PCN contested - LBA received - what next?

sjbrady

Hi all, first of all apologies if this has been covered before!

If anyone from Vehicle Control Services Ltd is reading, officially this is a hypothetical situation and not intended to be part of any case!

I received a PCN in April this year for parking on private land. The private land happened to be the parking space allocated to me outside my flat. The issue of me displaying a valid permit (required by the conditions of parking) is what I'm disputing. The PPC has gathered evidence that I had not displayed a permit and have sent the information to me.

They claim to have taken photos of all the required, however a few of the photos are not present. An example would be "floor wells front and rear" that is ticked on the parking officer's checklist. This photo (amongst others) isn't there.

I took the case to POPLA who also rejected the appeal.

So, my first question is:

If taken to court, would this evidence stand up (and would their case fall because of this?)


I'm asking this because I received a letter before action demanding payment and threatening court action if I don't pay up. I read on another post that a letter before action must include reference to the Practice Direction for Pre-action Conduct. The letter didn't include this, so I wrote back to them asking for an LBA that does.

They replied with a letter telling me that, because they follow the code of conduct set out by the British Parking Association, they don't need to tell me about the Practice Direction as it doesn't apply in this case.

Is this correct? Can I reply again asking for a proper LBA?

If I'm incorrect and this thing goes into court, do you think I could win my case based on the fact that (as far as I can tell) their evidence is incomplete?

Thanks for any help anyone can give me!

sjbrady

I forgot to add this to my original post.

I read somewhere (I forget where!) that in the case of the case going to court I can ask to see the contract between the PPC and the landowner and/or proof that the PPC is authorised to make a court claim on behalf of the landowner.

Is this correct? And if they are not authorised to do so, can I just ignore everything from that point, or would I still have to go ahead and attend court (if it got to that stage)?

Stroma

So you were parked in the allocated parking space for your flat, so its part of your lease, so in effect it's your land. So tell me how did you lose money ? They would be utterly insane to take someone to the small claims in this case, there would be lots to defend this, but I wouldn't worry about it unless it happens.

Others will say to respond to this letter, myself I would ignore it as its vcs weasels. Will look for the thread so you can respond if you wish

Stroma

Link for you
https://forums.moneysavingexpert.com/discussion/4705657

waamo

They replied with a letter telling me that, because they follow the code of conduct set out by the British Parking Association, they don't need to tell me about the Practice Direction as it doesn't apply in this case.

That is an outright lie.

sjbrady

The parking space is allocated to our flat, so it had no monetary (or other) impact on me or anyone else in the street.

According to the PPC, they don't need to follow the Practice Direction as they follow a formal procedure set out in the British Parking Association code of conduct.
The Practice Direction says that "It is not intended to apply to debt claims where it is not disputed that the money is owed and where the claimant follows a statutory or other formal pre-action procedure".

Because the PPC claims to operate under "other formal Pre-action procedure", does the Practice Direction not apply or can I keep pushing them for a proper LBA as set out in the Practice Direction?

If I don't reply to the letter or pay up and it goes to court, would this count against me?

waamo

I refer you to the answer I gave some moments ago.

Stroma

No part of the bpa code of practice will replace what the ministry of justice sets out, they are lying. And of course the debt is in dispute so they are just lying again.

sjbrady

As Annex A of the Practice Direction states,
"This Annex sets out detailed guidance on a pre-action procedure that is likely to satisfy the court in most circumstances where no pre-action protocol or other formal pre-action procedure applies. It is intended as a guide for parties, particularly those without legal representation, in straightforward claims that are likely to be disputed. It is not intended to apply to debt claims where it is not disputed that the money is owed and where the claimant follows a statutory or other formal pre-action procedure."

So, because the claim is in dispute and I have no legal representation, the case reverts to this Practice Direction, is that right?

spacey2012

These are just guidelines and any district judge will usually just get on with it if both parties turn up.
The million dollar question is who has the lease to your flat and have they themselves contracted the parking scammers.

Coupon-mad

sjbrady wrote: »

They replied with a letter telling me that, because they follow the code of conduct set out by the British Parking Association, they don't need to tell me about the Practice Direction as it doesn't apply in this case.

Is this correct? Can I reply again asking for a proper LBA?

Stroma wrote: »

Link for you
https://forums.moneysavingexpert.com/discussion/4705657

and another link for you:

https://forums.moneysavingexpert.com/discussion/4736170

HTH, both Stroma's link and mine seem to answer all your questions I think? And look at the conclusion of that thread by stuart153, even though it was about another PPC. Do the same, complain to your managing agent about VCS.