Notice for Pending Legal Action from Carflow Ltd - HELP

kikozoba

Hi All,

This is my very first thread as I normally deal with the private PCNs myself and had never gotten to the stage of receiving Notice for Pending Legal Action.

I'll try to summarise briefly:

I parked on a 3 hours free private parking with entrance and exit cameras and were sent a PCN with photos claiming that I had over stayed 3 hours and 11 minutes but had not paid the £1 fee after the 3 hours free parking. And were asked to pay £100 charge (£60 if paid within 14 days)
 

• After receiving the first PCN letter 1st of November I appealed on the 2nd of November via the online portal but didn't get any response.
• After receiving a second PCN reminder letter I emailed their appeals email address advising that an appeal was logged onto the website but no replay received apart from the automatic email confirming that an appeal has been logged in
• After receiving a third PCN reminder letter I emailed the same email again and got a reply on the 19th of December advising that email replies were sent and might have gone in my junk folder. I did go through all my email folders but couldn't find anything (the junk folder emails get deleted automatically after a certain period, so might have been deleted). But there was a PDF attachment to the email reply with a proof that email replies to my initial appeals were sent along with a POPLA code. By that time the POPLA code on the email reply on 19th of December had already expired and I am not able to log a POPLA appeal 
• I did email back again explaining that I had gone through my emails and still couldn't find any replies so I asked them if they could send me a new POPLA code as a gesture of goodwill. I also attached my receipt of a purchase made on the day of parking as a proof that I was a customer of the facilities. 
• Now I have received a further Notice for Pending Legal Action letter without getting any replies to my previous emails. I have checked the spam and junk folders in my email box but haven't had any replies

At this point I don't know what to do as Carflow does not reply to my emails and I am not able to appeal via POPLA. They will keep escalating until I give in and pay the charge which has now gone up to £120 with the additional admin charge. They said they will keep adding debt collection charges and legal charges and take me to court.

Any help, much appreciated.

Thanks

troublemaker22

First of all, carefully read all the information in the Newbies thread:

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou/p1

If after having done so, you still have specific unanswered questions come back here, posting good clear legible copies of the front and back of the original PCN, redacting your name, address vehicle number and any reference but keeping all dates visible and the so called "Notice for Pending Legal Action letter ", similarly redacted.

Coupon-mad

Let them do that (court). Call their bluff.  Nothing will be added that is recoverable because you'd win in court.  And they've already added £20 for zero reason.

Carflow don't litigate much but it's honestly no big deal if they do.  No CCJ or huge costs risk, as long as you do what this forum coaches everyone to do.

You would not have won at POPLA anyway because it's incompetent and not independent.  So you are in a better position by NOT doing it.

The BPA CoP says at least 10 minutes grace period has to be added after paid-for time, to allow a car to leave.  I doubt your paid-for time started the second your car drove past the camera!

The DLUHC's incoming statutory CoP defines a 'parking period' and has a section on the required 'Consideration Period'. Go and read the definitions of that from the Government!

Sit tight and wait.  Stay under the radar. Come back if they try a claim.

The alternative is:

you could write ONCE and offer £10 (ten times the hourly rate) to cover their minor costs and settle the matter without any admissions, given that they were not put to the expense of POPLA and they can't win in court given a reasonable interpretation of consideration plus grace periods.

Put it like that and offer a tenner, in an email or letter headed 'WITHOUT PREJUDICE, SAVE AS TO COSTS'.  Do not start your email with 'Hi' or 'to whom it may concern' which isn't professional.

I suggest this for Carflow because it's worked before.  They are more pragmatic than some PPCs and may well agree.

Please do post here in a reply, a picture of the PCN (both sides) with the images of the car, PCN number, VRM, your name/address and the location covered.  Leave ALL dates visible.

We need a Carflow NTK example here:

https://forums.moneysavingexpert.com/discussion/6483542/a-thread-of-pictures-of-2023-parking-firm-ntks/p1

...and it's to your advantage, as we can also help you tell if it's POFA worded or not.