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  • FIRST POST
    • mattlewis59
    • By mattlewis59 13th Feb 18, 8:12 AM
    • 1Posts
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    mattlewis59
    Debt Recovery
    • #1
    • 13th Feb 18, 8:12 AM
    Debt Recovery 13th Feb 18 at 8:12 AM
    So, I have recently settled a parking charge against myself (appealed to POPLA and won). I have now received another letter from the parking company saying I still need to pay, and now another letter from a debt recovery company saying I need to pay as well. Is there a chance I can appeal for causing me distress with their letters? Who do i make the appeal to and how?
    Thanks!
Page 1
    • Umkomaas
    • By Umkomaas 13th Feb 18, 8:25 AM
    • 17,238 Posts
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    Umkomaas
    • #2
    • 13th Feb 18, 8:25 AM
    • #2
    • 13th Feb 18, 8:25 AM
    Which parking company? Which debt collector? Can you host the letter (redacted) on tinypic and copy the url here (change http to hxxp) to read how it is phrased?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • Fruitcake
    • By Fruitcake 13th Feb 18, 10:21 AM
    • 36,551 Posts
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    Fruitcake
    • #3
    • 13th Feb 18, 10:21 AM
    • #3
    • 13th Feb 18, 10:21 AM
    Complain to the BPA and your MP that you are being harassed by a parking scammer after you have had the PCN overturned.

    These are some of the comments made by the MPs in Parliament concerning the unregulated parking industry (Feb 2018):

    https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

    ''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

    These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he wants further information about this scam.

    With regards to the words in bold, ask the BPA what they are going to do about this rogue parking company in order to change the opinion of MPs and the motoring public.

    Personally I don't think you will get anywhere with a harassment claim, but that your time would be better highlighting this scam industry.

    Oh, since you have had a demand for payment from both the parking scammer and a debt crawler, I would send two letters of complaint to the BPA and your MP, a few days apart.
    One complaint about the scammers, and then the second one about the debt crawler.
    Last edited by Fruitcake; 13-02-2018 at 10:23 AM.
    I married my cousin. I had to...
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    • pogofish
    • By pogofish 13th Feb 18, 11:00 AM
    • 8,334 Posts
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    pogofish
    • #4
    • 13th Feb 18, 11:00 AM
    • #4
    • 13th Feb 18, 11:00 AM
    Post Four of the Newbies Sticky covers debt collectors in their entirety. There isn't much else to do now other than act on the advice given.
    • The Deep
    • By The Deep 13th Feb 18, 11:13 AM
    • 9,012 Posts
    • 8,669 Thanks
    The Deep
    • #5
    • 13th Feb 18, 11:13 AM
    • #5
    • 13th Feb 18, 11:13 AM
    Is there a chance I can appeal for causing me distress with their letters?

    You can sue them in the SCC for harassment, and perhaps for invasion of privacy, but it is not for the timid.

    You will need to acquaint yourself the appropriate law and be prepared to go against their lawyer in court.

    If you are claiming for stress you will need evidence from your GP/therapist. As FC says, complain to your MP, but watch this first.

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

    If you can afford to lose, are confident you can argue your case in front of a jugge, and have the time, go for it.
    Last edited by The Deep; 13-02-2018 at 11:18 AM.
    You never know how far you can go until you go too far.
    • Loadsofchildren123
    • By Loadsofchildren123 13th Feb 18, 12:35 PM
    • 1,995 Posts
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    Loadsofchildren123
    • #6
    • 13th Feb 18, 12:35 PM
    • #6
    • 13th Feb 18, 12:35 PM
    Write them a Letter Before Claim.


    Dear Sirs,


    LETTER BEFORE CLAIM WRITTEN PURSUANT TO THE PRACTICE DIRECTION - PRE-ACTION CONDUCT


    I refer to your letters of x and x (copies enclosed).


    As you must be aware, on x date I appealed the PCN issued on x date to POPLA. On x date I was informed that the POPLA appeal had succeeded, and therefore the PCN is unenforceable from that date. I enclose a copy of the notification that my appeal was successful.


    Your actions in continuing to write to me alleging that the charges are still payable, and that if I do not pay them my credit is likely to be adversely affected, amount to a course of conduct which amounts to harassment of me, and which you ought to know amounts to such harassment, under section 1 of the Protection from Harassment Act 1997. This is a criminal offence under Section 2(1) of the Act which, under Section 3 may be made the subject of a civil claim, pursuant to which damages may be awarded for anxiety and financial loss.


    Since you have no basis to request any form of payment from me, you and your agents have no reason to write to me and no reason to request monies, or to threaten that my credit history will be adversely affected.


    I cannot see that you will have any defence whatsoever to any claim under the Act, because you cannot have any justification in writing to me. However, if you believe that you have a defence, please reply to this letter within 14 days telling me what it is.


    This letter is to ask that you and any agents instructed by you desist writing to me with immediate effect. If I hear from you again (save in respect of my request that you inform me what defence you might have to any claim I choose to bring), then I will issue a claim for damages and injunctive relief without further notice. As per established case law, such damages will amount to 750.


    I draw your attention to the provisions of the Practice Direction- Pre-Action Conduct, particularly the provisions of paragraphs 13-16.


    Yours faithfully
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • Loadsofchildren123
    • By Loadsofchildren123 13th Feb 18, 12:36 PM
    • 1,995 Posts
    • 3,327 Thanks
    Loadsofchildren123
    • #7
    • 13th Feb 18, 12:36 PM
    • #7
    • 13th Feb 18, 12:36 PM
    If you do intend to do anything, you need an evidence trail of the distress, so have a think about what that might be. Crying into your tea at work? Stressing over it at home with your partner/spouse? Mentioning it to the doctor (eg if you suffer from anxiety anyway)?
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • Ralph-y
    • By Ralph-y 13th Feb 18, 5:14 PM
    • 2,571 Posts
    • 3,200 Thanks
    Ralph-y
    • #8
    • 13th Feb 18, 5:14 PM
    • #8
    • 13th Feb 18, 5:14 PM
    while we await your reply re PPC name ......

    can you please check all the 'invoice' numbers to confirm that they are for 1 parking event and not 2 ?


    Ralph
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