Tweet
Hi everybody,
I received a county court business centre claim letter yesterday for a "parking notice" which I have contested from day one and I'll explain why.
I usually use the train station's own parking when I go into London but last year there was work being done so it was full and I was getting late so this was the first time I used a PhoneandPay car park which was supposed to be £2.50 for a day. I downloaded the app and it all went wrong from there. It crashed every time and I kept sending through the crash report. I took screenshots of the app crashing. I called the number they had listed and no answer so I left a message telling them where I'm parked and that I'm trying to pay and to call me back. At one point it asked for my card details for payment and I entered them thinking finally they're in. When I didn't get any clear acknowledgement or confirmation receipt of payment I kept trying to access the app to no avail so I emailed them in the early evening trying to pay!
They called me the next day in the early evening saying their systems don't take back payments so they will offer me a "late payment charge" of £20 or I may OR MAY NOT receive a penalty. I refused point blank as they had no right to change their terms for their service and I was not going to pay for something that wasn't my fault.
That was the original issue. Since then there have been so many other things that the entire case is convoluted at this point with so many other back and forths I am sick of the entire thing!
In short:
1) They sent a notice over 6 weeks later at least which I don't have anymore but my original appeal was just a scrawled out letter I stuck in the postbox with a regular stamp referring them to the company phone calls and email. Have a sister and friend who can attest to this but no post office receipt (which months down the line they came back to requesting)
2) I had letters from 2 different debt collectors months later and ignored them as I figured they must be a mistake.
3) I got a QDR solicitor letter to which I then responded again to all 3 and called the PhoneandPay people again who all came back with different things. PandP said appeal again through Civil Enforcement website which I did, referring to all the past stuff with attached screenshots etc and referenced by sickness. They responded very quickly saying its way after appeal date so we're no longer dealing with it get lost. QDR sent me a letter saying they haven't heard from me which this time I kept as this is what I thought happened the first time. They then emailed separately at a later date saying they need proof of original appeal or I have to pay this trumped-up charge which I refused and told them about the triggering of my condition with this nonsense. I'd like to point out that they also claim to have sent out the original penalty notice within a week which was a complete and utter lie. And the 3rd company I just never heard from.
4) QDR gave up and all of a sudden Civil Enforcement decided they are now dealing with it again and demanded payment. I responded with a detailed letter using a template I found on here looking at the contract and mentioned the issues with their own signage too and that I am keeping all this and they know it will be used in any court proceeding should they insist on wasting the judges time. They came back with we can't give you the name of our clients due to data protection (the client I apparently entered a contract with). They addressed nothing at all from the 5-page letter I sent.
5) I had started developing symptoms over the past 5 months, ended up having a full-blown relapse and now receive the court notice.
I don't even know where to start with this, I am livid at the audacity of these hustlers and refuse to capitulate as I know I went above and beyond to pay the stupid £2.50 and they have known it since the beginning. I want to defend this but I am not sure how I am supposed to send the acknowledgement properly to give me the 28 day period etc and how I am to work out what counter-claim I should pursue in terms of the harassment and distress physical and emotional.
Do I have a case?
X
I received a county court business centre claim letter yesterday for a "parking notice" which I have contested from day one and I'll explain why.
I usually use the train station's own parking when I go into London but last year there was work being done so it was full and I was getting late so this was the first time I used a PhoneandPay car park which was supposed to be £2.50 for a day. I downloaded the app and it all went wrong from there. It crashed every time and I kept sending through the crash report. I took screenshots of the app crashing. I called the number they had listed and no answer so I left a message telling them where I'm parked and that I'm trying to pay and to call me back. At one point it asked for my card details for payment and I entered them thinking finally they're in. When I didn't get any clear acknowledgement or confirmation receipt of payment I kept trying to access the app to no avail so I emailed them in the early evening trying to pay!
They called me the next day in the early evening saying their systems don't take back payments so they will offer me a "late payment charge" of £20 or I may OR MAY NOT receive a penalty. I refused point blank as they had no right to change their terms for their service and I was not going to pay for something that wasn't my fault.
That was the original issue. Since then there have been so many other things that the entire case is convoluted at this point with so many other back and forths I am sick of the entire thing!
In short:
1) They sent a notice over 6 weeks later at least which I don't have anymore but my original appeal was just a scrawled out letter I stuck in the postbox with a regular stamp referring them to the company phone calls and email. Have a sister and friend who can attest to this but no post office receipt (which months down the line they came back to requesting)
2) I had letters from 2 different debt collectors months later and ignored them as I figured they must be a mistake.
3) I got a QDR solicitor letter to which I then responded again to all 3 and called the PhoneandPay people again who all came back with different things. PandP said appeal again through Civil Enforcement website which I did, referring to all the past stuff with attached screenshots etc and referenced by sickness. They responded very quickly saying its way after appeal date so we're no longer dealing with it get lost. QDR sent me a letter saying they haven't heard from me which this time I kept as this is what I thought happened the first time. They then emailed separately at a later date saying they need proof of original appeal or I have to pay this trumped-up charge which I refused and told them about the triggering of my condition with this nonsense. I'd like to point out that they also claim to have sent out the original penalty notice within a week which was a complete and utter lie. And the 3rd company I just never heard from.
4) QDR gave up and all of a sudden Civil Enforcement decided they are now dealing with it again and demanded payment. I responded with a detailed letter using a template I found on here looking at the contract and mentioned the issues with their own signage too and that I am keeping all this and they know it will be used in any court proceeding should they insist on wasting the judges time. They came back with we can't give you the name of our clients due to data protection (the client I apparently entered a contract with). They addressed nothing at all from the 5-page letter I sent.
5) I had started developing symptoms over the past 5 months, ended up having a full-blown relapse and now receive the court notice.
I don't even know where to start with this, I am livid at the audacity of these hustlers and refuse to capitulate as I know I went above and beyond to pay the stupid £2.50 and they have known it since the beginning. I want to defend this but I am not sure how I am supposed to send the acknowledgement properly to give me the 28 day period etc and how I am to work out what counter-claim I should pursue in terms of the harassment and distress physical and emotional.
Do I have a case?
X
)
Comment