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  • FIRST POST
    • Palec
    • By Palec 4th Aug 18, 1:13 AM
    • 124Posts
    • 27Thanks
    Palec
    Letter of claim from bwlegal
    • #1
    • 4th Aug 18, 1:13 AM
    Letter of claim from bwlegal 4th Aug 18 at 1:13 AM
    Hello,

    I posted here my case in 2014, with replies not to pay and come back if the matter goes to court for proper defence as I appealed at a time and lost, now PPS want 160 for 8 minutes which took us to pay another 1 for extended parking...
    I was reading about new law and excessive charges plus mitigating factors, well landowner has changed since then, PPS is not operating where we got fine in 2014...
    Letter says to pay or I can be taken to court, just came from holiday, seems 30 days deadline I will not manage to reply, so if they decide to take me to court, will defend then as previously I was writing here about debt collectors who contacted me and in the past I have offered 10 for 8 minutes, because we have got proof from expired ticket and new ticket we purchased...
    Mitigating factors should be considered by court I believe, so plan is waiting until court and defend in writing...
    Any advice please? Please have a look at my post re PPS from 2014/2015, as now after 2.5 years they contacted me again.
    Thank you.
Page 4
    • Palec
    • By Palec 12th Aug 18, 10:43 PM
    • 124 Posts
    • 27 Thanks
    Palec
    Thank you Quentin. Funny is that they claim I did not display valid ticket, which I did, I was just late and since I purchased another one and put it into my window the difference is 10 minutes, so yes it was expired. DVLA does not recommend to drive if the driver does not feel fit to drive, the only problem is that I did not put this to my appeal with them or into my Popla appeal, as everywhere was written that only court would take into consideration such mitigating factor, so am able to disclose more details as for my health and reason why to court...
    If I lose it seems maximum they can get is 160 as they want now anyway, maybe interest, I am not sure, but I feel any reasonable judge would be fair after disclosing all relevant information so am not worried too much, less stressed after help in this forum, so that you very much.
    As for debt collectors, they contacted me with threatening with court actions in 2015, I replied that I feel bullied, got about 5 letter from them, so I feel discriminated as it was not actioned then...Does it count if somebody is sending you letters they will take you to court if you do not reply within xy days then nothing and then contact you again after 2 years? Thank you
    • KeithP
    • By KeithP 12th Aug 18, 10:51 PM
    • 9,883 Posts
    • 10,204 Thanks
    KeithP
    They, like any creditor, have up to six years to start court action to recover the alleged debt.

    It doesn't matter how big the gaps are between debt collectors' letters.
    .
    • Palec
    • By Palec 13th Aug 18, 11:27 PM
    • 124 Posts
    • 27 Thanks
    Palec
    Thank you KeithP.
    Well in my case will help only common sense, me feeling unwell to drive, with medical condition in the past I need to be aware of not to drive if feel unwell.
    Then grace period 10 minutes which is exactly the case, I got ticket 8 minutes after first one, bought another one 10 minutes after first one, so we had to cross each other as car park is small and I have seen car nearby...
    I cannot see anywhere in writing that they have to give you grace period in private car parks, city council is 10 minutes, so if it is the matter of goodwill, maybe I cannot argue about grace period too much?
    • KeithP
    • By KeithP 13th Aug 18, 11:33 PM
    • 9,883 Posts
    • 10,204 Thanks
    KeithP
    I cannot see anywhere in writing that they have to give you grace period in private car parks, city council is 10 minutes, so if it is the matter of goodwill, maybe I cannot argue about grace period too much?
    Originally posted by Palec
    Why not?

    I'm not going to read back through all sixty-three posts on this thread to find out which AOS your PPC belongs to, but both the AOS's COPs contain terms about grace periods.

    You need to read them.
    .
    • Coupon-mad
    • By Coupon-mad 14th Aug 18, 2:00 AM
    • 62,736 Posts
    • 75,673 Thanks
    Coupon-mad
    I cannot see anywhere in writing that they have to give you grace period in private car parks,
    That's odd.

    It's in the Code of Practice of any PPC's Trade Body (BPA or IPC), where you'd expect it to be stated.
    • Palec
    • By Palec 14th Aug 18, 8:05 PM
    • 124 Posts
    • 27 Thanks
    Palec
    will look into it as for certain periods specified like in city council, thank you
    • Coupon-mad
    • By Coupon-mad 14th Aug 18, 8:06 PM
    • 62,736 Posts
    • 75,673 Thanks
    Coupon-mad
    Forget City Council stuff.

    Look in the appropriate ATA (either BPA or IPC) Code of Practice, it's there.
    • Palec
    • By Palec 14th Aug 18, 10:23 PM
    • 124 Posts
    • 27 Thanks
    Palec
    My PPC is PPS ltd
    • Coupon-mad
    • By Coupon-mad 14th Aug 18, 10:27 PM
    • 62,736 Posts
    • 75,673 Thanks
    Coupon-mad
    Which one? Full name?

