Private parking ticket

Eezana

Coupon-mad said:

We can't read that wall of text. But ignore.

If you'd appealed them all as keeper (came here first) they would have all been cancelled.

I think that is what I did. But from their reply the circumstances don not matter. I was on breach of contract when the tickets where issued and that is far as they are concerned. 

Coupon-mad

I think that is what I did.

Can't have done. It was impossible to lose at POPLA if you hadn't implied who parked, because you had no NTKs in the post so there was no prospect of 'keeper liability'. Instead of taking that tactic, you appealed as driver telling the story of what happened. Certain to lose.

We can't read the POPLA Decision because you haven't added ten paragraph breaks (...we know that's how POPLA's website presents it but never just copy & paste a wall of text from their portal into the forum). Unreadable!

Anyway, the NEWBIES thread post 4, then post 2 after that, tells you what to do. As did my reply! Nothing to discuss. Ignore!

Eezana

I would be grateful for some advice. I received a Letter Before claim today from Gladstones Solicitors. They are demanding 650 pounds. There were the 3 original PCNs which they are demanding 170 for each and 70 pounds solicitors costs. The initial amount was 100 and has now increased to 170. The PCNs were issued on a private residential parking where I'm renting a flat. I was issued with a parking bay no 43 with no other information on the tenancy. It does not refer to needing a parking permit although I was issued one. The problem is that three are different parking areas and I was using a bay which turned out to be on the wrong area. There are no signs anywhere to direct to the different areas and it was mentioned in the tenancy or by the parking security who I have texted a picture of the bay and the permit at the start of my tenancy and they didn't inform me about it. The tickets were issued when I was away for 2 weeks and I found 3 PCNs on the car when I returned. 
I messed up during the appeal process as I mentioned that it was my car so I'm not sure if I can defend this as the keeper. I read the posts on the Newbies thread and I was planning to send this reply. They provided an option to reply through their website which I will use. I would be grateful for any feedback:

Dear Sirs,

Your Ref. ############
Proposed Legal Proceedings
Claimant: xxxxxx xxxxxxxx Ltd

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:
[Correct address here]

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

I am sourcing and seeking independent debt advice and 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 amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

Don't send me your usual blather about that.


I'm disputing the claim as there is no signage on the premises to designate the parking areas. I was provided with bay 43 on my tenancy which is the bay I have been using when the tickets were issued.

My parking permit mentions Royal Crescent but there is no indication on any sign to identify that bay as a different area. This was also not mentioned by the concierge or the parking security who I sent a picture of my permit on the beginning of my tenancy and they didn't let me know that I was parking in the wrong bay. I have numerous phone calls and text exchanges the parking security between October 24 and May 25  (including pictures of the bay) regarding issues with the bay that I have been using and they have never clarified the issue with the paring bay. 

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 lot dress 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?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?
Yours faithfully

Gr1pr

Correct,  respond with the LoC response template etc

Then see if they actually issue an MCOL money claim on behalf of their client 

Coupon-mad

That's fine but please don't then show us their template reply! Thanks. We don't need to see it again and nor do you. Same as all Gladstones threads you read!

More importantly: FIGHTBACK ALERT:

Please do the government's Public Consultation. We need every poster to complete this vital survey before the deadline.

See this thread:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-now-extended-closes-friday-26th-september/p1

We understand that you may need some pointers. It looks laborious, we get that. It doesn't matter; no knowledge is needed except re your own experiences so you can call out a scam industry and you'll protect millions of motorists and help change the law. 

I've written some guidance to help focus new posters on the issues. I've covered almost every question, providing ideas if you agree with our stance on things like DRFs, which we say must be banned.

Ordinary people like you are falling victim to this scam 15 million times per annum. Motorists need your voice added please.

CLOSES ON FRIDAY 26th SEPTEMBER.

Eezana

I just submitted my reply to Gladstone's. I'm also now going through the consultation. The guidance that you have provided is actually quite helpful and clarify which areas to focus on for each question.