Premier Park, Exeter Road Car Park

YankeeBrit

Shepton50 said:

I'm all for ignoring them and not paying, however....
I do need to know that by not responding to the POPLA code and challenging, this will not affect any court appearance that may happen ?
I also am concerned that I may get debt collector letters ( which again I can ignore ? ), or visits, that may mean I get a CCJ.
I also need to know that if it does go to court, that I actually do have a case to plead with the disabled angle ( or any other that may be applicable )
Thanks for your help.

The outcome of a POPLA decision is irrelevant to any court claim. It has no bearing on it whatsoever. Stop worrying about that.

You WILL get debt collector letters. However, as the debt collector is not a party to the contract you allegedly breached, they have no power to do anything whatsoever. All they do i offer a service to the parking companies, on a no-win, no-fee basis to scare gullible victims into pooping their pants and paying up the now extortionately inflated charge. The debt collector letters are safely ignored and can be collected for use as emergency toilet paper.

No debt collector can "visit" you. It is illegal for them to do so. You cannot get a CCJ automatically. There has to be a process with several steps. The only way anyone gets a CCJ by default is if they don't respond to a court claim which first involves a Letter of Claim followed by the claim itself followed by Acknowledgement of Service followed by a defence, followed by DQ followed by assignment to the defendants local court followed by Witness Statements and then followed by a hearing.

So, a "bailiff" cannot just show up at your door. Stop worrying about that and stop watching the rubbish TV shows about them.

Regarding your "case", of course you have a case to plead. Why do you think you are getting advice on here?

Coupon-mad

There are no visits and no CCJ as long as you tell the PPC if you move.

Nit trying POPLA is sensible.  Doesn't affect a defend one jot.

strawberries1

I've just received one from Premier Parking as well. 100miles form us so I can't check the signs etc. How did it go OP?

Le_Kirk

strawberries1 said:

I've just received one from Premier Parking as well. 100miles form us so I can't check the signs etc. How did it go OP?

The OP hasn't visited the forum since October last year, so it might be worth sending them a message using the envelope symbol at the top of the page.

Shepton50

strawberries1 said:

I've just received one from Premier Parking as well. 100miles form us so I can't check the signs etc. How did it go OP?

I have been receiving numerous letters from Debt Recovery Plus, the last one was in January.
All of these I have been ignoring as suggested above.
I then had a new company Gladstones Solicitors, that appear to have taken over, send a letter on 6th March that now shows "Letter before claim" and all the usual threat of court proceedings and CCJ's.
I am assuming that I still ignore this as well as suggested by YankeeBrit above.

Coupon-mad

Shepton50 said:

strawberries1 said:

I've just received one from Premier Parking as well. 100miles form us so I can't check the signs etc. How did it go OP?

I have been receiving numerous letters from Debt Recovery Plus, the last one was in January.
All of these I have been ignoring as suggested above.
I then had a new company Gladstones Solicitors, that appear to have taken over, send a letter on 6th March that now shows "Letter before claim" and all the usual threat of court proceedings and CCJ's.
I am assuming that I still ignore this as well as suggested by YankeeBrit above.

Well no... that's not what the NEWBIES thread tells you to do with a LBC.

nopcns

I don't see anywhere in the post by YankeeBrit a suggestion that you ignore an LBC. I know YankeeBrit very well and I know for a fact that they would never suggest anything of the sort.

Coupon-mad

nopcns said:

I don't see anywhere in the post by YankeeBrit a suggestion that you ignore an LBC. I know YankeeBrit very well and I know for a fact that they would never suggest anything of the sort.

              

Shepton50

nopcns
I was unaware of the significance of the LBC and assumed it was just another way for them to frighten us into paying.
I was commenting on previous posters saying that we should ignore the debt collectors letters and not specifically the LBC.
Sorry if it came across that way.

Coupon-Mad
I have looked back at the newbies thread and now realised the relevance of the LBC.
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

Im assuming I would use the generic template, but should I also add in the extra part from Troublemaker22's post, or is this only applicable to airports ?
https://forums.moneysavingexpert.com/discussion/comment/80564910/#Comment_80564910

“I am the registered keeper of the vehicle. I am not obliged to identify the driver and I decline to do so. As there is no legal presumption that the keeper of a vehicle was its driver on any particular occasion, your client cannot pursue me as driver (see VCS v Edward, 2023). 

As your client cannot pursue me as driver or keeper, it would be an abuse of the court’s process for your client to issue a claim against me and I will defend any such claim vigorously and seek costs in relation to your client’s unreasonable conduct”

I would still like to confirm that the initial charge letter date June 2023 is POFA compliant as in your post
https://forums.moneysavingexpert.com/discussion/comment/80407109/#Comment_80407109

My letter in full is in my 2nd post on this thread, however here is the POFA part again.

"A discounted charge of £60.00 applies if this Parking Charge Notice is paid within 14 days from the Issued Date. If you choose not to pay at this amount, the full value of £100.00 will be due.

You are advised that if, after the period of 28 days beginning with the day after that on which this notice is given - the amount of the unpaid parking charge specified in this notice has not been paid in full, and we do not know both the name and current address of the driver, under paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 we will have the right to recover from the keeper so much of that parking charge amount as remains unpaid. If we are required to take further action to recover this Parking Charge the amount due may increase to up to £115.00."

This is the same as your 2nd example dated October 2023 which you stated is POFA compliant, however mine is dated in June 2023 and the non compliant letter in your post was in August 2023

1:  Will the extra part of my response as above still apply if the NKT is POFA compliant ?

2:  I notice that it states the charge may increase to £115, but the first debt letter I received is stating £170.
     Can this be used as defence as it is a different figure than the NKT ?

Thank you for your advice
I am asking the questions to be certain I am sending the correct details and not just blindly following a template that may reduce my chances of winning.

Coupon-mad

Good questions:

1:  Will the extra part of my response as above still apply if the NKT is POFA compliant ?

No.


2:  I notice that it states the charge may increase to £115, but the first debt letter I received is stating £170.
     Can this be used as defence as it is a different figure than the NTK ?

Yes I definitely would, but save it for the defence.  At LBC stage, just use the template reply asking about VAT, etc.  I want all the DRAs reported to HMRC to sniff around.  I am not convinced they are all properly paying VAT on the £70 'fee'.  If they are, they have nothing to fear.