PPS private parking solutions - PCN issued whilst passengers in the car

Rickerdoom

Hello,

I have now received Letter Before claim from Gladstones. It was issued on 14th of July. What would you advise i do now? and is court claim imminent? any help would be much appreciated. thank you

Gr1pr

Study the Letter of Claim advice in the 2nd post in the newbies sticky thread in announcements near the top of the forum

Yes, you can consider that a Money Claim will arrive in the post in the next couple of months

Rickerdoom

https://forums.moneysavingexpert.com/discussion/comment/82106122#Comment_82106122

Thank you. Is it still worth replying to them despite it being after the 30 days, and asking them for another 30 days with the email below:

Dear Sirs,

I refer to your Letter Before Claim dated _____.

The alleged debt is disputed in full and any proceedings will be defended.

I am seeking independent debt advice and request that this matter is placed on hold for at least 30 days pursuant to the Pre-Action Protocol for Debt Claims.

I also require copies of the documents and information relied upon by your client, including:

• the original Parking Charge Notice and Notice to Keeper;
• all photographs relied upon;
• photographs/copies of the signage and terms applicable at the material time;
• evidence of your client's authority to operate and issue charges at the location;
• details of the alleged contractual breach; and
• a full breakdown and legal basis for the additional £70 added to the original parking charge.

I have also submitted a Subject Access Request to your client.

Please confirm that the matter has been placed on hold and that no proceedings will be commenced whilst the requested information is outstanding.

Gr1pr

Your choice to make, it may only delay things, more important is confirming the correct address for the service of papers ( this is a nothing stage, other than confirming your details. )

The LoC response template in the newbies sticky thread in announcements near the top of the forum is not the one in your reply above

Rickerdoom

thank you, Is this the template i should use? because i adapted the above from other threads

Dear Sirs,

Your ref: [insert reference number]

Proposed legal proceedings

Claimant: [insert name of parking company]

I refer to your letter of claim.

I confirm that my address for service for the time being is as follows, and any older address must be erased from your records:

[Insert correct address here]

You should revert to your client because the 'propensity to pay' score in my case is zero, so any claim is hopeless and a waste of the court fee (whether 'fronted' by your firm or not). Move on to weaker victims.

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

Yours faithfully,

Coupon-mad

Yes (we don't need to check what is in the NEWBIES thread).

Rickerdoom

https://forums.moneysavingexpert.com/discussion/comment/82106212#Comment_82106212

Thank you for all the help, and after sending the email, this is what I've received:

I wanted to ask 1) what are my chances of winning in court? 2) What's the maximum amount I'm likely to get charged?

Thank youuu

Gr1pr

1. Unknown without all the facts and evidence, but that outcome is for a judge to decide, if the case ever gets to a paid for hearing
2. A typical loss in court is about £212 , for a single pcn, as explained in the newbies sticky thread in announcements near the top of the forum

Rickerdoom

https://forums.moneysavingexpert.com/discussion/comment/82122542#Comment_82122542

Thank you, that's a lot more than the PCN.

The facts are that the vehicle was stationary for less than a minute. Not even parked. They took picture from a distance.

Does the court provide interpretors?

Coupon-mad

"Does the court provide interpretors?"

Yes or you can take a relative but Gladstones are highly unlikely to go as far as a hearing.

And if I am proved wrong on that, as the vehicle was stationary for less than a minute, not even parked and the PPC took pictures from a distance (which is illegal: covert surveillance breaches Data Protection principles and ICO rules on camera enforcement) you wouldn't lose this case anyway.

There was no parking event.

As you said on page one, when trying the farce of POPLA:

The duration was extremely brief — consistent with a driver assessing signage and then choosing to leave.

·        The photographic evidence consists only of wide-angle images taken from a distance and does not show whether the vehicle was parked or whether the driver exited the vehicle.

·        As such, there is no proof that a parking event took place, nor that the driver remained on site for any purpose other than to decide whether to stay or leave.


No canny judge would fall for a stop of a few seconds being deemed an agreed contract.

Stop worrying and just play the game.

Please show the PCN with the two photos they took, with times visible.