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    • thehilliwilldieon
    • By thehilliwilldieon 26th May 19, 1:56 PM
    • 3Posts
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    thehilliwilldieon
    Letter before County Claim-Should I keep pushing
    • #1
    • 26th May 19, 1:56 PM
    Letter before County Claim-Should I keep pushing 26th May 19 at 1:56 PM
    Hello all,
    I am deeply appreciative of any help and clarification you can give me. I have been reading as much as I can on this forum before writing this post. I am also therefore aware of the warning not to post too much detailed information, so please excuse if it is too vague.
    I received charge when I parked in a hospital six months ago. I misunderstood the signs regarding the 'free stay' time, and subtracted that time when calculating how much I should pay.

    Before becoming aware of these forums, I made the mistake of revealing who the driver was. As now seems obvious,my appeals to it and POPLA were rejected.
    I received a letter before court claim, and tried to take the advice of one of the threads on this forum. Using their reply form, I said I needed more documents/information. I said I required from them a clear summary of the facts on which the claim is based and the documents which they intend to rely on to prove the claim. I said that if they were intending to bring court proceedings, they should know already which documents they intend to rely upon and provide them specific to this case. I also said I would like to know what kind of claim was being made.

    They send back an email a few days later saying that the parking charge remains outstanding and been processed for further action; that they note from my reply that I dispute the outstanding sum but they have review my correspondence but it remains their position that the parking charge remains due and I have 14 days to pay (a few days left now)
    I am wondering if I should ask again for information and documents? I am aware that much of the advice I read on this forum refers to the Practice Direction, which states that the claimant's letter should include all of which I asked for above, but the pre-Action appears to say only that the LBCC needs to state how the debt arose.
    I know that paragraph 5.1 states "that Early disclosure of documents can help to clarify issues resolve any issues in dispute. Where any aspect of the debt is disputed(including the amount, interest, charges, time for payment, or the creditorís compliance with relevant statutes and regulations), the parties should exchange information and disclose documents sufficient to enable them to understand each otherís position." - would this include the information I requested above?Is it arguable from their side that the POPLA decision shows what their position is? [Although I was not able to access what their actual response to my appeal].

    Basically my question is:
    1. Can I demand again, by replying to their email. that they explain what exactly their claim is/what they are demanding- i.e. if this is a contract claim/ a debt action or a Breach of Contract claim.
    2. Should I simultaneously email a 'letter without prejudice' offering to pay them the extra money I "should" have paid (the POPLA Appeal actually specified the charge I should of paid]

    Many many thanks for your advice
Page 1
    • Umkomaas
    • By Umkomaas 26th May 19, 4:53 PM
    • 25,158 Posts
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    Umkomaas
    • #2
    • 26th May 19, 4:53 PM
    • #2
    • 26th May 19, 4:53 PM
    Which parking company?

    Any 'without prejudice' offer which just covers the balance of what was and what should have been paid at the time is not worth making. PPCs exist on pounds of flesh, not morsels.

    Have you asked PALS at the hospital to intervene?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case papers, so unable to help on that front. Please don't ask.
    Give a man a fish, and you feed him for a day;
    show him how to catch fish, and you feed him for a lifetime.
    • thehilliwilldieon
    • By thehilliwilldieon 27th May 19, 12:46 AM
    • 3 Posts
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    thehilliwilldieon
    • #3
    • 27th May 19, 12:46 AM
    • #3
    • 27th May 19, 12:46 AM
    Thank you for your response-
    ParkingEye-
    And yes I understand what you mean, but my defence is that being tired after being at the hospital, I found the signage unclear in terms of free stay and if my tariff wasn't acceptable [the POPLA decision said tariffs are per hour], then the machine should not have accepted and printed a ticket with the amount I paid and therefore giving me the impression that I could pay according to how much time I spent there. Despite this lack of clarity, I am willing to pay what is left. If this isn't acceptable, how much do you suggest I offer? I am also wondering about how much I should detail my defence against this.
    I only recently found out about PALS and will contact them first thing once the bank holiday is over.
    • Umkomaas
    • By Umkomaas 27th May 19, 6:19 AM
    • 25,158 Posts
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    Umkomaas
    • #4
    • 27th May 19, 6:19 AM
    • #4
    • 27th May 19, 6:19 AM
    PE have been known to settle around the £60 mark. But you need to speak with PALS urgently as your first action.
    I received charge when I parked in a hospital six months ago.
    I'm a little surprised it has taken PE this long to issue a LBC as they are normally a little quicker out of the blocks. Did they give you a 30 day deadline in which to respond to the LBC? If so, when is the deadline?

