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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75088
Experience:  Over 5 years in practice
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I have a question regarding PCNs received from a parking

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Hello I have a question regarding PCNs received from a parking facility.
JA: Where are you? It matters because laws vary by location.
Customer: Hatfield, Herfordshire
JA: What steps have you taken so far?
Customer: Hertfordshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have appealed the PCNs through iPAY MY PCN and AS Independent Appeals Service - but made an error and asked that they consider all 8 PCNs as part of a single appeal. They are saying I didn't follow the correct process and have now issued debt recovery for the 7 PCNs that didn't have individual appeals lodged for them. My 7.35 parking change is now £170 per PCN.

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

Who is the issuer please?

Who is the issuer please?

Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 13 days ago.
Thank you. The issuer is SABA Parking

Thank you.

 

This is a private land fine. There is a good of nonsense on the internet about private land fines. The truth is that they always did have a perfectly valid claim in breach of contract against those who do not pay or park at variance with their terms and conditions. The issue was that it was not very cost effective for them to sue. It still is not.

 

They used to sue almost nobody but they are becoming more aggressive now largely because they have lost control of the industry and can only regain it by suing those who don't pay. The chances that they will sue remain very low though so the risk is not great.

 

If they do sue, you can plead your case and may well win. If you don't win then you will only be liable for the sum of the fine plus about £25 in court costs and £55 in fixed solicitors costs. If you pay it off within 28 days of judgment then it will not show on your credit file.

 

You do have the option of putting them to proof on the adequacy of signs though. That may well succeed.

 

Alternatively, you can offer them £10 in full and final settlement. If they cash it then there is a pretty overwhelming argument that settles the claim.

 

Can I clarify anything for you?

Customer: replied 13 days ago.
thank you.

No problem and all the best.

Please remember to rate my answer.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Customer: replied 13 days ago.
Timeline as follows:
1/9/2019 Appeal re first PCN sent via email to [email protected]
12/9/2019 Appeal for additional 4 PCNs sent via email to [email protected]
23/9/2019 email resent
23/9/2019 I contacted ipaymyPCN via phone to request a response to the appeal, they instructed me to resend the email which I did
3/10 appeal for 8 PCNs lodged online via asparking.co.uk
25/10 AS Appeal requested additional information
25/10 additional information uploaded to asparking.co.uk
28/10 I received an email from AS parking helpdesk informing me that I needed to log separate appeals for each PCN
6/11 attempt to log individual appeals failed due to Verification codes not being recognised
6/11 Responded to AS parking helpdesk to inform them that the verification codes were not being recognised
6/11 AS parking helpdesk responded telling me that the codes had expired and advised me to contact the parking operator
6/11 I called Saba Parking and was told to contact iPAY MY PCN
6/11 I was unable to find a contact number for iPAY MY PCN so emailed the AS help desk and aksed them how best to proceed.
7/11 AS helpdesk provided me with the contact number for iPAY MY PCN - I called them and they told me that the verification codes would not be reissued and that the 7 PCNs that weren't lodged as separate appeals had gone to debt collection. Each one with an outstanding amount of £170

Yes, this doesn't change anything.

Responding to them less would be helpful.

Customer: replied 13 days ago.
Okay

Welcome

Customer: replied 13 days ago.
Can you please let me know when you are likely to call?

I rather presumed you didn't want a call since I have answered the question above and you have responded?

I can't say anything else over the phone and it will increase costs to you.

If you want a call then I can do it at about 2pm?

Customer: replied 13 days ago.
I have paid £40 for a call and simply saying it would be helpful to respond to them less does not advance my cause.
I need to know how I can appeal the remaining 7 PCNs

But this is all covered above?

I can call at about 2pm if you would like but I can't give you any other answer.

Customer: replied 13 days ago.
oh my goodness I'm so sorry I missed a key message

You can get a refund on the call if you email customer services.

Customer: replied 13 days ago.
thank you, that's hugely reassuring. I will stop contacting them and see what happens. Thank you

No problem and all the best.

Please remember to rate my answer.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Customer: replied 13 days ago.
thank you again. so much.

Welcome.

Either ignore them or send them £10 in full and final settlement.