PCM High Point Village Hayes (letter from Shakespeare Martineau)

SamDude

So the Letter of Claim dropped through the post, it has the 30 day window to reply and the 'bloopers' that they've made in other posts (principal debt being £170 when it should be £100, assumption that the T&Cs were contractually accepted when they were not).

SamDude

I've been reading some of the other High Point Village threads, but none have actually gotten past this stage with Shakespeare Martineau.

I've drafted this email that will go to Ballymore Group as they are the landowner.I've read that this land around the station falls under railway bylaws so I have mentioned that.

Complaint – PCN at High Point Village (Hayes, UB3)

Hello,
I would like to register my complaint for the aggressive issuance of a parking charge notice by Parking Control Management (UK) Limited (along with their agents). 

 I am the registered keeper of the vehicle for which this parking charge notice was issued to. The PCN reference is PCxxxxxxxx on the dd/mm/yyyy.

I would like to bring to your attention that your agent, Parking Control Management (UK) Limited, did not comply with their ATAs Code of Practice because of the poor signage within the location – the photos of the vehicle show construction work ongoing (and Google street view also shows this around that time). Furthermore, as the land is covered by railway byelaws, the registered keeper cannot be held liable as PoFA does not apply.

I have been sent a Letter of Claim for this matter and I will be challenging it fully. A parking charge notice is not a fine, nor is it legally binding as no contract was entered into.
Should this proceed to a court claim, Ballymore Group should know that they are jointly and severally liable for the actions of Parking Control Management (UK) Limited and their agents. I would suggest that Ballymore Group refers this complaint to your legal advisors as they may be called as witnesses.

As this PCN was issued incorrectly and unfairly, I believe that Ballymore Group can resolve this matter immediately by instructing Parking Control Management (UK) Limited to cancel the PCN and withdraw from any further aggressive contact.

Does this look good to send or have I missed anything?

Coupon-mad

I think that looks very reasonable.

Now re your response to the LBC, see the NEWBIES thread LBC stage robust reply examples.

Le_Kirk

Don't start a formal letter of complaint with "Hello" it should be "Dear Sir/Madam" and finish "yours faithfully".

SamDude

Thanks @Coupon-mad.
I've sent the email to Ballymore Group. It's to their info mailbox so I don't know where it will go or if it will reach the right place...

For the reply to the LoC, I've not modified the example too much.
Should it mention the scenario (no stopping) or is intended to be a generic response?
If this reply replaces the reply form they sent to me, when should I send this? (as soon as possible, just before the 30 days??)

Dear Sirs,

Your Ref. ############
Proposed Legal Proceedings
Claimant: Parking Control Management (UK) Ltd

I refer to your letter of claim.

I confirm that my address for service is as follows:
[Correct address here]

The alleged debt is disputed and any court proceedings will be vigorously defended.

I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

I am disputing this claim as the registered keeper, and as the land is covered by railway byelaws the registered keeper cannot be held liable as PoFA does not apply.

I have two questions, and under the PAP I am entitled to specific answers:

1. Are you stating that the additional £70 added to the principal debt represents is a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

Yours faithfully

 #### ####

SamDude

Le_Kirk said:

Don't start a formal letter of complaint with "Hello" it should be "Dear Sir/Madam" and finish "yours faithfully".

Oops, sent it 15 minutes ago
That was a bit of a schoolboy error but hopefully they won't notice the missing formalities

SamDude

Doing lots of reading and previous cases have been won on the fact that signage is poor/unreadable, rather than using the railways byelaws jurisdiction. I can't confirm whether the Station Approach private road is covered by railway byelaws - would be interested if someone can conclusively confirm?

Edit - so this TFL Railway Byelaws document (found at https://tfl.gov.uk/corporate/terms-and-conditions/byelaws) states: 

Made by Transport for London under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962 by the Secretary of State for Transport on 6 September 2011 for regulating the use and working of its railways; travel on its railways; the maintenance of order on its railways and railway premises, including stations and all the approaches to stations; and the conduct of all persons while on those premises, including officers and employees of Transport for London and its subsidiaries ("the Byelaws").

It specifically states 'all the approaches' which I hope trumps any 'private roads'?

SamDude

@Coupon-mad / @KeithP

Should the reply by email to the LoC mention the scenario (no stopping) or is intended to be a generic response?
If this email replaces the reply form they sent to me, when should I send this? (as soon as possible, just before the 30 days??)

Coupon-mad

Send it whenever. By email.  Keep it generic as the LBC doesn't state the alleged breach.

SamDude

Coupon-mad said:

Send it whenever. By email.  Keep it generic as the LBC doesn't state the alleged breach.

Last dumb question (for now) - as Shakespeare Martineau are a relatively new here, who do I send the email to?

• tdr@shma (the Trace Debt Recovery mailbox, email listed on the letter)
• info@shma or complaintsteam@shma (the only email addresses I've found on their website)