Civil Enforcement - Letter Before Action

MrP_Arker

Hi,

I wrongly received a parking ticket in a private car park last year 09/03/2022. I was working in the area for 3 weeks and everyday I had issues with their 'Phone & Pay' app. On the day in question, I parked at 8am, the app wasnt loading again so I tried again at 8:15am and managed to pay the £11.20 to park for the day. 

2 weeks later I then received a fine for not paying for the parking at 8:05am. Utterly ridiculous. I appealed it with them and tried to send them screenshots of their app not working but their website wouldnt accept the files or allow me to upload any photos. They refused my appeal and then sent me letters over the next 12 months from various different companies claiming the debt. At one point last year, I called one of the companies and spoke with an incredibly rude gentleman that told me if I didnt pay by the time the conversation was over they'd be sending people to my house in the next 24 hours. This obviously never materialised. 

This week I then received a 'Letter Before Action - Claim for Debt' letter from Civil Enforcement for £170. 

They are giving me 30 days to pay the debt or they will apparently be taking me to court.

Should I just try and pay them the £170 to avoid this escalating any further? Or is this just another bogus company trying to scare me into paying?

This is all causing me a terrible amount of stress and anxiety I really don't feel they should be allowed to harass me for a year and then abuse me over the phone. 

Any help or advise would be greatly appreciated. 

Kind regards,

Mr P_Arker

B789

Welcome to the forum. You have arrived at the right place to get the advice you need. It is a pity you hadn't found this forum first.

Absolutely NO paying these scammers. You need to read the Newbies/FAQ thread near the top of the forum. The second post of that thread gives you all the advice about what to do after receiving a claim form. You will need to refer back to the Newbies/FAQ thread every time you have a question as that is your go-to reference.

In the meantime, please read very carefully the advice in the second post in the Newbies/FAQ thread. If you need more time to consider everything, you can just send CEL a holding email requesting 30 days to seek debt advice although no debt is acknowledged. Don't rush this though. Send that request so they receive it close to their 30 day cut off.

You should treat this as a life-learning experience that you can then pass on to your family and friends if they should ever become the victims of these PPC scammers.

MrP_Arker

Thank you so much for your advice, have found everything Ive found on the forum really helpful. 

I've followed the steps in your Newbies/FAQ thread for once a Letter Before Action has been sent.

I've sent a complaint email to the landowner (Morrisons) and emailed the DPO at Civil Enforcement requesting an SAR.

Hopefully Morrisons can do something about it, if not I'm ready for the fight with Civil Enforcement!!! 

Coupon-mad

I don't think Morrisons ever use CEL, so you'll need to find out who runs the retail park (managing agents) for your complaint.

B789

MrP_Arker said:

I've sent a complaint email to the landowner (Morrisons) and emailed the DPO at Civil Enforcement requesting an SAR.
Hopefully Morrisons can do something about it, if not I'm ready for the fight with Civil Enforcement!!! 

Morrisons are usually very helpful as long as you can show a receipt or use of your Morrisons points card having been used in that store at the time. You don't even have to send an email. Just use their online complaint form which has a section dedicated to PCNs received whilst parked in car parks where their stores are located.

It is here: https://www.morrisons.com/help/form/contact-us/car-park/car-parking-charges/i-have-a-car-parking-charge

MrP_Arker

Coupon-mad said:

I don't think Morrisons ever use CEL, so you'll need to find out who runs the retail park (managing agents) for your complaint.

I'm pretty sure it was Euro Car Parks that sent the original PCN in March 2022. I dont have any of the paperwork from the original PCN or appeal so worried they wont be able to do anything about it. It was 14 months ago and we've had our first baby since then so I've no idea where any of that paperwork has gone!

Theres no info on the latest CEL letter before action letter but hopefully the SAR will provide me with some more info.

Umkomaas

MrP_Arker said:

Coupon-mad said:

I don't think Morrisons ever use CEL, so you'll need to find out who runs the retail park (managing agents) for your complaint.

I'm pretty sure it was Euro Car Parks that sent the original PCN in March 2022. I dont have any of the paperwork from the original PCN or appeal so worried they wont be able to do anything about it. It was 14 months ago and we've had our first baby since then so I've no idea where any of that paperwork has gone!