    Can I demand again, by replying to their email. that they explain what exactly their claim is/what they are demanding- i.e. if this is a contract claim/ a debt action or a Breach of Contract claim.
    You can. The court expects both parties to 'narrow the issues' (use those words) before any hearing. Whether you will get what you expect might be another thing.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case papers, so unable to help on that front. Please don't ask.
    Give a man a fish, and you feed him for a day;
    show him how to catch fish, and you feed him for a lifetime.
    • The Deep
    • By The Deep 27th May 19, 11:41 AM
    • 15,277 Posts
    • 15,935 Thanks
    The Deep
    • #5
    • 27th May 19, 11:41 AM
    • #5
    • 27th May 19, 11:41 AM
    Have you read this?

    https://www.bing.com/search?q=nhs+parking+principles&form=EDNTHT&mkt=en-gb&httpsmsn=1&refig=07b4af981bf64a5bf67acf3a16c72b 41&PC=ACTS&sp=4&qs=AS&pq=nhs+parking+&sk=AS3&sc=8-12&cvid=07b4af981bf64a5bf67acf3a16c72b41&cc=GB&set lang=en-GB

    Concentrate on signage. IMO, PE signs leave much to be desired. I doubt that many judges would agree that they are capable of forming a contract, read this

    https://forums.moneysavingexpert.com/showthread.php?t=5972164

    and enlist the support of your MP as they are obviously trying to scam you.

    Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

    Until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.ed down, so hopefully will many of these Private Parking Companies.
    Last edited by The Deep; 27-05-2019 at 11:49 AM.
    You never know how far you can go until you go too far.
    • thehilliwilldieon
    • By thehilliwilldieon 27th May 19, 10:50 PM
    • 3 Posts
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    thehilliwilldieon
    • #6
    • 27th May 19, 10:50 PM
    • #6
    • 27th May 19, 10:50 PM
    Thank you both so much-If you have any tips about anything I should say in particular to PALS please let me know.

    I'm a little surprised it has taken PE this long to issue a LBC as they are normally a little quicker out of the blocks. Did they give you a 30 day deadline in which to respond to the LBC? If so, when is the deadline?
    It was about five months between the charge and the LBCC [with the appeals during this time]. I I asked for more information just before the 30 day deadline, and then they gave another fortnight to pay when they sent the email, which is drawing to an end.

    Thanks again
    • Umkomaas
    • By Umkomaas 28th May 19, 8:18 AM
    • 25,158 Posts
    • 40,589 Thanks
    Umkomaas
    • #7
    • 28th May 19, 8:18 AM
    • #7
    • 28th May 19, 8:18 AM
    Thank you both so much-If you have any tips about anything I should say in particular to PALS please let me know.
    Originally posted by thehilliwilldieon
    Tell them what you've told us about how confusing the signs are, especially to a patient who has been undergoing (whatever it was), feeling quite unwell on returning to the car park. Tell them that PE are now issuing court proceedings to one of the hospital's patients over a (30p, or whatever it was) shortfall of the parking payment, now adding to your current stress over your present condition (whatever it is) causing you sleep loss, appetite loss, nausea ... (add whatever you are experiencing).
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case papers, so unable to help on that front. Please don't ask.
    Give a man a fish, and you feed him for a day;
    show him how to catch fish, and you feed him for a lifetime.
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