Parking Gesture of Goodwill or await claim

gforumuser

Hello, 
Firstly I've read the NEWBIES and yes it has been priceless and will continue to be, if I'm correct in my next move. I received a PCN, which admittedly I missed in the post. Parking in a spot that I should have entered my Reg Plate, as user of the local gym I can use the parking but need to add the reg plates to a tablet on entry - (they've admitted in the past of incorrectly marking me as having not checked in, but I had). However, the second letter I got was a Final Reminder or Debt Collectors, you have 14 days. On the day I received it, I went online to appeal and it already shown as gone to debt collectors and not able to appeal. I complained to Horizon whom, said all letters had been sent - I never received the second reminder letter and the final letter was received the day it went to collectors. 

I then complained to the Horizon stating that I've not had a chance to appeal and therefore will await a claims to challenge. They've now come back and as a 'gesture of goodwill' will reduce the payment to £95 (from £165), but still pay the debt collectors.

I was debating whether to respond to Horizon and state I'll see them in court,  as I have ample proof of my gym attendance. They have also since (trying to find out when) changed the parking terms to IF more than an hour, I believe it may have been 30 mins prior to that (google maps pic attached. OR my other option just stay quiet and await for them to go through the claim - the final phase and take it up with the small claims courts. I attach the letters. Any recommendation is much appreciated. 

Thanks

prowla

"Gesture of goodwill" - now there's a thing!

Coupon-mad

Just don't pay the £95.  

Horizon are dead easy to beat on appeal with one email because the first NTK is usually 'non-POFA' worded. How come you missed killing it off just by appealing as keeper?

Did no NTK arrive? If so, ask them why they are breaching the BPA CoP clause 23 which DOESN'T only require them to reissue the PCN but also requires them to make appeal/POPLA available too.  Demand a POPLA code and quote the BPA CoP about 'pausing debt recovery' (to rewind and allow access to appeal) in cases where it is known that the NTK was not received.

gforumuser

Coupon-mad said:

Just don't pay the £95.  

Horizon are dead easy to beat on appeal with one email because the first NTK is usually 'non-POFA' worded. How come you missed killing it off just by appealing as keeper?

Did no NTK arrive? If so, ask them why they are breaching the BPA CoP clause 23 which DOESN'T only require them to reissue the PCN but also requires them to make appeal/POPLA available too.  Demand a POPLA code and quote the BPA CoP about 'pausing debt recovery' (to rewind and allow access to appeal) in cases where it is known that the NTK was not received.

As I missed the first letter, didn't receive the reminder and the final letter I received the final reminder (£95) letter the day it went to Debt Collectors, so I could not appeal. I emailed to say I've just received a letter stating I have 14 days to pay or appeal but that when I went to the portal it was already passed its deadline and passed to Debt Collectors. Then a few days later got a letter from DRP.

The problem is they've simply said, we did send them. I will attempt the rewind BoP about pausing debt recovery. 

Coupon-mad

You can see from the BPA CoP that it's not enough just to pause debt recovery: they MUST offer appeal access. 

gforumuser

@Coupon-mad

Coupon-mad said:

You can see from the BPA CoP that it's not enough just to pause debt recovery: they MUST offer appeal access. 

So their response, clearly fighting my ability to appeal and can only guess they're going to immediately decline the appeal. 

"We refer to paragraph 23.8 of the BPA code which states that we must have a process for considering appeals outside of the normal 28 day period where the appellant provides evidence of exceptional circumstances for the appeal not being lodged within normal time frames.
As a gesture of goodwill if you wish to submit your appeal evidence to us we will consider the status of the parking charge but this will not be on the basis of an official appeal and you will not be issued with a popla code if the evidence is not sufficient to alter the status."

Surely they have to provide me with a Popla Code!

Coupon-mad

Complain again that that's just scammery and you will now report them to the BPA.

gforumuser

So I've now received a LBC from Gladstone, having complained again and then chosen to ignore all Debt Recovery Plus letters, then Empira and now got the LBC letter. Read the Newbies part2 and was about to use the template. 
After advice, was going to send the template letter given in the Newbies thread and add the brief grounds for defence in the fact I wasn't given reasonable access to appeal, signage says 1 hour (though not sure when that changed), and that I have evidence I was in fact in the gym. Do I bother with that added information and add attachments or will they proceed regardless?
Thank you in advance. 

Coupon-mad

No, do not add detail or questions.

You want a vague claim (if one comes, which Gladstones don't always follow through with). 

gforumuser

Sooo, think we’re going to claims. Starting prep work. 

From Gladstones Solicitors 

Good Afternoon,

 Thank you for your email dated DD MM YYYY.

 As this is a generic template readily available on the internet, it is not our intention to reply substantively to the content.  

Please find attached the Evidence Packs which we trust to be self-explanatory. 

Our Client is therefore satisfied the case against you should proceed unless the debt owing of £165.00 is discharged in full. To ensure no further action is taken, you should make payment on or before DD MM YYYY. 

If you do not make payment, we are instructed to issue legal proceedings to recover the outstanding balance in full. Should it become necessary to issue legal proceedings, we suggest you follow the steps on the claim form upon receipt of the same. 

Payment can be made to the account detailed as follows:  

Gladstones Solicitors Ltd   

XXXX Bank     

Account Number: xxxxx    

Sort Code: xxxxxx   

  

Please quote the above reference number xxxx.xxxx when making payment to ensure the payment can be allocated correctly. 

Kind Regards