Parking eye - mildly concerned

rev_henry

Thanks, the only thing is a lot of the timescales have been missed as I did not know what they were, does this matter? Should I just continue regardless, starting at the acknowledgement stage, even though I've kinda already acknowledged but not quite in the manner proscribed in that thread? I just wrote a letter asking a load of questions, with no mention of the PD.

Umkomaas

rev_henry wrote: »

Thanks, the only thing is a lot of the timescales have been missed as I did not know what they were, does this matter? Should I just continue regardless, starting at the acknowledgement stage, even though I've kinda already acknowledged but not quite in the manner proscribed in that thread? I just wrote a letter asking a load of questions, with no mention of the PD.

Missed dates are missed dates, they are what they are - only Dr Who has any chance of changing them ! So my advice is to plough on as per the PD, making sure that you are seen as reasonable in this by following all the procedures as laid down in it.

It seems to me to take any other route increases the risk of PE deciding to proceed to issuing real court papers.

zzzLazyDaisy

rev_henry wrote: »

Thanks, the only thing is a lot of the timescales have been missed as I did not know what they were, does this matter? Should I just continue regardless, starting at the acknowledgement stage, even though I've kinda already acknowledged but not quite in the manner proscribed in that thread? I just wrote a letter asking a load of questions, with no mention of the PD.

If you have missed the 14 days in the LBA, AND the PPC has not yet issued proceedings, then it is a non-issue.


Daisy

rev_henry

A little update for you all, although I have little to report.

After I had the aforementioned 3 page FAQ letter I wrote back stating various things regarding the Practice Direction, instructing them to comply etc etc. A couple of weeks later I had a pretty aggressive letter back from them, as I remember. That was quite a while ago now, and I've heard nothing since nor have I contacted them, so as far as I know its dead in the water. I have gone back to uni since then but my mother forwards my mail on promptly, so I would know about any court papers by now.

zzzLazyDaisy

rev_henry wrote: »

A little update for you all, although I have little to report.

After I had the aforementioned 3 page FAQ letter I wrote back stating various things regarding the Practice Direction, instructing them to comply etc etc. A couple of weeks later I had a pretty aggressive letter back from them, as I remember. That was quite a while ago now, and I've heard nothing since nor have I contacted them, so as far as I know its dead in the water.

Thanks for updating us Rev - always useful to receive feedback.

In YOUR case, as I remember, you got the very aggressive 'Stinky Template Letter' (which, unsurprisingly, they quickly stopped using, possibly as a result of some very robust replies from recipients!) In that case the risk of them proceeding to court is probably not very high, as only an idiot solicitor would want to place a letter like that to an unrepresented defendant before a judge.

As a general comment, for anyone else reading - breaking the chain of correspondence is a risky strategy, as the PPC is entitled to assume that you are satisfied with the information provided and, as you have not then proceeded to provide a Formal Response (as you are required to under the Practice Direction) they may then proceed to issue court papers without further notice.

So for anyone reading this who is caught up in the LBA/LBCCC fiasco - the advice remains to keep the correspondence balls in the air, and start your own thread if you need help dealing with this process.

hth

Daisy

rev_henry

Thanks daisy. Yes I think that's what happened, been out of the loop a bit so didn't know they'd stopped using it. It was pretty aggressive as I remember. Are you suggesting I should write back to them?

rev_henry

Just flicking through the success stories sticky and one of them related to the same location. I have thus come across some most interesting information. Someone on pepipoo has found out who the managing agent/owner is for the premises and once he wrote to them they cancelled the charge. Secondly some bright spark has discovered the time limit is not what was originally stipulated in the planning permission. Just some more ammo for me to use later if necessary...

zzzLazyDaisy

Hi, yes, Coupon-Mad's 'Hall of Fame' only started last month and look at the successes already!

https://forums.moneysavingexpert.com/discussion/4766249

Definitely worth complaining to the landlord/retailer - in fact I would do that now, and get the charge cancelled once and for all, rather than sit and wait to see if they issue court proceedings (they have 6 years from the date of the parking event to do this, and do not have to send you another letter before action!)

As for writing to PE again re the LBA - I'm a lawyer, personally I would never let a LBA ball drop because of the risk of court proceedings. However, as I have said, in your case the risk may not be very high. It is up to you to assess the risk and make a decision.

If you do decide to reply - drop me a PM and I'll give you a letter to send them. But first I'd concentrate on complaining to the retailer/landowner - as that is where you are likely to find gold.... and find a place on Coupon's Hall of Fame too !!!