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Help and guidance please

Capt_Mainwaring
Capt_Mainwaring Posts: 105
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Hi

This is my first post. I've read through some of the stickies and I've got to admit, my head is spinning a little. I could really do with some help and guidance, as I'm not sure where to go from here. I feel sick as I type this and I just want the whole miserable saga to end quickly.

Two PCNs have been issued by a well known car parking firm. An appeal was done via their website to address the first one (this was perhaps naïve but was done without any prior internet research). Unsurprisingly, they were not interested in the rationale. When the appeal didn't work, I then began to consult the various forums dedicated to this subject. Most of the comments I read were unequivocal, in that any further correspondence from the company or any follow up letters from a Solicitor should be ignored. This advice has been duly followed.

The latest letter is headed - Notice of Pending County Court Claim - I've been fairly bullish to this point, as I don't believe any money is owed to this company (their machines were out of order on both occasions). However, I'm now at a point of what do I do next? Do I continue to ignore the letters and potentially receive a court summons? Should I write them a 'cease and desist' letter, as per the various examples I've seen?

Please can you help, as this is seriously getting me down. Thank you.
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Comments

  • KeithP
    KeithP Posts: 37,432
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    edited 1 January 2018 at 9:24PM
    You need to read the NEWBIES FAQ sticky thread.

    All the advice you need is in there.

    What is the name of the private parking company?

    You talk about 'the amount of time that has elapsed' but give no idea what that might be.

    Perhaps your thread title could be adjusted to something more useful. :D
  • Half_way
    Half_way Posts: 7,029
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    Dont panic.
    as above what parking company is it?
    secondly you should complain to the landowner who contracted the parking company, but before you do post any complaint on here for best results and to avoid being fobbed off.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Redx
    Redx Posts: 38,084
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    edited 1 January 2018 at 9:28PM
    firstly , you will NOT receive advice to IGNORE solicitors letters

    the advice on any forum over the last 5 years is to APPEAL each and every ticket to the PPC, as keeper, and not reveal who was driving

    if the PPC is a BPA member you make a secondary appeal to popla when you get a popla code, as keeper

    you IGNORE the IAS appeal system

    you will NOT receive a summons as this is a civil issue , not a criminal issue

    the court claim side is called MCOL now, but was set up in 1973 as the small claims service, for issues like outstanding invoices, which these parking charges are

    you say you have appealed these parking invoices and failed (or ignored up until now)

    the PPC may have debt collectors chasing you, these can and should be IGNORED

    the PPC has 6 years to issue a court claim using MCOL, this is normally from the Northampton CCBC (the government centre for bulk claims) - it is NOT a court, just a civil service centre

    the PPC may well use solicitors to issue an LBC , these should be rebutted so see the daniel san rebuttal example in the NEWBIES sticky thread, post #2

    the PPC may issue an MCOL via Northampton CCBC , these should NOT be ignored, again see post #2 of that NEWBIES sticky thread

    that sticky thread is your bible, so study it carefully, and yes it IS up to date

    sometimes a debt collector issues a demand on pimped out letterheaded notepaper which purports to be from a solicitor, its not, so check what you have and ensure that you know EXACTLY who sent it

    if it is an official LBC that conforms to the new oct 2017 PaP protocols, reply and rebut

    DO NOT ignore an official LBC under the new protocols, or anything similar, from a solicitor

    DO NOT ignore an MCOL from Northampton CCBC

    these are NOT criminal offences, so you definitely WILL NOT get a summons

    which PPC is it ?

    when did these so called "offences" occur ?
  • Thanks for the quick responses - I was wondering when someone would reply with Don't Panic!

    I've deliberately withheld some of the detail, as I don't want the firm and their Sols to know who I'm referring to. I can confirm that both instances happened within the last six to nine months.

    From memory, I think the identity of the driver was confirmed during the appeal to the firm.
  • Hi Keith

    I've read through it and I'm still none the wiser!
  • Coupon-mad
    Coupon-mad Posts: 130,634
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    The latest letter is headed - Notice of Pending County Court Claim - I've been fairly bullish to this point, as I don't believe any money is owed to this company (their machines were out of order on both occasions).
    Excel using BW Legal, by any chance?
    However, I'm now at a point of what do I do next? Do I continue to ignore the letters and potentially receive a court summons?
    There is no court Summons! This is not a criminal matter where you are summoned to court. If anything it would be a small claim, as covered in the NEWBIES thread post #2, and in 2017 this forum had a 99% win rate with fully coached well-defended claims.

    Only 2 were lost after being fully coached (and one of those people lost one and won one, as the facts differed). If people lose, it's no biggie, they then pay about £175. Scam over, no CCJ.
    I've read through it and I'm still none the wiser!
    You may have to re-read the right bits then. I regularly edit it, but I'm not re-writing it!

    Post #2 of the sticky thread tells you everything about pre-court through to hearing, and how to win.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Fruitcake
    Fruitcake Posts: 58,155
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    edited 1 January 2018 at 9:37PM
    We do need to know the name of the PPC and the solicitors and the timeframes involved. We need to know what stage you are at in the process.

    Always complain to the landowner or retailer.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Redx
    Redx Posts: 38,084
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    6 to 9 months is nothing

    the PPC has 72 months to issue a court claim

    without telling us the details of any so called "solicitor" or the PPC in question we cannot give you proper advice

    chances are that the so called "solicitors" you refer to is a pimped out letterhead and never even originated from any solicitor at all

    I suggest you check those letters and confirm if they are actual solicitor letters or merely from a debt collector hiding behind the logo

    potentially you have another 5.5 years of this whether you like it or not, you are in their trap , on their hook and they are playing with you at the moment as time is on their side
  • CM has correctly identified the firm and their Sols. Approx timescales confirmed earlier (six to nine months).
  • Redx
    Redx Posts: 38,084
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    edited 1 January 2018 at 9:53PM
    in which case you construct a rebuttal based on similar letters posted on here recently, but also based on the daniel san rebuttal to an LBC,

    so you respond to their LBC letters and deny the debt, checking to see if their letters conform to the new PaP that came in on 01 oct 2017 and trying to ensure you make them comply by showing them the error of their ways if they have failed those PaP

    so its write a denial or several denials of any alleged debts

    and its keep doing so for the next 64 months or so, UNLESS they get tired of it and issue one or two MCOL`s from the Northampton CCBC

    google the word MCOL and read up on court claims

    and read all the replies in this thread, several times, until you get the gist , then do the same with that NEWBIES sticky thread, which contains all the information you need to know, for free (even if you do not understand the legal jargon, it applies anyway, and you did ask)
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