LBCCC after acknowledgement to LBA: what next?

annnne

Hi everyone,

This is my first post but I have read different situations re PE and PCNs and the advice given here have been quite helpful to me.

I recieved a chain of PCNs from PE after parking on private land (a health centre) which I initially ignored, but when I got the LBA I came on here for advice and based on what I read, I sent off a letter of acknowledgment using the soft approach.

PE have now sent an LBCCC which is just a photocopy of the LBA. The only difference being that the back page now includes some additional information including a link to the information on pre-action conduct, their inability to use POPLA at this stage, that the parking charge is in line with BPA guidelines and that because no defense has been filed they are unable to state the documents they will be relying on in court.

I have tried to upload these documents but am unable to.

Please advice me on what next to do.

Coupon-mad

"Letter before County Court Claim" has 3 or 4 threads already this past week or so; here's one with a nice outcome relevant to fire you up to get yours cancelled too:

http://forums.moneysavingexpert.com/....php?t=4736170

See the response I suggested to send to PE as well (Plan A or Plan B as a response to that LBCCC) but do change the wording as we don't recommend exact template repeats of letters like this, especially as you are trying to avoid a small claim at this late stage. Or use zzzLazyDaisy's response she suggested, which is also in my post on that thread (and she is a retired solicitor, after all, so her advice here is sound).

Search the forum for the acronym LBCCC to find other threads like that. Use the 'search this forum' heading on the right, just above the new threads on page one:

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

Change the default search to 'show posts' and you will see all the threads I just found.

Do post a reply with what you are thinking of putting in your response so that zzzLazyDaisy can check it and comment if she comes online again in the next day or two.

AND COMPLAIN TO WHOEVER CONTRACTED PE THERE. THE TOP 2 SUCCESSFUL COMPLAINTS HERE ON THE LINK BELOW ARE BOTH CASES WHERE THE PERSON GOT A LBCCC LETTER, ONE IS THE SAME LINK AS ABOVE BUT THEN 'GUERNICA' ALSO GOT THEIRS CANCELLED TODAY BY A HOTEL:

https://forums.moneysavingexpert.com/discussion/comment/62837690#Comment_62837690

HTH, COMPLAIN FIRST!!!!!!

annnne

Ok Coupon-mad, I'll do as you've suggested. Thanks a lot!

annnne

Hi,

I am in the process of drafting a reply to the LBCCC I recieved on Monday. I just need some clarification.

Am I right in thinking that PE have not satisfied para 5(1a) of PoFA as they do not really have any legal right to do this?

Also, what can I say or do to try and convince the health centre to cancel the ticket as they seem unwilling to? I'm not registered there but have an employment history with them.

zzzLazyDaisy

annnne wrote: »

Am I right in thinking that PE have not satisfied para 5(1a) of PoFA as they do not really have any legal right to do this?

Also, what can I say or do to try and convince the health centre to cancel the ticket as they seem unwilling to? I'm not registered there but have an employment history with them.

I am just replying to your PM as a matter of courtesy, but to be honest the regular posters are more knowledgable than me about these matters.

Anyway - my own view is that once you get into the court arena, your argument regarding sched 4, para 5 (1) (a) of PoFA is really a moot point. Why? Because in order to satisfactorily rely on Para 5 (1) (a) you first have to persuade the court that the charge is in not legally enforceable - but once you have done that, the para 5 argument is irrelevant, as the charge has already been ruled unenforceable. So in my view it is a circular argument and not worth pursuing. You are far better to focus on stating that the claim is denied in full, rebutting each and every point that the PPC has made in its claim against you, and clearly stating all points of defence that you wish the court to consider.

Re convincing the health centre to cancel the charge - is the land that the car park is situated owned by the health centre, or does some other organisation own the land? If you can identify the landowner, you may be able to get a second bite of the cherry. Unfortunately it does seem that health centres do generally seem to be reluctant to intervene.

Sorry if this is not what you are hoping for, but maybe one of the regular posters can add some suggestions.

In the meantime - speaking as a lawyer - my advice is to focus on your defence and don't miss the deadline, as that leave you at risk of the PPC entering judgement in default against you.

Daisy

annnne

Ok zzzLazyDaisy. It's all so complicated! I take all your suggestions on board and will start working on my response.

Thanks once again.

Coupon-mad

annnne wrote: »

Ok zzzLazyDaisy. It's all so complicated! I take all your suggestions on board and will start working on my response.

Thanks once again.

See this pepipoo thread which is about a clinic and a similar situation:

http://forums.pepipoo.com/index.php?showtopic=82714&st=20&start=20

The OP has written a strong rebuttal.

annnne

Thanks a lot coupon-mad:)