PE before action letter

Drinkuptheezider

Hi all I have received a before action letter via rm signed for bit sly I think so they now know I have received letter , I haven't received any thing from them since jan I binned all previous letters. But I did over stay @ a service station . Should I pay up ??

Any advice appreciated .

Coupon-mad

Advice is already on every other LBA thread including this one you just posted on earlier:

https://forums.moneysavingexpert.com/discussion/4690639

You may not have seen my reply but I begged you to read the other threads on that linked thread first. There is a limit to how many times we can type the same answer on a forum chock full of threads called 'Parking Eye Letter Before Action'.

So your best bet for the moment is to read other threads (include the other one about a Motorway Service Station, by Muffin the Mule). Then armed with that information, draft a response and post that here so we can help you with it.

Utterly POINTLESS to just pay up if you get a LBA, especially as the amount a PPC may be able to claim in small claims is often likely to be LESS than, or similar to, the amount in the LBA!! Don't forget a small claim if it does arrive is NOT an automatic win for a PPC if you defend.

But respond to that LBA in detail, yes, as you will see in other threads as linked already. Muffin the Mule's thread is linked there and is like yours.

born_3

Reading elsewhere, I'm just about to fire this off to them (it's virtually a C&P from Pepipoo):

I refer to a “Letter Before Action” (dated yesterday) and dispute your parking charge, which I consider to be unfair, exorbitant and punitive and as such contrary to common law and statute, including (but not exclusively) Section 5 of The Unfair Terms in Consumer Contracts Regulations 1999.

It is necessary for the parties in any dispute to exhaust all other options before resorting to court proceedings. I suggest that you issue me with a POPLA verification code to enable me to refer this matter for independent adjudication. I understand that you do not recognise the 35 day rule stipulated in the British Parking Association Code of Practice and this request thus should not cause any procedural problems for your company.

I also request you to provide the following information:

1. The full name and address details of the party contracting with you for the provision of car park management services.

2. The full name and address details of the land owner, if different from 1.

3. An itemised breakdown of any losses you have incurred as a result of this parking event.

4. An itemised breakdown of any losses the party contracting with you and (if different) the landowner have incurred as a result of this parking event.

5. An explanation as to how the requirements of Schedule 4 of the Protection of Freedoms Act 2012 making the keeper liable have been satisfied. I consider your Parking Charge Notice to be invalid on the grounds that it does not identify the creditor, contrary to paragraph 9 (2) (h) of Schedule 4.

Alternatively, you may wish to bring this matter to a close by cancelling the Parking Charge Notice. If, however, you choose to pursue it further then please be assured I will defend my position robustly.