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  • FIRST POST
    • illingd
    • By illingd 21st Oct 18, 2:25 PM
    • 8Posts
    • 3Thanks
    illingd
    Premier Park PCN - I ignored them up to now, but I'm getting cold feet
    • #1
    • 21st Oct 18, 2:25 PM
    Premier Park PCN - I ignored them up to now, but I'm getting cold feet 21st Oct 18 at 2:25 PM
    Back in June I parked at a car park where the pay machine was not working. I parked anyway for about half an hour.

    Subsequently received a PCN from Premier Park.

    I responded on their website saying I was perfectly willing to pay but couldn't because machine on the blink.

    Their response was something along the lines of, "you could have paid by other means - e.g. phone or text". (Unfortunately I can't find a copy of this response.)

    Browsing around MSE forums, a lot of people's advice seemed to be, "just ignore them and they'll eventually give up: they never go to court." So I've ignored all subsequent demands.

    I recently received a letter from ZZPS Limited, who I guess are a debt collector that PP has passed my PCN on to.

    I ignored the first of their letters and now I have another, threatening to put things into the hands of a solicitor (See extract from the letter below)

    Any suggestions what I should do? is it time to give up and pay, or can I ignore again and hope it doesn't go to court?

    We wrote to you previously about this PCN, and according to us, this debt remains unpaid.

    Our next course of action is to pass this account to QDR Solicitors Limited. We would prefer to get to the bottom of this with you, without the need to use lawyers. However, we are duty bound to advise that if this does get passed to QDR Solicitors Limited, the balance owing will increase by £30 plus VAT.

    A recent Supreme Court ruling (ParkingEye -v- Beavis) has confirmed that a Parking Charge issued on private land:
    * is enforceable; and
    * the Parking Charge does not breach the Unfair Terms in Consumer Contracts Regulations 1999.

    If this remains unpaid, in the event of legal action taking place, court fees and solicitors costs, along with statutory interest, could be added to the amount owed. The legal process is not simple and if you need advice, places where this can be sought are on the reverse of this letter.

    It is in your interests to either get in touch or pay this account and we again invite you to do so within seven days of you receiving this letter; if the account progresses to our solicitors, we will not be able to help you.
Page 1
    • Umkomaas
    • By Umkomaas 21st Oct 18, 2:41 PM
    • 20,279 Posts
    • 32,015 Thanks
    Umkomaas
    • #2
    • 21st Oct 18, 2:41 PM
    • #2
    • 21st Oct 18, 2:41 PM
    Nothing you can do but see what they do from here on. This could have so easily been cancelled via POPLA had you come here at the time of the ticket issue. But that ship has now long sailed.

    Last year Premier got a little court-frisky, but this year they seem to have cooled their ardour some. Maybe they got a few too many bloody noses in 2017?

    http://www.parkingappeals.info/companydata/Premier_Park.html

    Have you complained to the landowner and ask if they'll get this cancelled, given the fault with the machine - sometimes works.
    Last edited by Umkomaas; 21-10-2018 at 2:43 PM.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • waamo
    • By waamo 21st Oct 18, 3:40 PM
    • 4,745 Posts
    • 6,133 Thanks
    waamo
    • #3
    • 21st Oct 18, 3:40 PM
    • #3
    • 21st Oct 18, 3:40 PM
    Back in June I parked at a car park where the pay machine was not working. I parked anyway for about half an hour.

    Subsequently received a PCN from Premier Park.

    I responded on their website saying I was perfectly willing to pay but couldn't because machine on the blink.

    Their response was something along the lines of, "you could have paid by other means - e.g. phone or text". (Unfortunately I can't find a copy of this response.)

    Browsing around MSE forums, a lot of people's advice seemed to be, "just ignore them and they'll eventually give up: they never go to court." So I've ignored all subsequent demands.

    I recently received a letter from ZZPS Limited, who I guess are a debt collector that PP has passed my PCN on to.

    I ignored the first of their letters and now I have another, threatening to put things into the hands of a solicitor (See extract from the letter below)

    Any suggestions what I should do? is it time to give up and pay, or can I ignore again and hope it doesn't go to court?
    Originally posted by illingd

    I'm a bit concerned that you have seen advice on here to ignore tickets as the faq explicitly says not to.

    Can you show us this advice you read please so it can be corrected?
    This space for hire.
    • illingd
    • By illingd 21st Oct 18, 10:34 PM
    • 8 Posts
    • 3 Thanks
    illingd
    • #4
    • 21st Oct 18, 10:34 PM
    • #4
    • 21st Oct 18, 10:34 PM
    I'm a bit concerned that you have seen advice on here to ignore tickets as the faq explicitly says not to.

    Can you show us this advice you read please so it can be corrected?
    Originally posted by waamo
    I had trouble finding the advice about ignoring Premierís messages, which is why I posted a new thread. Maybe it was in some other forum.
    • illingd
    • By illingd 21st Oct 18, 10:50 PM
    • 8 Posts
    • 3 Thanks
    illingd
    • #5
    • 21st Oct 18, 10:50 PM
    • #5
    • 21st Oct 18, 10:50 PM
    Nothing you can do but see what they do from here on. This could have so easily been cancelled via POPLA had you come here at the time of the ticket issue. But that ship has now long sailed.
    ......
    Have you complained to the landowner and ask if they'll get this cancelled, given the fault with the machine - sometimes works.
    Originally posted by Umkomaas
    Since my original post, Iíve managed to find the emails I got when I responded online to the original PCN, and sure enough they contain the magic word POPLA. Pity I didnít understand enough at the time and chose to start ignoring the issue.

