PCM - Appeal Rejected

Terrasquad

Hi all,

Hope you're well. Was looking for some advice. I received a parking ticket at Embassy Gardens which is notoriously poorly sign posted. The car was parked in a space with absolutely no signage. There was nothing to suggest that parking there was not allowed as there were no signs, no painted lines. Parking was paid for the allotted time with many other cars parked here. An appeal was sent a rejected on the basis that there were tiny signs which were neither clear nor close to where the vehicle was parked indicating a restriction.

A little bit of background on the appeal, the ticket was issued late September and the initial appeal was lodged 5 days after the ticket was issued and no response was received. My company then received a letter at the end of November and I once again appealed on the basis that they did not respond to my initial appeal within a reasonable timeframe and therefore should cancel the frivolous ticket. They have responded to that appeal a full 22 days later.

From the advice in the pinned thread is to not bother appealing to the IAS and I'm seeing online in other places too that it is a waste of time as they will just reject anyway. What should I do now?

What should I advise the lease company regarding this Parking Charge?

My sincerest apologies if these questions have already been answered, I've tried to look through the posts for an answer but would really appreciate any direct help.

Many many thanks.

Terrasquad

*Side note, car pictured in the post is not mine, but the empty space is where the car was parked

Gr1pr

Tell the lease company not to pay it, but to refer them to you, the lessee, by giving them your details as a lessee

Ignore them from now on 

Come back to this thread if you receive a Letter of Claim followed by a court claim pack from the CNBC in Northampton using MCOL,  within the next 6 years 

Terrasquad

Hi mate, apologies, what do the acronyms mean? 

Nellymoser

You'll find a list in the NEWBIES thread near the end:
Some forum acronyms explained (REMEMBER THAT SOME OF THESE WILL NOT MEAN ANYTHING OUTSIDE OF THE FORUM) or search Google 

Le_Kirk

But you will have seen the acronym page when you read the NEWBIE sticky as everyone is asked to do before posting!

Terrasquad

So the Letter of Claim has finally come. I've prepared the template letter as per the Newbies thread. I have also seen on another forum that this will just be responded to with a BS template response from these numpties.

I'm guessing I should avoid adding anything further to the template response from the Newbies thread in relation to the fact that I appealed the original ticket which was baseless and poorly signed area?

Also from the advice on here I'm assuming I should email the letter to them and not post it?

Is there any further advice for now or should I just send the letter and wait for their response? I know the letter says debt advice is being sought, is this something I will need to evidence later? Do I need to do anything in relation to this now?

Many thanks.

Terrasquad

Is the below letter ok?

Dear Sir/Madam,

Address for Service

Please note that my current address for service is as follows:

[Insert Full Address]

Kindly update your records accordingly and ensure that any outdated address is removed to comply with your data protection obligations.

---

Dispute of Alleged Debt

The alleged debt referenced in your Letter of Claim is fully disputed. Should your client proceed to issue court proceedings, I will defend the matter in full.

It is further noted that your client has increased the claimed sum by an additional £70, which I consider excessive, unjustifiable, and contrary to guidance issued by the Government, which has previously described such charges as a form of "extorting money from motorists." I request that you refrain from issuing any standardised or non-specific responses. In accordance with the Pre-Action Protocol for Debt Claims, I now require specific and detailed answers to the following:

---

1. Debt Recovery Fee

• Does the £70 charge represent a “debt recovery” fee?

• Is this amount inclusive or exclusive of VAT?

• If inclusive, on what basis is your client attempting to pass on their VAT liability to me as the alleged debtor?

2. Nature of the Principal PCN Charge

• Is the principal sum claimed as damages for breach of contract or as consideration for a contract allegedly formed?

• Please clarify the legal basis on which the PCN is being pursued.

3. Alleged Breach of Contract

• Identify the specific term(s) of the alleged parking contract that you claim the driver breached.

• Provide evidence of how these terms were clearly communicated to the driver at the time of the alleged incident.

---

Concerns Over Procedural and Professional Conduct

Your client’s failure to identify the contractual basis of the claim is unacceptable and procedurally deficient. As legal professionals, you are officers of the court and must act in accordance with your obligations under the Civil Procedure Rules, including CPR 1.3. Issuing claims or threats of litigation without a proper factual and legal foundation is an abuse of process and undermines the integrity of the legal system.

If your client persists in pursuing this matter without adequately addressing these fundamental issues, I will bring all of the above concerns to the attention of the court as part of a robust defence. This may include seeking cost penalties for unreasonable conduct under CPR 27.14(2)(g) and/or applying for the matter to be struck out as an abuse of process. Referral to the appropriate regulatory authorities may also be considered if necessary.

I strongly recommend that this matter is escalated to a qualified solicitor or senior member of your firm who can properly assess the serious legal and procedural concerns raised in this letter.

Yours faithfully,
[Your Name]

Terrasquad

Someone has suggested the following:

Your Letter Before Claim contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon and thus is in complete contravention of the Pre-Action Protocol for Debt Claims.

Because your letter lacks specificity and breaches the requirements of the Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2) as well as the Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)), you must treat this letter as a formal request for all of the documents/information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol.

As solicitors you must surely be familiar with the requirements of both the Practice Direction and the Pre-Action Protocol for debt claims and your client, as a serial litigator of debt claims, should likewise be aware of them. As you (and your client) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is embarrassing that a firm of Solicitors are sending a consumer a vague and un-evidenced 'Letter of Claim' in complete ignorance of the pre-existing Practice Direction and the Pre-Action Protocol.

I confirm that, once I am in receipt of a Letter Before Claim that complies with the requirements of para 3.1 (a) of the Pre-Action Protocol, I shall then seek advice and submit a formal response within 30 days, as required by the Protocol. Thus, I require your client to comply with its obligations by sending me the following information/documents:

1. An explanation of the cause of action
2. whether they are pursuing me as driver or keeper
3. whether they are relying on the provisions of Schedule 4 of POFA 2012
4. what the details of the claim are; for how long it is claimed the vehicle was parked, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. If the claim is for a contractual breach, photographs showing the vehicle was parked in contravention of said contract.
7. Is the claim for trespass? If so, provide details.
8. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the BPA/IPC Private Parking Single Code of Practice (PPSCoP).
9. a plan showing where any signs were displayed
10. Photographs of the signs displayed (size of sign, size of font, height at which displayed) at the time of any alleged contravention.
11. Provide details of the original charge, and detail any interest and administrative or other charges added
12. Am I to understand that the additional £70 represents what is dressed 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?
13. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13, 15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

Yours faithfully,

===================================================================

Not sure which one to go with.

Coupon-mad

I wouldn't send either!

THE LAST THING you want is to ask for specifics now.

You want a vague Moorside claim where you can either (once the Claim arrives):

- genuinely defend saying it lacks specificity,

or

- ask troublemaker22 (a solicitor poster) to do his thing and apply to 'strike the claim out' with zero costs risk to you. He raises money for charity doing these and he covers the fee.

Terrasquad

Thank you @Coupon-mad, so go with the template set out in the Newbies thread?