Letter Before Claim - Advice Needed on Next Steps

Horchata

Hi everyone,

I have received a ‘Letter Before Claim’ dated 31st Aug from Gladstones Solicitors with respect to an unpaid parking charge on behalf of UK Car Park Management Ltd. They want £170 from me.

Here are the facts of the ‘case’:

• I went for a hospital appointment in Oct 2021 and forgot my wallet. I had every intention to pay, but had no means to. I was also alone so no one else to help. As soon as I got home however, I tried to call them to see if there was any way to pay online or via phone. Not possible – their phone system is entirely automated and doesn’t accept payments. I even sent them an email on the same day asking how I could settle the parking charge.

•  A person from their company replied to my email saying that no outstanding parking charge for my vehicle was yet on their system, but if a charge were to be made against me then I can appeal through their system

•  Unsurprisingly, I received a PCN from them shortly after. I then followed their appeals process explaining the situation (mitigating circumstances and intention to pay original amount owed) and never received a response from them. As they didn’t respond to my appeal, they breached the BPA Code of Practice, which they are a member of, and also denied me the ability to raise an independent appeal with the IAS as I didn’t receive the required code

•  I have since ignored any further letter/correspondence from them trying to extort payment (which seems to be the recommended approach)

 What are my chances of being successful if this were to go to court? I can’t see how they could claim financial loss when from the outset I have demonstrated (inc. via email) an intention to pay the correct amount. People forget their wallets all the time, restaurants being a good example, but they don’t get penalties on top of what is owed. Secondly, my appeal to them received no response whatsoever, therefore they breached the BPA code and denied me the ability to escalate to IAS. I have proof that they received my appeal.

I’d be grateful for any advice on next steps. I have the option to dispute the debt with Gladstone Solicitors by end of September.

 

Fruitcake

Forget the BPA. UKCPM are ATA members of the IPC, so it is their CoP you need to check to see if it was breached.

Was this a hospital car park, or somewhere else? Please tell us when and where as it may have cropped up here before.

Plan A is always a complaint to the landowner and your MP.

If you need more time, send a holding instruction to the solicitors stating that whilst you deny the debt, you are seeking debt advice so require the case to be put on hold for 30 days in accordance with court pre-action protocol. Do this near the end of this moth, but don't miss the LBC deadline to respond.

Whilst you wait, send an SAR to the DPO of the PPC as per the NEWBIES. You will need to include non-photo ID with your request. 
Get photos of the site and signage. Use Google Streetview to see if there are any historic images that might help.

Acronyms and abbreviations are explained in the fifth post of the NEWBIES sticky Announcement.

KeithP

The first few paragraphs of the second post of the NEWBIES thread explain how you should react when receiving a Letter of Claim.

Have you complained to the hospital?
The NHS car parking guidance 2022 for NHS trusts and NHS foundation trusts includes the words...

Complain to PALS at the hospital.

Horchata

Fruitcake said:

Forget the BPA. UKCPM are ATA members of the IPC, so it is their CoP you need to check to see if it was breached.

Was this a hospital car park, or somewhere else? Please tell us when and where as it may have cropped up here before.

Plan A is always a complaint to the landowner and your MP.

If you need more time, send a holding instruction to the solicitors stating that whilst you deny the debt, you are seeking debt advice so require the case to be put on hold for 30 days in accordance with court pre-action protocol. Do this near the end of this moth, but don't miss the LBC deadline to respond.

Whilst you wait, send an SAR to the DPO of the PPC as per the NEWBIES. You will need to include non-photo ID with your request. 
Get photos of the site and signage. Use Google Streetview to see if there are any historic images that might help.

Acronyms and abbreviations are explained in the fifth post of the NEWBIES sticky Announcement.

Yes it was a hospital car park. I tried to go through the Hospital's PALS department and they weren't interested - they said that they can't get involved and I would need deal directly with parking firm. The hospital is in a different constituency to where I live, not sure if MP could help. 

Do I have a chance in court with what I have? I don't want to buy time if it won't change the outcome...

Fruitcake

If PALS won't help, then complain to the head of the hospital trust, quoting the government's car parking principles and asking why they are following them.

Complain to your MP and ask then to pass on your complaint to the MP where the hospital is situated. You could also complain to the secretary of sate for health and ask the same question.

You don't have to buy time if you don't want to, but you may not get the response to your SAR back in time before you need to submit a defence, although the response to an SAR is normally more use at the witness statement stage.

Nobody can guarantee you will win, or what your odds are, except that most posters that follow the guidance on this forum, to the letter, generally win.
The claim will no doubt have included fake add on charges that the government has called an attempt at extortion, so even if you lose, it should cost you less than the current amount being claimed, not counting permitted court costs.

Horchata

Fruitcake said:

If PALS won't help, then complain to the head of the hospital trust, quoting the government's car parking principles and asking why they are following them.

Complain to your MP and ask then to pass on your complaint to the MP where the hospital is situated. You could also complain to the secretary of sate for health and ask the same question.

You don't have to buy time if you don't want to, but you may not get the response to your SAR back in time before you need to submit a defence, although the response to an SAR is normally more use at the witness statement stage.

Nobody can guarantee you will win, or what your odds are, except that most posters that follow the guidance on this forum, to the letter, generally win.
The claim will no doubt have included fake add on charges that the government has called an attempt at extortion, so even if you lose, it should cost you less than the current amount being claimed, not counting permitted court costs.

Thanks. I'll contact PALS again since I've received this letter and see what they come back with, and will escalate to the Trust Head if response not satisfactory. 

Is it any use writing back to Gladstones Solicitors explaining the situation - surely the parking firm not following their membership code of practice with respect to my right to appeal (and them not responding) leaves them on poor legal footing in court? 

Fruitcake

There is no point in writing to Gladstones. They will only do what they have been instructed to do by their client. Parking companies are unregulated and will do whatever they want to get your money, and the IPC will side with them saying the CoP is only a guideline and not mandatory.

Plan A is your best option. I wouldn't wait to see what PALS do, I would complain to them and the head of the trust and your MP about this asap, pointing out that the government guidelines have been breached.