Received letter before action from parking eye Recorded Delivery

Willyoulearn

Definitely Letter before action (in big red letters) and dated 9th August 2013 (I signed for it on Saturday10th August). It says Schedule 4 of the Protection of Freedom's Act 2012 required for Keeper Liability had been satisfied. Am I to late to let them know I was the driver, not my daughter.

Umkomaas

Willyoulearn wrote: »

Definitely Letter before action (in big red letters) and dated 9th August 2013 (I signed for it on Saturday10th August). It says Schedule 4 of the Protection of Freedom's Act 2012 required for Keeper Liability had been satisfied. Am I to late to let them know I was the driver, not my daughter.

The letter I was trying to determine a date on was the first letter your daughter received.

Up until you receive court papers (which will be served on your daughter) she can declare to PE who the driver was.

Wait until later tomorrow just to make sure there is no further or conflicting advice (anyone able to confirm my advice re declaring the driver in this case?). If nothing to the contrary, get your daughter to reply giving the Driver's name and a 'for service' address (as per PoFA schedule 4).

Then, when the driver gets the 'Notice to Driver', come back for further advice re the appeals process - and, more importantly, how to kill this off.

Willyoulearn

First letter was dated 21.06.13

nigelbb

This must be some sort of record if it really is a LBA. Your daughter will have had 28 days to pay after receiving the first letter (Notice To Keeper) which would be towards the end of July so to follow up with an LBA just a couple of weeks later without any further reminder seems incredible. I am pretty sure that any court would see this sort of behaviour as quite unreasonable. What debtor threatens legal action when a debt is just a couple of weeks overdue?

salmosalaris

It's only been a matter of time until PE dropped DR- .
They will have evaluated IMO that an LBA / court claim policy trousers far more cash . They don't need a debt collector in the chain now .Additionally prompter action gives recipients far less time to react or seek advice/opinions
Naming the driver has probably encouraged their haste

Custard_Pie

If correct, agree, the legal process will soon get tired and fed up of this "bully-boy" approach. Then again, remember who we are dealing with. A private company that exists for profit alone regardless of the distress and grief that it causes. They couldn't care less as long as the money continues to roll in.

If The LBA approach means that takings increase then so be it. Remember ACS Law. They used every tactic in the book sailing close to the wind to the tune of over £1,000,000 until the scam was properly tested in Court. They took what they thought was a number of easy wins only for the scam to be exposed in Court and the Solicitor to try and squirm out of being struck off.

Eventually someone with the money behind them will take them on, expose the scam and the cash cow will dry up over night. The next scam will then come to light and the whole process will start again with something else.

As for this case, I'd get your Daughter to write to them and identify yourself as the driver. The whole appeals process starts again. Read up on how to do a soft appeal to the PPC and get the all important PoPLA code.

Willyoulearn

Thanks for all the advice so far.

Went to The Range today, spoke to Manager showed my receipt. He fobbed me off said it wasn't within his powers to cancel the parking charge despite me stating that I understood he could do just that. He told me only Head Office could do that so I asked for a phone number for Head Office. When I rang the number I got CUSTOMER SERVICES who also told me they were unable to cancel the charge because the car park was owned by PE and it was nothing to do with them. I tried to point out that as it was a car park for their customers it was everything to do with them. They told me to forward receipt to PE, which I understand is futile.

Waste of petrol, waste of breath, waste of time.

Will never shop at the Range again, or any other store operating Parking Eye.

I am now determined to fight this, starting with my daughter contacting PE and naming myself as the driver, then going down POPLA route. If my daughter responds to the LETTER BEFORE ACTION naming me as the driver within the 14 day time frame, will this be sufficient to halt the court proceedings.

zzzLazyDaisy

Willyoulearn wrote: »

If my daughter responds to the LETTER BEFORE ACTION naming me as the driver within the 14 day time frame, will this be sufficient to halt the court proceedings.

Yes, but she should make it clear that she is responding to the LBA.

So she should say something like:

Dear Sirs

B]Quote their reference[/B

I refer to your letter before action date xxxx addressed to me, as the Registered Keeper.

I am writing to inform you that the driver on the day in question was :

[Name]

[Address]

As legal proceedings have not yet been started, this discharges my obligations as Registered Keeper under the Protection of Freedoms Act 2012, and any further contact from you will be considered harassment.

Yours faithfully

PRINT NAME

Now do some research on the threads about appeals to PE, and appealing to POPLA, while you are waiting for the PCN to drop through your letterbox!

Stroma

Its everything to do with the range. Email the founder of them below, it will be picked up by his staff , but copy in the receipt of purchase. Explain that you were told that parking eye owns the car park by his customer services staff, its complete rubbish they don't own anything.

Tell them that you have a letter before action from them, and its your intention to defend it if it comes to court, and you will require Chris Dawson to personally come to the court to defend his company as you intend to counter sue for harassment.

Please do as Daisy says as well though

[EMAIL="cdawson@therange.co.uk"]cdawson@therange.co.uk[/EMAIL]

Willyoulearn

Thanks, I have written naming myself as driver, sent recorded. Awaiting the next stage and doing some research with regard to POPLA appeals.