PCM High Point Village Hayes (letter from Shakespeare Martineau)

KeithP

SamDude said:

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)

Why not send it to all three? No extra cost. 
Remember to include yourself as a recipient - then if you receive it there's a high probability that the others did too.

SamDude

KeithP said:

SamDude said:

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)

Why not send it to all three? No extra cost. 
Remember to include yourself as a recipient - then if you receive it there's a high probability that the others did too.

That is so obvious!  
Thanks 

SamDude

SamDude said:

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

 #### ####

So this email was sent at the end of November and I've had a reply (by email) from Shakespeare Martineau. They've attached the original charge letter, and the jist of their reply is:

Our client expresses that the full amount remains owed and outstanding and payment is expected no later than 7 days of this email.
Failure to make payment will lead to legal action without further notice.

So I guess I have a week to sit on it...

Coupon-mad

SamDude said:

SamDude said:

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

 #### ####

So this email was sent at the end of November and I've had a reply (by email) from Shakespeare Martineau. They've attached the original charge letter, and the jist of their reply is:

Our client expresses that the full amount remains owed and outstanding and payment is expected no later than 7 days of this email.
Failure to make payment will lead to legal action without further notice.

So I guess I have a week to sit on it...

No. It's clear what you need to do.

SamDude

I think we mean the same thing here - I'm not paying it this week, I'm sitting and waiting... for the next letter to drop

Coupon-mad

No you aren't.

This isn't a parking law related dilemma.  Take charge if it. I said "it's obvious what to do" and I deliberately didn't elaborate because I really wanted you to think about it and be proactive, as it's your case.

OK here's another nudge:

If you sent a solicitor certain questions about VAT and they didn't answer them, what would anyone then do?

SamDude

So instead, I'm not going to sit on it, but will reply to the email and chase for an answer to my unanswered questions:

"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?"

@Coupon-mad - please blink once if this is what you mean (or please spell it out with crayons)   

Coupon-mad

Yes - LOL!  You'll get used to me. 

I like to encourage people to learn as they go and get confident.  Comes from working in a school for years.

SamDude

Coupon-mad said:

Yes - LOL!  You'll get used to me. 

I like to encourage people to learn as they go and get confident.  Comes from working in a school for years.

Righto, I'll send that reply off shortly!

Thanks for your time as always, it is really appreciated. 

SamDude

So... they don't want to playing nicely:

Thank you for your email.
We have received questions like this on many occasions previously and we are not in a position to provide you with any of this information. We have adhered to the CPR rules and our clients are in accordance with Schedule 4 POFA.
This is due to a breach of our clients parking enforcement rules. If no further queries are being raised, we are now instructed to issue legal proceedings.