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Notice of intended court action - what to do?

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  • Notice of intended court action - what to do?

    First of all I would like to say, that I got two of them.
    First case: I parked as usual and went to school. I paid for a parking (Premier Parking) and came back far before my ticket expired. I found a Parking Charge Notice on the door for "No permit on the display". I were using this car park very often and it's "pay and display", so I don't know why I got this. I still have a ticked I bought at the machine. I ignored letters which came, because I paid for this car park. Now I got this message from Debt Recovery Plus Ltd about "court action".
    Second case: I did not get any ticket/notice at the car park. I parked as usual, next to many other cars in a free parking space. I paid (I should still have a ticket from the machine somewhere). Then I started to get some Penalty charge notices about "Parking in no parking area". I parked at the car park as usual, so this accusation is rubbish. I have photographs (just in case) how everybody are parking there and nothing happened, because - this is a car park! Is it legal to send to random people false Charge Notices? Or maybe they just used my data illegally to produce the second letter? I'm not parking there anymore, because I paid, I parked properly and now they are chasing me!

    What should I do now? The letters are the same and they says:
    "Notice of intended court action - unpaid parking charge £150.
    We refer to our letter dated 29/01/2015 (and 28/01/2015 as I remember) and note that we have not yet received payment pf the amount shown above.
    To prevent this case being passed to the creditor's solicitor to commence court proceedings, you must pay the full amount of £150 by 02/03/2015 (see overleaf for more information regarding liability for this charge). You can pay online or by phone. Go to www.debtrecoveryplus.co.uk/pay or phone 08445610965. Full details how to pay are shown on the back of this letter. If you have difficulty paying or believe you are not liable for this charge, please phone our payment helpline on 08445610965 to discuss payment options.
    What if you don't pay what you owe
    If you are liable for this charge and do not pay the full amount by 02/03/2015, or if you have not agreed a payment option with us by then, we will pass your file to the creditor's solicitor with a recommendation to commence court action against you. A Court Judgment against you could seriously affect your ability to obtain credit in the future.
    Please note that, if the case goes to court and you are ordered to pay the parking charge, we may seek to recover additional amounts from you as well as the parking charge. Thoseamounts would be court fees of £25 and solicitor's costs of £50.
    More information
    To see a selection of Court Judgments that our clients have obtained against people who have not paid go to www.debtrecoveryplus.co.uk"


    How can I defense that? I didn't break their rules, I just got the letters (and as I mentioned before once I didn't gat any notice at the car park). I even can't speak english very well, so I don't get most of the "law" stuff
    Tags: None

  • #2
    Re: Notice of intended court action - what to do?

    Scan the letters without names, addresses & reg numbers.

    M1

    Comment


    • #3
      Re: Notice of intended court action - what to do?

      Here is a link to one of these letters. Both have the same text, just the reason is different. On the second one is "No permit on display". About that "no permit", I would like to say, that where I parked is no sign or anything, which said "Permit only" or something like this. There is only "pay and display" sign. This is a church's car park, made at some spare space at the lawn (a grit is just added and some special net to keep it in place). That time I parked next to other cars next to church, instead of at the "lawn". The other cars (I didn't see any permit or anything displayed - I checked it before!) didn't get any notice/tickets. And one even just didn't pay, but display a notice at the piece of paper "I will be back soon" or something like this.
      Of course somewhere at the back of church is designated area for some permit holders, but I didn't park there because I can read. They didn't provide me with any proofs or photographs and I remember where I parked.
      With the another one "Park at no parking area" it's just rubbish. I parked as usual at the place I used to use for several months and never got any notice. That time as well.

      Anyway, since that time I just don't park there anymore.

      link for the letter:
      http://flyteatlasthappy.w.interii.pl/skanowanie0001.jpg

      Comment


      • #4
        Re: Notice of intended court action - what to do?

        I'd just write to them and premier park with a suitably worded letter and a scan of the ticket.

        The basis of the letter being, The driver paid and there is no debt. Feck off.

        M1

        Comment


        • #5
          Re: Notice of intended court action - what to do?

          But how about the argument "No Permit on Display", etc?

          Comment


          • #6
            Re: Notice of intended court action - what to do?

            If it was a permit only car park you shouldn't have been able to buy a ticket. Aside from what they are telling you, what actually is the car park ? Get pictures if you can.

            It very much sounds like they don't know their arse from their elbow.

            M1

            Comment


            • #7
              Re: Notice of intended court action - what to do?

              After ridiculously long time of waiting, I got the response from Premier Parking, that I can't appeal anymore and they passed this case fully to a Debt Recovery Plus. From the Debt Recovery Plus I got an email:
              "Thank you for youremail regarding the above Parking Charge Notices (PCNs).

              As per the British Parking Association’s (BPA) Code of Practice, Point 22.7, the time to challenge the charges has now expired and therefore access to the Independent Appeals Service (if applicable) is no longer available.

              However, in order to resolve this matter, I will offer the following comments as to why these PCNs were correctly issued and is still payable.

              My findings

              The site in question is subject to terms and conditions, which are stated on signs throughout the area. As these terms were breached on the date in question, a PCN was correctly and legitimately issued.

              The terms were breached because the vehicle was parked in a restricted area.

              What you need to do now

              Please ensure that £240.00 is paid by 24th March 2015. Payment can be made online or by phone. Go to www.debtrecoveryplus.co.uk/pay or phone 0844 561 0965. You can find full details of how to pay on the reverse of the letter(s) sent.

              What will happen if you do not pay what you owe

              If the amount is not paid by the date shown above, we will recommend to our client that court action be taken by them to recover the outstanding balance.

              I draw your attention to the following County Court case where judgment was entered for a parking company when the charge was disputed on multiple grounds.

              After what we understand to be the most senior judge to consider the legal issues regarding the issuing of a private Parking Charge Notice studied the case in detail, he found in the parking company’s favour: ParkingEye Ltd v Beavis & Wardley [2014].

              A transcript of the case, which is currently subject to an appeal, can be found at: www.debtrecoveryplus.co.uk/debtor/judge.php.

              We would recommend that if you are still unsure regarding this matter that you seek independent legal advice.

              What if you do not agree

              Although any correspondence that does not provide further evidence will be noted and retained, I cannot guarantee that we will reply to it."

              Photos attached shows me parked and an information about private land - pay and display (contain info about fines if not paid).

              http://flyteatlasthappy.w.interii.pl/parked.jpg

              Comment


              • #8
                Re: Notice of intended court action - what to do?

                I want to add, that I parked next to other car parked and they didn't get any ticket at all (it's easy to see that yellow envelope when you pass by other cars). Anyway - the pictures shows how I used to park almost every single day on the car park. I don't see any reason why I have to pay the ticket: 1) I never got; 2) after I paid and displayed; 3) I got while being parked among other cars parked same way. As a proof, I have many photos from other days showing car park with cars parked exactly same way. They keep scaring me with the letters, but the only thing I'm worried about is my credit score. We plan to take a mortgage in the next few months. Does it affect really my chance to get it? Or they just try to force me to pay?

                Comment


                • #9
                  Re: Notice of intended court action - what to do?

                  I'd file everything bar a court claim or a proper letter before action. If you get either of those please return.

                  M1

                  Comment


                  • #10
                    Re: Notice of intended court action - what to do?

                    Were your ticket displayed properly so that they could easily be viewed by the car park attendant?

                    nem

                    Comment


                    • #11
                      Re: Notice of intended court action - what to do?

                      Yes. Even when you will look closer, you will see them on the attached photographs (above in these topic).

                      Comment

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