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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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/s I am challenging a parking charge notice issued

Resolved Question:

Dear Sir/s
I am challenging a parking charge notice issued on private land. I would like to ask whether you could read through the draft and provide some advice as to whether this would constitute fair reason for complaint. The pcns occurred in Wales.
In summary, I have recieved 4 pcn's for parking a Morriston hospital in swansea as a patient or visitor. Since parking in wales and in this hospital in particular has always been free, I disregarded these. (mitigating circumstance, a pregnancy gone badly wrong and an ill child). About 4 months later I received four notices to keeper (including instructions to appeal).
My appeal was based on
1. there was no signage (I note that new signage has sprung up only in the last 2 weeks, following my complaint)
2. I submitted my formal appeal to the notice to keeper within the 28 days allowed, and got no answer. Instead, I got a letter from a debt collection agency.
3. The park operator never replied to my appeal with a refusal number therefore I could not apply to POPLA for redress
4. The debt collection notice was issued within the 28 days where one usually is allowed to appeal.
5. When I contacted the head office of VINCIPARKS(the operator) I was told my details had already been passed on the the debt collection agency, if I wanted I should have appealed to them. As I did not reply to the tickets they said they were not interested in any more communication.
My Letter to the debt collection agency.
Without prejudice
Re: EU54YTC
Dear Sirs
Re: formal challenge to your letter dated 6 January 2015
Thank you for your letter dated above. I am formally disputing the information passed on to you by your client Vinci Park Ltd, the information contained in this letter, and the lack of due process followed with respect to legislation including, but not limited to, the Protection of Freedoms Act 2012.
1. Your letter:
States that there are four PCN’s issued for different reasons and at different locations. I invite you to refer to your client ref. MGH00520140917105244, MGH00320140925111621, MGH00520141021111326, MGH00520141022103826. All of these unequivocally state that the site and reason for the alleged infraction are one and the same. Your demand for debit is therefore based on factually incorrect data and therefore null.
2. Your client
Alleges that there is no record of any valid dispute. Your client has served a written “notice/s to keeper” to which I have formally appealed/objected multiple times, in electronic correspondence dated (xxxxx). This within the prescribed format and the required time frame.
3. You (ZZPS) Ltd.
Have served me notice within the 28 day period from receipt of the notice to keeper above detailed where formal representation to the issuer of the written notice is allowed, and your claim is therefore vitiated and invalid in addition, and independently of the above reasons.
Upon following up my unanswered representations with your client’s representative I was informed by electronic mail dated (xxxxxx, signed Ms xxxxxx) that the appeals process will be managed by you as a debt collection agency. I find this sinister and a significant deviation from due process. Notwithstanding, you have not provided any means of doing so in your letter.
4. You (ZZPS Ltd) and / or Vincipark
Have significantly deviated from due process with respect to the above act and have denied me reasonable means with which to appeal. This includes, but is not limited to the following.
1. I am allowed 28 days from the receipt of the written “notice to keeper” with which to formally appeal. Vinci has passed on my details to ZZPS even before this time had lapsed. Your demand for funds is dated the 6th January, still within this time period (28 days), therefore vitiated and invalid.
2. Have not issued me with a reply to my appeal to date.
3. Have not provided me with a code which I can use to appeal to the Parking on Private Land Appeals (POPLA) (an option still available within the prescribed time limit as of the date of this correspondence)
4. Denied me and / or failed to provide me with the information you or Vinci hold regarding the evidence with which you are substantiating your allegations as in my correspondence date the (xxxxx)
5. The cost of parking in the hospital in question continues to be free for patients and visitors. The cost of £4,00 therefore represents a demand which is not allowed by the above mentioned act.
Therefore hold that I am being treated unfairly and demand your request to be immediately withdrawn. Having exhausted all other reasonable means, I will hold any further demands for money from Vinci Park Ltd, ZZPS Ltd, your representatives or agents separately and/or together and/or in aggregate to constitute harassment. Similarly, I reserve the right to sue to the maximum allowed by law, with costs and damages.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know whether they have threatened or actually issued court proceedings?
Customer:

Dear Alex

Customer:

Thanks for your help. They have sent a debt collection letter but not issued or threatened court proceedings

Alex Watts : Ok in that case I would send the response and not even bother sending anything further
Alex Watts : If they issued a claim it would be a small claim
Alex Watts : They would need to show there was a contract between you and them, you agreed to their terms, they followed the code and the most important thing they suffered a loss.
Alex Watts : A court at most would award probably less than £5
Alex Watts : But these can't be enforced by the court like a council ticket.
Alex Watts : Therefore I would not pay too much attention. There will be letters from solicitors etc but then nothing will happen.
Alex Watts : its just not worth their time as legal costs can't be recovered in a small claim.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Thank you. The car is registered to me as owner and keeper. My partner is a university employee that sometimes claims mileage on the hospital when he does some travel for them. Precisely to sidestep this issue, we have never asked or been given a staff parking permit. Would this constitute a claim on their behalf?

Customer:

Also they are claiming for £160 in parking tickets and asking in total for £400 in debt collection costs.

Customer:

Would this alter the small claims consideration?
Many thanks

Alex Watts : No, any claim for £10,000 or less is a small claim.
Alex Watts : So send the letter, you will get a load back then it will stop.
Alex Watts : But it won't even get to court.
Customer:

many thanks I am very grateful for your time today. Good evening

Alex Watts : haopy to help.
Alex Watts : Can I clarify anything else?
Customer:

no that is all. thanks#

Customer:

I will of course rate it as excellent

Alex Watts : great, if I could ask you to rate my answer before you go, the button should be at the bottom of the screen
Alex Watts : If you do need more help please click reply
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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