Paid for a space still got PCN? Do I pay again?

Ab93

B789 said:

Try something along the lines of:

Dear Sir/Madam,

You have issued a Parking Charge Notice (PCN) No.: XXXXXXXXX. Allow me to reiterate my stance firmly and without any ambiguity: your attempts to impose restrictions on my rightful use and enjoyment of my parking space, as detailed in my tenancy agreement, are utterly baseless and without legal merit.

It is astonishing that UKPC, an unregulated private parking company, has audaciously decided to involve itself in matters that have no bearing on its operations. Your organization is fully aware that you are not a party to my tenancy agreement, and yet you have the audacity to harass me with reminders and debt collection letters. Let me assure you that such vexatious behaviour will not be tolerated.

If you persist in your futile attempts to extract payment from me, I am fully prepared to defend my rights in court. I trust that you are aware that a judge will be the ultimate arbiter of whether I am indebted to your company or not. Rest assured, I will not back down in the face of your empty threats. In fact, I will take this opportunity to inform you that, should this matter proceed to court, I will not hesitate to counterclaim for your unreasonable behaviour and lack of understanding regarding the concept of primacy of contract.

Your embarrassing lack of comprehension of the fundamental principles of contract law and the rights of individuals will undoubtedly come back to haunt you. Your attempts to exploit innocent individuals for financial gain will be met with the full force of legal consequences. I am fully prepared to expose your company's predatory practices and ensure that justice is served.

I demand an immediate retraction of the PCN and an end to all correspondence related to this matter. Your continued harassment will only strengthen my resolve to seek legal redress and hold your company accountable for its actions. 

Let this be a clear warning: I will not be intimidated, bullied, or coerced into submission. I am prepared to defend my rights and pursue justice with unwavering determination. Your organization would do well to reconsider its practices and operate within the boundaries of the law.

Yours sincerely,

Tweak as necessary.

Thank you so much I’ll get this off today and await the proper court letter thanks again guys you’ve all been a great help in what is a very stressful time 

Ab93

Hi guys I had this reply today 

We write in relation to your recent correspondence dated 5th June 2023.  

 

We note you are disputing the Parking Charge Notice as you state within your tenancy agreement that you have a legal right to park in your designated parking space and you also state that the claim is baseless.  

 

Our Client manage the parking on the private land on behalf of the Landowner. Pursuant to an agreement between the respective parties, our Client is responsible for making sure that motorists are adhering to the terms and conditions of parking on the land. 

 

The terms and conditions on site are displayed on the signage that is situated around the site. They state that parking bays marked with “V” require you to display a valid ticket and “V” permit. We refer you to the attached photographs which show your permit had expired 31st March 2021 which is prior to the PCN being issued. It is therefore our Client’s position that the Charge was issued correctly.  

 

For the purpose of clarity, pursuing a legally owed debt is not harassment. Our client pursuing this matter through the Small Claims Court is the correct course of action. 

 

You now have 30 days from the date of this email to make payment of the outstanding balance of £170.00. Failure to make the payment will result in a claim being issued against you without notice.  

 

Payment can be made via bank transfer to our designated client account:- etc 

I mean it is harassment and how can they issue a claim without notice? Any advice welcome as always thank you 

Ab93

Just wanted to add they sent the original  photos they have of my car parked however they have missed one particular photo that I got at the time of the incident shows a sign saying On the terms and conditions it says display a valid V permit but with this next to it 

Visitors (V) bays 

BCV/CCV/HCV/GPV &RPV permit only + valid P&D ticket 

My permit is a CCV (expired)

Coupon-mad

Reply AT THE END OF THAT 30 DAYS (NOT YET!) and tell them you do not accept their template drivel and are seeking debt advice and require the case to be put on hold for at least 30 days, which will freeze the matter until the end of August.

This is why:
https://forums.moneysavingexpert.com/discussion/comment/80137221/#Comment_80137221

Something big is coming and I think people should be hoping to read and digest the words in the DLUHC's Impact Assessment (end of July?) BEFORE the roboclaim eejits can issue an inflated claim.

Ab93

Good morning everyone,

No update as yet as I am waiting for the 29th day as coupon mad has said, however just wondered what your views would be on this. 

I recently managed to get pictures almost identical to the ones that were taken of my car including signage etc, of the parking attendants car parked in a bay without a permit. Is there an angle here? If I send these to the parking company and suggest they ticket the driver, and suggest that I will want to see proof of their consistency and that a PCN has been issued to their own employee if they do insist on taking me to court for failing to show a valid permit (just as he has done and I have pictured) would it work in my favour? If they were to fail to show in court that they have also ‘invoiced’ him for not satisfying the exact same parking criteria as they are accusing me of how would that look in court to a judge? I don’t know just an idea if nothing else. Thanks 

Coupon-mad

You can't really use it to defend the claim (because that's only about your alleged breach) but I would send your photo to the Managing Agents as part of a complaint.

The parking firm are deliberately trespassing and forcing someone to have to park outside of their bay, because they've taken it!  You can say you've seen this guy do that every time...then he goes & hides.  This predatory conduct means they are enriching themselves by £100 every time they catch a resident out of that bay. 

Ab93

Hi guys got my claim form/response pack etc in the post today what is the next step please?

P.S. I see in the ‘counterclaim’ sheet ‘do you dispute this as you have already paid’ can I include my payment for a 24hr ticket from the machine?

Thanks 

KeithP

What is the Issue Date on your Claim Form?

Ab93

KeithP said:

What is the Issue Date on your Claim Form?

01 Sep 2023 
Thanks 

KeithP

Ab93 said:

KeithP said:

What is the Issue Date on your Claim Form?

01 Sep 2023 
Thanks 

With a Claim Issue Date of 1st September, you have until Wednesday 20th September to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 4th October 2023 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute. 

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.