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  • FIRST POST
    • Yorkie1804
    • By Yorkie1804 6th Apr 18, 12:57 PM
    • 15Posts
    • 4Thanks
    Yorkie1804
    Combined Parking Solutions Notification of Legal Proceedings
    • #1
    • 6th Apr 18, 12:57 PM
    Combined Parking Solutions Notification of Legal Proceedings 6th Apr 18 at 12:57 PM
    Apologies if this is covered elsewhere in the wealth of information available, but I have spent several hours researching this. I have discovered that CPS do take a few people to court each year but not many. Brief outline of events so far, and will of course provide more detail if advised accordingly by reputable people. (having also read how certain people will pose under different names and give fake advice!)
    So, PCN issued in 2015,
    NTK received and replied to, requesting an appeal, nothing heard (i did post a thread at the time but it is now closed and not sure if they can be re-opened?)
    Several letters from Debt Recovery Plus with the usual harassment to pay ever increasing costs or a final offer
    I now have a letter from CPS headed Notification Of Legal Proceedings (in suitably large scary red bold font!) giving me a choice of paying £100 within 14 days or allow the matter to proceed to court and complete the enclosed Pre Action Protocol documents
    I intend to dispute this but want to know if I should treat this as a LBC, or would this only come from a Solicitor? If I do respond to this, is this the time to ask for further details and information from CPS or do I just wait for the solicitor's letter and then respond
    Thanks in advance for any guidance, and apologies again if this thread was not necessary
Page 2
    • Yorkie1804
    • By Yorkie1804 24th Apr 18, 10:23 PM
    • 15 Posts
    • 4 Thanks
    Yorkie1804
    Thanks CM and others, think I'm good to get this printed and posted, as well as emailed (just in case they "don't receive" the letter). Will get proof of posting and cc myself in the email as advised in other posts
    • Yorkie1804
    • By Yorkie1804 30th Apr 18, 3:54 PM
    • 15 Posts
    • 4 Thanks
    Yorkie1804
    Bit of an update on this. I posted the reply to LBC and sent a copy by email last Thursday, then received a reply to the email within a couple of hours. This was addressed to me and my MSE Username, just in case confirmation of CPS monitoring posts was needed. I can post the full email here later if anybody would like to see it, but it went along the lines of saying they don't accept documents by email, then still sent a fairly detailed response after a 'quick glance' at my documents. Basically they are assuming that I was the driver and what my case will be, and that I won't stand a chance against them.
    I just wondered at this point if it is worth posting the full correspondence and photos so far just to get some feedback, or to wait until the next stage. I appreciate the more people that see this the better but happy to deal by PM if there is anything you would prefer to advise me on, off this thread/forum
    • Yorkie1804
    • By Yorkie1804 14th May 18, 9:20 PM
    • 15 Posts
    • 4 Thanks
    Yorkie1804
    Nothing heard back after the email acknowledgement so thought I would post the contents of the email to see if it is worth replying to, or just waiting for a reply / next stage? As already known, the forum is being monitored, so feel free to PM me if there is any advice you want to give in confidence

    Mr ---------- / Yorkie1804

    Thank you for your email, as we do not accept service of documents by email I note that you have posted a copy which upon receipt will be reviewed.

    I have quickly glanced at the contents and much of it you are not entitled to, or as another posted on MSE has advised you – if you wish that information then you should go and get it yourself.

    We have no obligation to send you a copy of the contract between ourselves and the client, however if you claim we do have a legal obligation please advise the legal authority you seek to rely on such a claim – I can however confirm a contract is in place and a copy will be given to the court for the hearing.

    We do not have to demonstrate any of our costs (this is so outdated information … ) – as you are aware CPS work on a contractual charge basis and not a breach model .. to quote a number of judges “a contract is a contract is a contract” .. if you didn’t want to accept the terms then you should not have parked in front of a big red sign stating a permit was required and more important “Do not park here unless you agree and understand the terms and conditions”

    You have demonstrated in your posts that you are really not looking to settle and in one post it is clear you just want to cause us as much work as possible, which is not something we are going to entertain.

    I do not see this as a matter that can be settled by endless emails and documents that will take us no further forward – you case will be “if there isn’t a sign in front of that bay then clearly I can park there” – our case will be the whole section of that car park has signs are a reasonable person would have checked before parking.
    You ignored the initial ticket and did send in some type of “template” appeal letter after your first set of postings – although out of time for an appeal – a standard reply was sent to which you are claiming was never received, however we do get POP for all our mail.

    I think it is well established now (even between the so called experts on the forums) that CPS signage is one of the few that can form a binding contract and as they will tell you (reluctantly) we only process and pursue cases that we are confident that all conditions have been met.

    You have, by the LBC been put back in the same position as the NTK and you have decided not to take this, instead posting online and then sending us this letter in which none of the requests will clear anything up .. you know exactly where you parked, the location and wording of the signs and the way private parking works and therefore you are fully aware of the process involved of the court system and the costs involved – I mention this just in case you try and claim otherwise at the hearing.
    • Coupon-mad
    • By Coupon-mad 14th May 18, 9:27 PM
    • 61,626 Posts
    • 74,533 Thanks
    Coupon-mad
    I think it is well established now (even between the so called experts on the forums) that CPS signage is one of the few that can form a binding contract and as they will tell you (reluctantly) we only process and pursue cases that we are confident that all conditions have been met.
    I don't think so, Perky & co.

    Someone in your pocket might have an understanding/agreement with you, from way back with some murky meeting of like-minds, but I don't. I am not that sort of person.

    Wow...I would so hate to write to people like that, as if it's big and clever to intimidate consumers. Imagine actually thinking this is a good thing to do in life, make your money off the back of people who can often least afford it and have no idea about the dubious signs and never accepted a 'contract'.

    Private parking firms know people don't see their signs and that's what these firms rely on.
    Last edited by Coupon-mad; 15-05-2018 at 12:55 AM.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Johnersh
    • By Johnersh 15th May 18, 12:30 AM
    • 1,177 Posts
    • 2,234 Thanks
    Johnersh
    CPS signage is one of the few that can form a binding contract
    Lots of signs constitute contracts, generally speaking. I'd still work on a case specific basis. After all, as they say in Under Siege II - hxxps://youtu.be/7rr88Szc5q0 - there's a spot of language in that so look it up only if you want to (I don't shy away from highbrow stuff, me)

    I'd happily show that letter to the court if the claimant believes it reasonable to ambush parties with hitherto unseen material on the day of a hearing. Seems like an approach that just wastes valuable court resources to me (that'll be CPR 1).

    Personally, I quite like postal service.

    If the claimant intends on bringing a claim (in any debt matter) you should be provided with the wording of the contract, the amount of the debt (separate from any charges applied) and details of any intention to claim interest. That's protocol.

    The next steps other than beating one's chest are on the claimant, once the relevant stocktake period is concluded.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • StaffsSW
    • By StaffsSW 16th May 18, 11:55 AM
    • 5,463 Posts
    • 5,590 Thanks
    StaffsSW
    Hey Mike, since you're reading this, I never heard back from you on the Peugeot CA16TKF?

    Despite all of your threats, I assume you decided to go after the driver instead?

    That little paragraph in POFA can be quite useful even if a rental agreement doesn't have the exact wording
    <--- Nothing to see here - move along --->
    • Coupon-mad
    • By Coupon-mad 17th May 18, 12:32 AM
    • 61,626 Posts
    • 74,533 Thanks
    Coupon-mad
    Glad to hear you are not one of those in Perky's pocket, SW.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
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