Wright Hassall - won

[Bigsis]

Excel Parking Services issued a PCN to a van owned by a company 19/8/15 for "Parking Beyond the Bay Markings". The company has ignored correspondence but have now had 2 letters from solicitors Wright Hassall of Leamington Spa, threatening court action if not paid by today. The driver of the van took pictures of the parking bay, as the markings were not clear and it was difficult to park within the bay.

It has been awhile since I've fought parking charges and I know things have changed recently since the Beavis court case. Should we send the "Registered Keeper" letter asking for a POPLA code and not naming the driver or do we need to send the letter naming the driver to reset the claim. What would be your advise on how to handle this situation.

Many thanks

[Bigsis]

Re: Wright Hassall

Sorry I've realised I've posted in the wrong place, could someone move this to the correct place, thanks.

Also just noticed the 1st letter (21/12/15) refers to their client as ZZPS Ltd and says 'County Court proceedings seeking a money Judgement Order'. The 2nd letter (22/12/15) refers to our clients' client Excel Parking Services Ltd can instruct us to issue Court proceedings. Letter Before Action has previously been sent to you (we've not seen it) and they can issue proceedings without further notice.

[EXC]

Re: Wright Hassall

I'll give [MENTION=5354]mystery1[/MENTION] a shout.

[mystery1]

Re: Wright Hassall

Excel are in the IPC and hence use IAS for appeals, not popla. IAS appeals are rarely won by anyone and indeed some regular helpers elsewhere say not to even bother trying. I don't but have low expectations of winning.

If the ticket is in a company name then there is zero chance they were driving. This ruins the parking companies get out when they've screwed up keeper liability "reasonable belief that the keeper was driving" (i doubt it has won in court or ever could when faced with someone with any sort of clue but they like to trot it out)

The ticket almost certainly fails to meet the keeper liability requirements. If the company isn't arsey about it, i'd certainly ignore unless court papers or a proper letter before claim was received.

Naming the driver would be correct in order to get to popla where the chances of winning are good. IAS being bent as a spiral staircase, nah.

M1

[Bigsis]

Re: Wright Hassall

Thanks M1

It seems the wheels of the Legal process have turned backwards. The Legal system aka the government aka Mr Cameron have thrown us to the PPC wolves.

Guess we will have to ignore for now and hold our nerve, will let you know if anything further arrives.

What is the situation with Parking Eye and Euro Car Parks, are they still using Popla and if so what is the chances of winning now. Are you still recommending the "Registered Keeper" letter quoting PoPF 2012 section 4 para 9, to get Popla code.

Many thanks

[mystery1]

Re: Wright Hassall

What is the situation with Parking Eye and Euro Car Parks, are they still using Popla and if so what is the chances of winning now. Are you still recommending the "Registered Keeper" letter quoting PoPF 2012 section 4 para 9, to get Popla code.

Yes they are both still in British parking association and still use popla. Chances should still be good although the results from the new breed of popla are not coming very quickly so it's not clear if it's still the shoe in it used to be.

M1

[Bigsis]

Re: Wright Hassall

Hi M1

All still quite with Wright Hassall.

However, got another situation with PE with regard to a company owned car over-staying at a motorway services. Due to changes in Company Office Admin staff, we don't have any of the original notices (if ever?). O/H was handed a letter from PE dated 22/12/15 when he went. back to work after the Xmas hols. It just refers to the event being 12/11/15 at 12.13 and where it occured. The letter refers to Outstanding Parking Charge Amount due £100. Its says S4 PoFA for keeper liability has been satisfied and PE can recover parking charge from RK, as 29 days have now passed and needs to be paid in 14 days. Obviously, we have missed all the dates to comply, but company sent the RK appeal letter saying PoFA was flawed and to send POPLA code if rejected on 7/1/16.

He was in office on Friday and was handed another PE letter dated 6/1/16 stating Letter Before County Court Claim, saying payment must be made with 14 days or further action will be taken and court proceeding, will be issued. Also quoting £50 solicitors costs, £25 court claim issue fee and refers to recent Supreme Court decision. Letters have clearly crossed in post, but no response to Appeal letter and have missed vital dates again.

What would your advise be, pay up the £100 and get it over with or is there any other course of action we can take before they issue Court Claim.

Many thanks

[mystery1]

Re: Wright Hassall

You could go to court and argue non compliance with PoFA but that is pretty risky as parking eye are clsoer to compliance than most others. I'd name the driver asap before they raise a claim and then they can't win against the registered keeper (providing they are not one and the same !)

M1

[Bigsis]

Re: Wright Hassall

Thanks M1

The company is the RK, OH is employed by them as Operations Director.

By telling PE who the driver was, does that re-start the clock, so to speak. Will they send Parking Charge Notice to driver with original fine?

[mystery1]

Re: Wright Hassall

They should do but quite possibly won't. It does however give the company an excellent chance to win in court if they don't.

http://www.legislation.gov.uk/ukpga/...dule/4/enacted

Right to claim unpaid parking charges from keeper of vehicle


4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.
(2)The right under this paragraph applies only if—
(a)the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met



Conditions that must be met for purposes of paragraph 4


5(1)The first condition is that the creditor—
(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but
(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.


(2)Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid parking charges from the keeper.

No keeper liability if they know the drivers details BEFORE starting a claim.

M1

[Bigsis]

Re: Wright Hassall

Company got letter ready giving name and address of driver to send off to PE today, however, in today's post they have received a letter from PE in response to the RK appeal letter. As expected it was an unsuccessful appeal, but they did provide a POPLA code. They have also as a gesture of goodwill, extended the discount period for a further 14 days. Don't know what the discount amount was, but unsure how to proceed, thinking maybe just pay the discount amount and that be the end of it.

[mystery1]

Re: Wright Hassall

So you have a popla code and a letter before action for the same ticket ?

If so appeal to popla but don't name the driver, is what i'd do.

M1

[Bigsis]

Re: Wright Hassall

Yes, the 'Letter Before County Court Claim' is dated 6/1/16, the RK appeal letter went to PE on 7/1/16 so they crossed in post and the PE appeal rejection letter with POPLA code is dated 20/1/16. This letter refers to the date, the place and time of the event, it doesn't say what the offence was (assume its for staying over the free 2 hours). Don't have any of the original notices. I was successful with POPLA appeals prior to the Beavis v PE judgement, has the format/wording changed a great deal.

[mystery1]

Re: Wright Hassall

Email them and tell them you are within your allowed time to appeal to popla and will be doing so.

Then give me some info to work with

M1

[Bigsis]

Re: Wright Hassall

Hi M1

OH will be back in the office tomorrow and will send email from company email address rather then his own.

He thinks he got to services just before 10am, made some calls and then went into Starbucks. He had arranged to meet a client for a breakfast meeting. The client was running late so their meeting over-ran and he thinks he over-stayed approx 15mins. Not completely sure about the exact time. When he is in the office tomorrow he will check if he still has the receipts.

Hope that helps, let me know if you need anything further.