    Iím not sure who the landowner is - it wasnít a supermarket or shopping centre or anything, just a general carpark
    • Redx
    • By Redx 22nd Oct 18, 12:04 AM
    • 19,987 Posts
    • 25,311 Thanks
    Redx
    • #6
    • 22nd Oct 18, 12:04 AM
    • #6
    • 22nd Oct 18, 12:04 AM
    I’m not sure who the landowner is - it wasn’t a supermarket or shopping centre or anything, just a general carpark
    Originally posted by illingd

    and that is why we have a Land Registry, where for a small fee you can find these things out


    the IGNORE advice on here was changed to APPEAL back in March 2013 , a few months after POFA2012 came into force. it also changed to appeal to popla for BPA members as well, none of this advice has changed since
    Last edited by Redx; 22-10-2018 at 12:07 AM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • waamo
    • By waamo 22nd Oct 18, 9:37 AM
    • 4,745 Posts
    • 6,133 Thanks
    waamo
    • #7
    • 22nd Oct 18, 9:37 AM
    • #7
    • 22nd Oct 18, 9:37 AM
    You have started down a path you now need to continue on. Try for a landowner cancellation as that would kill the ticket.

    The all important odds of court
    http://www.parkingappeals.info/companydata/Premier_Park.html
    This space for hire.
    • The Deep
    • By The Deep 22nd Oct 18, 9:55 AM
    • 10,649 Posts
    • 10,494 Thanks
    The Deep
    • #8
    • 22nd Oct 18, 9:55 AM
    • #8
    • 22nd Oct 18, 9:55 AM
    Buy some warm slippers. If what you say I true, if they took this to court they would crash and burn. Failure to maintain ticket machines means that there can be no contract, therefore they cannot claim you breached that contract.

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct
    You never know how far you can go until you go too far.
    • illingd
    • By illingd 22nd Oct 18, 12:04 PM
    • 8 Posts
    • 3 Thanks
    illingd
    • #9
    • 22nd Oct 18, 12:04 PM
    • #9
    • 22nd Oct 18, 12:04 PM
    Thanks to all who responded. I now have a better idea of where I stand.

    I'll have a look at trying the landowner approach.

    Otherwise, if it comes to a solicitor's letter, court etc, there looks to be plenty of good stuff here to assist me further once I get to grips with it. If nothing else, I'll have learned some new acronyms!
    • illingd
    • By illingd 8th Nov 18, 3:13 PM
    • 8 Posts
    • 3 Thanks
    illingd
    Letter Before County Court Claim (LBCCC)
    Quick question:
    Does a the letter that precedes actual court proceedings have to actually contain the words "Letter Before County Court Claim"?
    If not, how do I recognize a letter that I must respond to, as opposed to a debt-collector scam?
    (Just got a letter from "QDR Solicitors" and I don't think this is a LBCCC?)
    • waamo
    • By waamo 8th Nov 18, 3:15 PM
    • 4,745 Posts
    • 6,133 Thanks
    waamo
    It will contain a form that you are asked to fill out detailing your current financial situation.
    This space for hire.
    • Le_Kirk
    • By Le_Kirk 8th Nov 18, 3:16 PM
    • 3,363 Posts
    • 2,319 Thanks
    Le_Kirk
    It could be LBA/LBC/LBCC but it should give you 30 days to respond rather than 14 days or some other random number which is used by scaremongering debt collectors.
    • KeithP
    • By KeithP 8th Nov 18, 3:18 PM
    • 10,753 Posts
    • 11,176 Thanks
    KeithP
    Who does that QDR letter suggest you pay?
    .
    • Quentin
    • By Quentin 8th Nov 18, 3:20 PM
    • 37,946 Posts
    • 22,060 Thanks
    Quentin
    Ö. complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    Originally posted by The Deep
    This is hopelessly unrealistic


    OP don't take your eye off this "ball" thinking the PPC will shortly be closed down and miss any deadlines dealing with this
    • illingd
    • By illingd 8th Nov 18, 10:25 PM
    • 8 Posts
    • 3 Thanks
    illingd
    Who does that QDR letter suggest you pay?
    Originally posted by KeithP
    By implication, I am supposed to pay QDR - the letter says "... we require you to make payment within 14 days", and "... call us to on [phone number] to make payment by debit card..."
    Last edited by illingd; 08-11-2018 at 10:27 PM.
    • KeithP
    • By KeithP 8th Nov 18, 10:27 PM
    • 10,753 Posts
    • 11,176 Thanks
    KeithP
    Ignore that letter. In is not a compliant Letter of Claim.
    .
    • nosferatu1001
    • By nosferatu1001 9th Nov 18, 8:22 AM
    • 3,989 Posts
    • 4,788 Thanks
    nosferatu1001
    The easy way to spot a letter before claim, is it requires that you pay or they WILL start court action without further notice. No ifs, no asking hte client, no recommending. WILL.
    • The Deep
    • By The Deep 9th Nov 18, 8:40 AM
    • 10,649 Posts
    • 10,494 Thanks
    The Deep
    This is hopelessly unrealistic

    Quentin. that was written a fortnight ago, I have now revised my estimate.

    Do try to keep up.
    You never know how far you can go until you go too far.
    • Quentin
    • By Quentin 9th Nov 18, 10:50 AM
    • 37,946 Posts
    • 22,060 Thanks
    Quentin
    Yes it was hopelessly unrealistic when it was posted!

    And remains unrealistic
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