Missed IAS deadline because of email not showing up

nickkkk

Hi... Just to update anyone who may look at this topic in future with a PCN from The Port of Hull, P&O Ferries have washed their hands of it because the land in Hull where 'their' car park sits is not their land so it is not worth asking them to help. I have therefore contacted the land owner using details they provided, before I follow the guidelines on here for the Letter of Claim I received. I will give them until Monday and post an update on here if they reply.

nickkkk

Again for anybody else having an issue with this car park in future, it is P&O, not the port.

I received a reply from the port in the end saying it was nothing to do with them. They copied in a couple of people from P&O in the reply - both of which look quite senior. Only one of them has replied but she is looking into it for me via a screenshot I sent to prove my claim about RingGo not working correctly. I do however have an impending deadline from the debt collector (next week) so I'll have to send them an email in response to the Letter of Claim while I wait for P&O to do their investigation. Is this suitable? I copied it from here and reworded slightly to suit my usual grammar etc. Thank you

Your Ref: Txxxxxxxxx

Proposed Legal Proceedings

Claimant: Premier Parking Solutions Ltd

I refer to your your letter of claim.

I confirm that my address for service at this time (assuming you don't unnecessarily delay any claim) - is as follows:

xxxxxxxxxxxxxxxxxx.

If you happen to have any other addresses on record, they must be removed from your records please.

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

I am sourcing and seeking independent debt advice alongside my ongoing discussion with the car park owner. 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 figure being claimed has increased by a hugely exaggerated amount - which the Government called "extorting money from motorists”.

Please do not send me your usual information 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 and others in your industry call a 'Debt Recovery' fee, and if so, is this net 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?

Le_Kirk

 I do however have an impending deadline from the debt collector (next week) so I'll have to send them an email in response to the Letter of Claim while I wait for P&O to do their investigation.

You might have a fictitious deadline from a debt collector but you know what to about that as it is in the NEWBIE sticky fourth post - IGNORE.  A debt collector cannot have sent you a Letter of Claim - they have no powers to do that ...... in fact they have no powers at all.

nickkkk

Le_Kirk said:

 I do however have an impending deadline from the debt collector (next week) so I'll have to send them an email in response to the Letter of Claim while I wait for P&O to do their investigation.

You might have a fictitious deadline from a debt collector but you know what to about that as it is in the NEWBIE sticky fourth post - IGNORE.  A debt collector cannot have sent you a Letter of Claim - they have no powers to do that ...... in fact they have no powers at all.

I thought the advised action was to send that response I have prewritten above. Just to confirm; it is BW Legal who I know are just another dodgy debt collector. However, the letter reads as follows:

...we regret to inform you that this Letter of Claim is sent to advise you that our client has now authorised us to take legal action to recover the sum due to them...

It then mentions the 'expiry date' several times (17th July) telling me that a failure to contact them will result in my case proceeding to their litigation process where a County Court claim may be issued without further notice.

As I said, I read the newbies topic and got a lot of that response I was planning to send them from there. I just want to make sure I am not getting things wrong here. I know an actual CCJ is way off even if it got to court but I absolutely cannot get to that because I spent the past decade rebuilding my finances. I do however enjoy going against these parking companies and have won on a few occasions. This one has just turned a little nastier than usual, that's all.

Thanks for your reply 

Le_Kirk

If it is from BW Legal and it gives you 30 days, then it is a proper Letter of/before Claim and you are correct to use the robust response.  Any other shorter time limit and it is debt collector rubbish.  You CANNOT just get a CCJ, you have to go to court, lose and fail to pay within the time limit set by the judge.

LDast

What makes you think that even this did end up in court and you lost that you'd have any damage to your credit record? No chance of that whatsoever. Stop panicking.

nickkkk

LDast said:

What makes you think that even this did end up in court and you lost that you'd have any damage to your credit record? No chance of that whatsoever. Stop panicking.

I appreciate the blunt statement at the end lol. I have previously won against a council for driving in a bus lane, destroyed a parking management company via the appeals process and quashed a clean air zone fine. I have only been getting a little hot under the collar with this one because of all my hard work over the years. Anyway, thank you 

nickkkk

Le_Kirk said:

If it is from BW Legal and it gives you 30 days, then it is a proper Letter of/before Claim and you are correct to use the robust response.  Any other shorter time limit and it is debt collector rubbish.  You CANNOT just get a CCJ, you have to go to court, lose and fail to pay within the time limit set by the judge.

Yes the letter is dated 17th June and they want something back by 17th July. I'll send that text I drafted then because P&O have just replied and are siding with the parking company. It's not surprising as it'd cost them to fix this themselves at this stage. Bloody stupid move in customer service though... Anyway, thanks!

Gr1pr

nickkkk said:

Le_Kirk said:

 I do however have an impending deadline from the debt collector (next week) so I'll have to send them an email in response to the Letter of Claim while I wait for P&O to do their investigation.

You might have a fictitious deadline from a debt collector but you know what to about that as it is in the NEWBIE sticky fourth post - IGNORE.  A debt collector cannot have sent you a Letter of Claim - they have no powers to do that ...... in fact they have no powers at all.

Just to confirm; it is BW Legal who I know are just another dodgy debt collector. 

B W Legal are a firm of solicitors, definitely not debt collectors, the word Legal gives it away !

nickkkk

Gr1pr said:

nickkkk said:

Le_Kirk said:

 I do however have an impending deadline from the debt collector (next week) so I'll have to send them an email in response to the Letter of Claim while I wait for P&O to do their investigation.

You might have a fictitious deadline from a debt collector but you know what to about that as it is in the NEWBIE sticky fourth post - IGNORE.  A debt collector cannot have sent you a Letter of Claim - they have no powers to do that ...... in fact they have no powers at all.

Just to confirm; it is BW Legal who I know are just another dodgy debt collector. 

B W Legal are a firm of solicitors, definitely not debt collectors, the word Legal gives it away !

Agreed, they are. I don't know where I read that they were a debt collector. Anyway, the name is not always a giveaway. Anybody can stick a word in their name to scare people. That is what I thought someone had said about this company but regardless, I'll be sending them that robust response. They're all vermin, whatever they trade as