).  Mrs Dorans is looking into two other examples of that letter from that firm. 

They CANNOT use the misleading word 'summons' so make it clear that is what you are complaining about, not the PPC who are not BPA AOS members. 

gemma.d@britishparking.co.uk

I am curious as to the background of this - what makes use of 'summons' significant? 

KeithP

Quite simply, you cannot be summoned to court for a Civil dispute.

In the case of a Civil dispute, as opposed to a crime, one is free to choose whether to attend court and defend oneself or not. There is no concept of being ordered, or summoned, to Defend.

Using the word 'summons' or 'summoned' is totally in appropriate and is only used to try to frighten the victim.

You too should report this matter to Gemma Dorans at the BPA - as described in that post you have quoted.

AlCapwn

Ok thank you, I will email Gemma complaining about their member using such language. Do you know what they do with these complaints? Curious as to whether they will cancel the PCN altogether because of it (*wishful thinking*)

D_P_Dance

Have you rad the newbies?.  A summons involves.criminality, parking at Tesco does not.  Please complain.e to your MP.

KeithP

AlCapwn said:

Ok thank you, I will email Gemma complaining about their member using such language. Do you know what they do with these complaints? Curious as to whether they will cancel the PCN altogether because of it (*wishful thinking*)

We only know what the BPA does with complaints when the complainant reports back here.
As you have seen, quite often people don't bother to provide that feedback.

Perhaps the lack of feedback is indicative of the BPA doing the right thing, as otherwise the poster would probably be saying something like "I tried that and it didn't work".

AlCapwn

@D_P_Dance - yes, I did check newbies thread - it doesn't say anything about use of this language. But good point, I will email my MP as well

patient_dream

The letter is from TNC Collections and has BPA logo at the bottom.

"Notice of intention to instruct solicitors

"to issue summons" ?

This is all dreamworld stuff from TNC ?   Only the parking company can do this.
And as said they cannot issue a summons, nor can the parking company.  All they can do is issue a CLAIM

YES, report this ignorant company to the BPA as it is highly misleadig.
Clearly TNC need to be re-trained by the BPA

AlCapwn

So I complained to the BPA who sent me this response. I suspect if I contact IPC, they will tell me to contact BPA.

I can confirm that TNC Collections is a member of our Approved Operator Scheme however, they are only required to adhere to our Code of Practice if they are working on behalf of a private parking operator who is a member of our Approved Operator Scheme.

There are two Accredited Trade Associations for parking on private land – us (the BPA) and the International Parking Community (the IPC).

As the parking operator that TNC Collections are working on behalf of (National Parking Enforcement Ltd) is not a member of our Approved Operator Scheme and instead is a member of the IPC's Accredited Operator Scheme, TNC Collections is required to adhere to the IPC's Code of Practice in this scenario. 

If you require any further information in relation to the IPC or their Code of Practice their website is as follows: https://theipc.info/aos-members/u .

The IPC can be contacted via e-mail using contact@theipc.info or alternatively, they have a web form which can be found using the following URL link: https://theipc.info/user/case/complaint

This is despite TNC using BPA logos in their letters. Any advice?

BrownTrout

Just ignore TNC / CIS, dont waste your time thinking about it

Half_way

Who's car park was this?
I would use the summons comment to to double down on a landowner complaint

Coupon-mad

You should email a complaint to the IPC and say the use of the word 'summons' is extremely misleading and the BPA's Steve Clark has already agreed with a complaint made a year ago by MSE poster and Steering Group member, Coupon-mad, where Steve's response was:

"I want to remove the word ‘Summons’ as well and if possible before the PAS (Code of Practice) comes into being."

Ask if the IPC agrees and will crack down on what the DLUHC calls 'aggressive and pseudo-legal language' immediately, now the new Code of Practice is being 'embraced' says Mr Hurley of the IPC, who is on record last month as wanting to 'get the job done'.