Theres no info on the latest CEL letter before action letter but hopefully the SAR will provide me with some more info.

Those are two quite separate parking firms and have nothing to do with each other.  ECP are Morrisons car park operator, CEL do not feature at Ms. It sounds to me that you have two parking charges in play here. Please check out the paperwork you have. 

MrP_Arker

So I think I'm going to have to just pay them whatever they want. I'm so exhausted by this whole process.

They responded to my SAR with all the evidence, sent me a huge A4 envelope with all the letters they've sent me over the last 18 months, including my original appeal. They have a photo of me entering the carpark at 8:01 but the screenshot of their app says I paid from 8:47, my dispute is that their app wasnt working in that 30 minute period. They also have a receipt of all payments made that day....showing that I indeed paid for parking, but at 8:37 which seems strange, considering the 10 minute difference to my apps information.

Anyway, I wish I had the time to fight these people but they've exhausted me to the point of just paying them whatever it is to make the stress of it all go away. 

Thank you for all your advice, I wish I couldve used it earlier.

Coupon-mad

MrP_Arker said:

So I think I'm going to have to just pay them whatever they want. I'm so exhausted by this whole process.

They responded to my SAR with all the evidence, sent me a huge A4 envelope with all the letters they've sent me over the last 18 months, including my original appeal. They have a photo of me entering the carpark at 8:01 but the screenshot of their app says I paid from 8:47, my dispute is that their app wasnt working in that 30 minute period. They also have a receipt of all payments made that day....showing that I indeed paid for parking, but at 8:37 which seems strange, considering the 10 minute difference to my apps information.

Anyway, I wish I had the time to fight these people but they've exhausted me to the point of just paying them whatever it is to make the stress of it all go away. 

Thank you for all your advice, I wish I couldve used it earlier.

Are you sure?

You don't have to pay. 

MrP_Arker

Coupon-mad said:

MrP_Arker said:

So I think I'm going to have to just pay them whatever they want. I'm so exhausted by this whole process.

They responded to my SAR with all the evidence, sent me a huge A4 envelope with all the letters they've sent me over the last 18 months, including my original appeal. They have a photo of me entering the carpark at 8:01 but the screenshot of their app says I paid from 8:47, my dispute is that their app wasnt working in that 30 minute period. They also have a receipt of all payments made that day....showing that I indeed paid for parking, but at 8:37 which seems strange, considering the 10 minute difference to my apps information.

Anyway, I wish I had the time to fight these people but they've exhausted me to the point of just paying them whatever it is to make the stress of it all go away. 

Thank you for all your advice, I wish I couldve used it earlier.

Are you sure?

You don't have to pay. 

I just dont know what else to do. I have two younger children and my wife has just been made redundant so i'm working all the hours I can at the moment....I dont think I can just continue ignoring them and I dont have the time to take this to court and fight it either. Its causing my wife so much extra stress every time theres another letter through the post. Ive emailed the supermarket and they havent responded either. 

I guess its how they make their money, just hounding people until they run out of steam and pay up. Its such a horrendous business model. 

B789

Now that you are aware of their business model and you have been advised on what you should and shouldn't ignore, why are you about to fold like the many gullible victims who don't know about this forum and pay up, even more than you would if you just let it go to a court claim?

Pay them and you become a part of the problem by funding their scam. Follow the advice given here and safely ignore any debt collector letters. They may seem scary but as the debt collector is not a party to the alleged contract that you allegedly breached, they are powerless to do anything.

The debt collectors offer their thug service to the parking companies on a no-win-no-fee basis. Basically, they offer to get all the gullible victims to poop their pants at the (idle) threats they make and pay up. Eventually, if the victims are not so gullible (as advised on here), they give up and give the case back to the parking company who then have to decide whether it is worth them threatening a court claim as a last resort to make the victim once again, poop their pants and throw in the towel or do they just giver up and go after other, more gullible victims (of which the majority are).

So, if you're hard up for money, why are you contemplating paying up when there is no need? Just explain what I have just written here to your wife and use the paper the debt collectors send you to line the bottom of a birdcage where they will at least have some use.