Help needed - Private parking ticket.

DrBkr

Update:

Just been sent a LBC by Gladstones. No letters from debt collectors.

See attached: 







I read through the newbies thread.
I have sent a SAR to Premier Parking Enforcement Ltd, and I intend to send the below reply to Gladstones solicitors. Please tell me if this is OK:


"Dear Sirs,

Your Ref. ############
Proposed Legal Proceedings
Claimant: Premier Parking Enforcement Ltd

I refer to your your letter of claim.

I confirm that my address for service for the time being - assuming you don't faff about and delay any claim - is as follows, and any older address must be erased from your records:
[XXXXX]

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.

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

I am disputing the claim because:

1) Your client has failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. They cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

2) Your client has refused to engage properly and fairly as I have been unable to appeal due to exceeding the 28 days window due to them sending the Notice to Keeper more than 2 months later. The alleged offence occurred on 18th September 2023 and the first Notice To Keeper I received was dated 17th of November 2023. Had your client  bothered to actually post the Parking Charge Notices I'd have told them the above facts and they could have avoided this waste of time for everyone involved.

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".

Don't send me your usual blather about that.

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

1. Am I to understand that the additional £70 represents what you lot dress up as 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

Drbkr"





I think I am more annoyed about the fact that even though I am the registered keeper it was not me who was driving at the time (the pictures they attached in their original PCN proves it was a different person) and when I tried to appeal or give them the details of the driver they did not want to engage.

Coupon-mad

DrBkr said:

troublemaker22 said:

Sorry but I don’t understand. If you didn’t name the driver, to whom did you transfer liability? 

You are correct, transferring liability does name the driver. However, it seems they have not accepted this liability transfer until I provide ID's/photos and they have kept sending reminders and correspondence to my address and in my name (registered keeper) 

If that LBC is addressed to you, then reply as per the NEWBIES thread LBC reply and add a paragraph yet again giving the name & address of the driver ... do NOT refer to that process as 'appeal'. Transfer of liability is not 'appeal'.

... unless YOU would be better at defending a court claim than the driver? If so, DO NOT name the driver and send what you drafted already. Bring it on!

You are in a far better defence position.

Nellymoser

As you didn't receive all letters from operator you may wish to support this when you've time.

So many people don't receive 1st and/or 2nd pcn but the £170 payment due letter often manages to drop through letter boxes.

PPCs always claim discounted rate/full rate pcns/court claim letters were sent though they offer no evidence to prove this. Since they CHOOSE NOT to provide evidence of their posting we must continue to press gov to ensure they do and see it included in the new Parking CoP.

Please sign/share @jmccabe petition closes 22nd june 2024.
https://petition.parliament.uk/petitions/652355
Require communications from Private Parking companies to be traceable/trackable
Thank you good luck hope you win

DrBkr

Coupon-mad said:

DrBkr said:

troublemaker22 said:

Sorry but I don’t understand. If you didn’t name the driver, to whom did you transfer liability? 

You are correct, transferring liability does name the driver. However, it seems they have not accepted this liability transfer until I provide ID's/photos and they have kept sending reminders and correspondence to my address and in my name (registered keeper) 

If that LBC is addressed to you, then reply as per the NEWBIES thread LBC reply and add a paragraph yet again giving the name & address if the driver ... do NOT refer to that process as 'appeal'. Transfer of liability is not 'appeal'.

... unless YOU would be better at defending a court claim than the driver? If so, DO NOT name the driver and send what you drafted already. Bring it on!

You are in a far better defence position.

Thanks Mr Coupon-Mad. As ever very helpful!

Quick question regarding how to send the drafted reply. In their letter on point 2. they ask me to go on their website and respond via Reply Form if I want to dispute the debt. Having gone on there it asks me to register and put in personal details which I do not feel comfortable in doing.
Can I just send an email to the email address they have quoted at the bottom of the letter?(enquiries@gladstonessolicitors.co.uk)

Petition signed.

Le_Kirk

That's Mrs Coupon-mad. The best way ro tag someone is @Coupon-mad and as you type the forum gives you options for user names.

Coupon-mad

There's nothing wrong with using the Portal except put zeros as the phone number.

DrBkr

They have responded. 

I am not sure what they are referring to exactly in the first paragraph about it being the second time they’ve issued the PCN and the case being transferred to my name and address. 

There was NO transfer of liability as Parking Enforcement Ltd REFUSED to allow me to transfer liability asking for photo id etc (see letter attached previously. 

All the PCN’s I received were addressed in my name (registered keeper) and the car has always been registered under my name. 

They’re talking sh*te when they say there was a transfer of liability hence it being POFA compliant. 

Can this be used to help my case somehow? And how do I proceed now they do not want to extend a further 30 day. 

Coupon-mad

Do you want the claim to come to you and not the driver?  If so, don't push that point now.  You are far stronger placed for defence!

Reply and ask:


Dear Sirs,

Re your numbered points:

1. Please clarify why you say VAT 'is not applicable' in this case. It can only be either:

- Wally Wilkins doesn't pay VAT because this client isn't registered for VAT?

- Or are you saying you never pay VAT on DRA fees in parking cases because you think it's exempt?

2.  Please prove those 'damages'.  I am asking not about the £100 PCN but the added fake fee: prove it was paid/incurred.

3.  You keep that fee don't you?  And it's a DRA fee.  Nett or including VAT, or exempt in your view?

yours faithfully,


YOUR NAME

DrBkr

Coupon-mad said:

Do you want the claim to come to you and not the driver?  If so, don't push that point now.  You are far stronger placed for defence!

Reply and ask:


Dear Sirs,

Re your numbered points:

1. Please clarify why you say VAT 'is not applicable' in this case. It can only be either:

- Wally Wilkins doesn't pay VAT because this client isn't registered for VAT?

- Or are you saying you never pay VAT on DRA fees in parking cases because you think it's exempt?

2.  Please prove those 'damages'.  I am asking not about the £100 PCN but the added fake fee: prove it was paid/incurred.

3.  You keep that fee don't you?  And it's a DRA fee.  Nett or including VAT, or exempt in your view?

yours faithfully,


YOUR NAME

Thank you.

They are yet to reply to the above but they sent another email refusing the request to delete personal data. 

I assume we just wait for their reply to the above points mentioned by @Coupon-mad

Coupon-mad

Sit & wait.