Free Traffic Legal Advice

Quote from: phlegmborough2 on August 23, 2024, 04:31:58 pm

What I don't understand is, as the carpark owner, why can't he just cancel it? He's making it sound as if he has no say over the carpark that he owns.

Keep on at him about cancelling it. Some landowners sign absolutely terrible contracts with these parking companies. Some charge them for cancellations, for example.

Don't think he's too keen to cancel it for me I'm afraid.

Meanwhile, should I proceed with the appeal as the keeper, on the grounds that we have CCTV evidence (which Park-it can obtain from the carpark owner) that the Driver did make payment?

Thanks again!

Hi everyone, as expected Parkit has rejected my appeal.

"Thank you for your appeal against the above Parking Charge Notice ('PCN') which has been carefully considered, however, on this occasion,
the appeal has been rejected for the reason(s) detailed below.
Your vehicle was observed as entering a pay and display car park at 16:42 and exiting at 17:42. Within this time you failed to purchase a valid
parking ticket and we have no evidence to the contrary, this PCN was subsequently issued. Notice of the terms and conditions of parking is
served by way of numerous large warning signs.
You have now reached the end of our internal appeals procedure and you now have two options (you cannot do both):
- You can pay the total amount due within 14 days
- or you can appeal to the Independent Appeals Service (IAS) if you believe this decision is incorrect
In order to appeal the IAS will need your PCN number and vehicle registration. The IAS (www.theIAS.org) provides an Alternative Dispute
Resolution scheme for disputes of this type. As you have complied with our internal appeals procedure, you may use and we will engage with,
the IAS Standard Appeals Service providing you lodge an appeal to them within 28 days of this rejection.
IMPORTANT NOTE:
Should you decide to appeal to the IAS and your appeal is subsequently rejected, the option to pay a discounted amount will no longer be
available and the full amount of the PCN will become due, payment should be made to the Operator within 28 days from the date of the IAS
rejection notification.
If you do not make payment, the outstanding PCN will be passed to our appointed debt collection agency for further action and all costs
associated with this process will be added to the amount outstanding."

What should my next steps be? Feeling extremely discouraged with my two parking notices now (the other one is pending POPLA results).

Thanks!

As predicted. So, no surprise there.

You can waste your time on an IAS appeal, for what it's worth. Less than 5% of succeeding with that but some will advise that you give it a go.

If that fails, no big deal. It means nothing. You then have to wait and see if/when the operator decides whether to try and pursue you through the small clams track at the county court.

At least the county court is the ultimate dispute resolution service. A judge would decide whether you owe them a debt or not. Even if you lost, there is no danger of a CCJ as long as the amount in the judgment is paid in full within 28 days of judgment.

In the majority of cases, they are either won or more likely discontinued. All you have to do is ignore any and all debt collector letters. We don't need to see those because they are useless and are simply designed to get the low-hanging fruit on the gullible tree to pay up out of ignorance.

Hi!

Thanks for the advice again. The carpark owner has helpfully tried to contact Parkit, and I've followed up with Parkit via an email but of course, no response from them. I will try the IAS route now.

As it is likely that the IAS appeal will fail, what are the next steps that will happen? Will Parkit then hound me for payment, to which I will ignore, and wait for them to take me to county court? When that happens, will the keeper (me) have to turn up in that court? What if I lose, how much will I have to pay? I reckon it won't be the 100quid that's the original fine?

Thanks so much!

Hi!

Out of curiosity, I went to look at Parkit's site and tried to "pay" my fine and it returned an error message when I put in my details "Sorry, there was a problem obtaining these details - please click here to try again."

The parking charge number and the reg is definitely correct - could there be a chance that the fine has been cancelled? I did hassle the main email of Parkit and the owner of the carpark quite a bit... however, there should be an official email to inform me of the cancellation, wouldn't it?

Ha ha, so much for thinking the "fine" got struck off.  Just received a letter from Gladstones with a nasty threat.

We are adamant that we did pay for our parking, we have evidence of the driver being at the payment machine.

Letter here: https://imgur.com/a/2xsviMp

You don't argue anything at this point. Respond to the LoC with the following:

Dear Sirs,

Your Ref. ############
Gladstone's Solicitors Ltd.
Claimant: Parkit Management Ltd

I refer to your your letter of claim.

I confirm that my address for service for the time being - assuming you don't faff about and delay any claim - is as follows, and any older address must be erased from your records:
[MY ADDRESS]

The alleged debt is disputed and any court proceedings will be vigorously defended.

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists". Don't send me your usual blather about that.

I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional £70 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

I await your response to my questions which I am entitle to answer as per the PAP.

Yours faithfully,

[your name]

When they respond, you report Gladstones Solicitors to HMRC for suspected VAT fraud as they are pocketing the VAT element on the added fake £70 DRA costs. Then, wait for the claim form to come through from the CNBC.

Your case is not unique, far from it. Use the language that I have used in the response. You are not dealing with some fluffy woke company that has an ethos of care for the people they deal with.

They are vermin bulk litigators and no one who works there is worthy of any respect, whatsoever. their sole aim is to extort on behalf of their client parking companies as much as possible without regard to following the correct procedures.

So, no need to change the wording or the tone of the response. It is not going to change the outcome which is a claim being served. That is when you get back at them in your defence.

Thanks DWMB2 and b789, I will send it over to them now.

Is there any way we can buy you a drink or send a donation to a charity of your choices? Just feel that you guys have been super helpful and we're grateful.