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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 2630
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I received a Parking Charge Notice Letter for Parking,

Customer Question

I received a Parking Charge Notice Letter for Parking
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: I received a letter (not a PCN as far as I can see) from Park Direct Ltd on 14th April advising that the 'date of the event' was 11th March and the PCN was issued on 16th March. However I never received an actual PCN before that, I don't think this letter amounts to one. I wrote back stating that I have not received a PCN and they have written back on 29th April stating that the 'case has already progressed to the debt recovery stage' and I am to 'direct all further correspondence to Debt Recovery Plus Ltd'
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 18 days ago.
Category: Law
Expert:  Ed Turner replied 18 days ago.

Hello. I am Ed, a Solicitor qualified in England and Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

Customer: replied 18 days ago.
Hi Ed
Expert:  Ed Turner replied 18 days ago.

I am sorry that you are facing a potential dispute with a parking enforcer over a PCN but hopefully I can assist you in resolving the matter before it escalates and you are forced to incur significant further legal costs.

Customer: replied 18 days ago.
ok, thanks
Customer: replied 18 days ago.
I would like to continue with online comms thanks
Expert:  Ed Turner replied 18 days ago.

It appears that the owner of the car park or their enforcing agents (“Claimant”) have threatened to issue Court Proceedings against you as “Defendant” under Part 7 of the Civil Procedure Rules 1998 claiming for damages comprising a penalty for unauthorised parking worth a few hundred pounds, plus interest on damages and the court fee to issue the Proceedings.

If you fail to respond to the Proceedings, the Claimant will request that the Court will enter a Default Judgment against you for a specified amount and you will have a County Court Judgment (“CCJ”) entered against you. The Claimant may not enforce the CCJ but leave it to you to discover it at a much later date when you attempt to obtain credit (such as a mortgage to buy a house) and are declined by the prospective lender as the CCJ will adversely affect your credit rating.

You must therefore file at Court and serve on the Claimant an Acknowledgement of Service stating your intention to defend the entire claim. You must then serve and file a Defence stating your reasons for denying that you are liable for the damages claim. There is plenty of good advice online about how to get out of parking fines, such as unclear signs and bay markings, the parking enforcer not proving that they have the right to levy the fine and them not replying to your attempts to appeal the PCN.

Thereafter, you are in a bit of a tricky spot. The value of the PCN will be comfortably within the Small Claims Track threshold of £10,000 damages. Even if the Claimant issues Court Proceedings against you for this amount, plus interest, and wins at a fully contested Trial, they are unlikely to be awarded their legal adviser’s costs of the Claim. Legal advisers’ costs are generally not recoverable in the Small Claims Court: only Court fees for issuing the Claim and for the Final Hearing. Nevertheless, the Claimant will be well-versed in such low-value recovery action against Defendant car owners and will be able to instruct legal advisers for a low fixed fee to litigate the entire Court Proceedings on its behalf making it economic to claim against you. These parking enforcement companies’ entire business model is based on most people paying up at the first time of asking as it is a small claim and not worth defending. However, this is a double-edged sword as the value of the PCN may not be worth the parking company pursuing to a Final Hearing.

I suggest negotiating an economic settlement of the Proceedings with the Claimant by offering, say, 25% of the value of the Claim with scope to settle up to 50%, to dispose of the Claim economically.

Expert:  Ed Turner replied 18 days ago.

I hope this is a satisfactory initial reply to your question and you understand my recommendations. Please revert to me if you do not understand anything and require clarification of my answer and I shall be delighted to assist.

I can also offer a Premium Service Consultation for an additional fee if you need detailed and bespoke legal advice. If you accept, I will pass you my direct email address and phone number. I can review any relevant documentation and consult with you by telephone for around 20 minutes. This will give you a clearer picture of your legal position and your potential options for progressing the matter to the next stage.

Kind regards

LawyerEd

Customer: replied 18 days ago.
Ed, thanks for your reply. However, what I don't understand is that this letter 14th April is not a PCN and I have not received anything before this date. I would normally expect a PCN with details of the infringement with pictures etc. They refer to a PCN being issued way back on 16th March, a month before this letter. Can they do this ?
Customer: replied 18 days ago.
Also the subsequent letter was received regarding Debt Recovery, can they go out and repossess a car without going through the courts ?
Expert:  Ed Turner replied 18 days ago.

You need to demand proof of the PCN and that it was correctly issued, yes.

Expert:  Ed Turner replied 17 days ago.

I hope that you are satisfied with my reply.

I wish you all the very best in resolving this matter.

Kind regards

LawyerEd