Contest in court OR accept landlord's offer to pay PCN? (District Enforcement/Residential Parking)

Le_Kirk

"You lot" refers to the parking company (PPC) or the solicitor or whoever added the £70 and the amount refers to the £70 they add as "admin" fee, debt collector fee or similar name.  It is not estimated solicitor coats as they always add £50 for that. but that normally goes on the N1 claim form rather than the letter before/of action.

PrezvanRat26

Le_Kirk said:

"You lot" refers to the parking company (PPC) or the solicitor or whoever added the £70 and the amount refers to the £70 they add as "admin" fee, debt collector fee or similar name.  It is not estimated solicitor coats as they always add £50 for that. but that normally goes on the N1 claim form rather than the letter before/of action.

Thanks for clarifying. Yeah, the parking company added £60 to the original PCN. 

They did add the solicitor cost but I think this is supposed to be an intimidation tactic: "look at how much you're gonna end up paying..."

PrezvanRat26

Coupon-mad said:

Make sure you do this:

Attach a copy of the permit again to your reply and finish by telling them to tell Mr Kurpil to cease and desist with this harassment of a known resident.  State that you intend to counterclaim for not less than £600 if they proceed.

The counterclaim would be for damages for severe distress arising from harassment, having no lawful justification or legitimate interest to penalise a known to be permitted resident, plus continuing to process your data contrary to the Data Protection principles in UK GDPR and the DPA 2018.

Potential stupid question here...

The permit clearly says on it "must be displayed at all times in the garage area..."

Would sending an image of this in fact be detrimental because of the instruction on it?

Coupon-mad

Yes, leave that attachment off.

PrezvanRat26

So, I have emailed the solicitors just within the 30-day window, following the template in the newbie thread.

My one deviation was to include my reasons for disputing above the questions as specified:

In addition, your clients know full well the Defendant is a permit holder, so Beavis is fully distinguished and these charges are not saved from falling foul of the penalty rule. Clearly there's no commercial justification nor legitimate interest in penalising known, permitted residents.

I didn't include anything re: unfettered rights to park because, unfortunately, the landlord's contract does make reference to permits (nothing too specific) and I feel it's also questionable as to whether, while he owns the garage, he owns the 'space' (it's unmarked) in front where I park (i.e. as everyone else does in front of their garages).

As such, I feel the 'commercial justification' and the fact the signage falls foul of the IPC guidelines may have to be the focus of any defence.

Let's see how we go! Thanks as ever for all help!

PrezvanRat26

Hello!

It's been a couple of months but the Solicitors have finally got back to me in response to the two questions you are encouraged to ask in the LBC response email as per the Newbie thread:

1. The Amount Due/ Debt includes £60.00 claimed by our Client for the time/resources spent facilitating the recovery of the unpaid parking charge notice(s) pursuant to its ATA’s Code of Practice and the Terms and Conditions of the Contract, which was entered into upon the driver of the vehicle entering the Relevant Land. The amount is a pre-determined and nominal contribution to our Client’s losses as a direct result of your non-payment. VAT is not applicable as the parking charge notice which was issued to you is a contractual charge.

2. Motorists can park on the site in accordance with the terms and conditions on the sign, without incurring a charge but to park without incurring a charge they may need to display a permit; purchase a pay and display ticket; become an authorised user, it is whatever the sign states. If a motorists wishes to park ‘as they please’ within reason, they can do so but pay a charge for this ‘privilege’, the charge is set out on the signs and by a motorist parking otherwise than in accordance with the signs they accept the charge at the point of parking and a valid contract is formed. The charge is due within 28 days of being incurred, if the charge remains unpaid after this date the contract the motorist entered into is breached and a debt is owed to our Client, they are then entitled to damages that have occurred as a result of the breach.

At this point, I really don't wish to pay. Is it worth me reaching out to the Management Company yet again asking them to get it cancelled (something I know they have done for another resident...)?

I guess I just wait out the 30 days/until I get the next letter and then look at any defence properly. Hopefully, as I don't think I'll have too much success with 'primacy of contract', the 'commercial justification' angle will suffice (i.e. DE are not losing any money by me parking in front of my own garage where I have for years, so these charges are by definition a 'penalty' and unenforceable) - plus there are issues with the signage.

Interestingly, in part 2 of the above, they say 'it is whatever the sign states' - the signs make no mention of having to display a permit. Maybe there's something in that?

As ever, all assistance is appreciated!

Coupon-mad

Report the solicitor to HMRC for apparently adding money as a a debt recovery fee then saying it isn't subject to VAT.

PrezvanRat26

OK - can certainly look into that. In the meantime, in relation to the ongoing PCN issue, just sit tight until I get the next letter? 

PrezvanRat26

OK - so for the time being I am going to await the next letter. I contacted the Management Company again who said they refuse to get involved. I am going to reach out to my MP as it's not right that the Management Company will assist one of my neighbours in getting the PCNs removed but not me.

Elsewhere, apologies but I'd need a bit more context for the above re: reporting the solicitor and how to go about it?

Thanks!

Fruitcake

Solicitors Regulation Authority, SRA, is the outfit you need. It takes a long time, and they may side with the solicitor no matter how in the wrong they are.

SRA | Solicitors Regulation Authority | Solicitors Regulation Authority

You shouldn't hold off complaining to your MP. They are the only ones who can change the way these unregulated parking companies work. You should be asking when the mandatory CoP to support the existing Parking Bill 2019 will be introduced.

WriteToThem - Email your Councillor, MP, MSP, MS, MLA or London Assembly Member for free