An update on the PCN. I have received a Letter Before Claim for the Horizon PCN from Gladstone Solicitors. I paste the content below. I would really appreciate any advice on dealing with this please.
I still believe there was a system error as there shouldn’t have been a parking fee if I had entered the wrong number plate given it was ANPR. I had tried numerous times after the PCN, entering a wrong number plate it never returned an amount to pay. Very puzzling.
Thank you!
Content of letter:
We act on behalf of Horizon Parking Limited and are instructed to commence legal proceedings against you to recover unpaid parking charge notice(s) as detailed above (full details of them having been sent to you by our client already). If in the next 30 days the amount due is not paid in full, or a valid legal reason for non-payment is not provided, we will commence court proceedings against you without further notice.
The amount due includes £70.00 claimed by our client for the time/resources spent facilitating the recovery of the unpaid parking charge notice(s) pursuant to its ATA's Code of Practice and the Terms and Conditions of the Contract, which was entered into upon the driver of the vehicle entering the Relevant Land. The amount is a pre-determined and nominal contribution to our client's losses as a direct result of your non-payment.
We refer you to the Pre-Action Protocol for Debt Claims (paragraph 7) (the 'PAP') and the Practice Direction for Pre-Action Conduct (paragraphs 13-16) contained in the Civil Procedure Rules ('CPR'); regarding the Court's powers to impose sanctions for any failure to comply with the Practice Direction or the Protocol.
If you dispute the amount due you should respond via the reply form. In accordance with the PAP, which obliges the parties to act reasonably and proportionately. This can be completed on our website
www.gladstonessolicitors.co.uk or alternatively, you can request a paper version (see overleaf). Before completing the online reply form you will be required to create a login, you will need your reference to do this.
Warning regarding the issue of Court Proceedings
If you fail to pay the amount due or provide reasons as to why you dispute the debt within 30 days, our client reserves all its rights, including the right to commence Court proceedings which will incur further costs and interest (as detailed below), which will be added to the value of the claim. Following which, a County Court Judgment ('CCJ') may be entered against you.
If a CCJ is obtained in default, this will show on your credit record immediately and if payment of the CCJ is not made within 1 calendar month of the date of entry of the Judgment, the CCJ will not be removed and will be applied to your credit record for a period of 6 years.
This may affect your ability to obtain credit in the future, or result in higher rates of interest being applied to any credit you are able to obtain.
Please Contact Us
Our team is ready to try to work with you to resolve this matter without the need for Court proceedings so it is important you contact us upon receipt of this letter.