    Premier Parking Solutions are IPC, if it's them.

    Not litigious much, but you'll know that from doing the search suggested in the second post of the NEWBIES thread that tells you which PPCs sue and which don't very often.

    Like any creditor, any PPC has up to six years to start court action as per the previous advice. No-one here would pay a private PCN.
    • Palec
    • By Palec 14th Aug 18, 10:28 PM
    • 124 Posts
    • 27 Thanks
    Palec
    Thank you Coupon-Mad, will do it, not sure if you ever got into stage that you have been on border of paying and do some overtime instead of finding and fighting something because your brain does not take in any more info, so that I just do it if court papers arrive, as 7 days limit for rebuttal is somehow not enough time for me to reply and I am sure it will not be illegal, to give me 7 days, first time they gave me 30, so more or less I do not understand legally this timelimits before court, how much time they can give you, but I went through this in 2015, too. Thank you everybody, I do apologise that do not cope in finding staff myself, am exhausted, will try again when feel better. All the best...
    • Palec
    • By Palec 14th Aug 18, 10:31 PM
    • 124 Posts
    • 27 Thanks
    Palec
    YES it is PREMIER PARKING SOLUTIONS LIMITED
    • Coupon-mad
    • By Coupon-mad 14th Aug 18, 10:35 PM
    • 62,736 Posts
    • 75,673 Thanks
    Coupon-mad
    Like I said already, and as shown in a link in the NEWBIES thread post #2, look at them as listed by the BMPA on the PADI website.

    Not madly litigious, no need for a new hat for court just yet!
    • Palec
    • By Palec 14th Aug 18, 10:36 PM
    • 124 Posts
    • 27 Thanks
    Palec
    They used last time Debt recovery plus to write me in 2017, for the same amount without details of how much they would charge me like this time via bw legal for court fees, solicitor fees, interest. Solicitors fees are not recoverable, I found out interest would be if I lose, which I do not expect, not sure if I have to pay court fees if the put it via MCOL, will see. Thank you
    • Quentin
    • By Quentin 14th Aug 18, 10:36 PM
    • 37,525 Posts
    • 21,736 Thanks
    Quentin
    So read up the IPC COP on grace periods
    • Palec
    • By Palec 14th Aug 18, 10:46 PM
    • 124 Posts
    • 27 Thanks
    Palec
    https://theipc.info/downloads
    • Coupon-mad
    • By Coupon-mad 14th Aug 18, 10:48 PM
    • 62,736 Posts
    • 75,673 Thanks
    Coupon-mad
    OK we assume that's for your use and reference on this thread, because we know about the two possible CoPs and we won't be trawling them for what we already know is there for you to find.
    • Palec
    • By Palec 14th Aug 18, 10:54 PM
    • 124 Posts
    • 27 Thanks
    Palec
    15. Grace Periods
    15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so
    they may make an informed decision as to whether or not to remain on the site.
    15.2 Drivers must be allowed a minimum period of 10 minutes to leave a site after a
    pre-paid or permitted period of parking has expired.
    15.3 The reference to 10 minutes in 15.2 above shall not apply where the period of pre-paid
    or permitted parking does not exceed 1 hour providing that the signage on the site
    makes it clear to the motorist, in a prominent font, that no grace period applies on that
    land.
    I pad for one hour, after 8 minutes they issued PCN and I bought another ticket 10 minutes after first one, so that I should be fine...
    • Coupon-mad
    • By Coupon-mad 14th Aug 18, 10:56 PM
    • 62,736 Posts
    • 75,673 Thanks
    Coupon-mad
    The reference to 10 minutes in 15.2 above shall not apply where the period of pre-paid or permitted parking does not exceed 1 hour
    I paid for one hour, after 8 minutes they issued PCN
    Hmmm...you are not 'fine' except can we stop discussing this pointlessly now please, because no IPC thread needs any input AT ALL (please) unless a PPC try a court claim?
    • Palec
    • By Palec 14th Aug 18, 10:58 PM
    • 124 Posts
    • 27 Thanks
    Palec
    Yes it is for my reference only, maybe if somebody new will help also link and part 15 about grace periods from there...
    • Palec
    • By Palec 14th Aug 18, 11:14 PM
    • 124 Posts
    • 27 Thanks
    Palec
    Just explanation from my point of view, point 15.3
    15.3 The reference to 10 minutes in 15.2 above shall not apply where the period of pre-paid
    or permitted parking does not exceed 1 hour providing that the signage on the site
    makes it clear to the motorist, in a prominent font, that no grace period applies on that
    land.
    I have got pictures from Popla appeal which failed and there was nothing in signage about grace period, so my foreign understanding is that grace period of 10 minutes applies in my case such used expression that I should be fine and will be not posting anymore unless court claim. Thank you
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