PCN contested - LBA received - what next?

The_Slithy_Tove

And when you have rebutted their LBA, it's time to get your revenge in:
http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKCPS-liable-for-trespass-

You really need to go for the jugular and get these parasites off your land.

Have you had it out with the management company who employed them? You can include them in any lawsuit you bring.

sjbrady

I just thought I'd give an update on my situation, for those who are interested!

I had a PCN from the same company for the exact same reasons (same car, same parking space) a week after I got the one I'm talking about in this thread. I appealled that PCN too, using an identical email (of course I changed the date, etc) and they never replied.

I wrote to them the other day saying that because they'd not replied within the standard 35 days that I assume that case is closed. They then replied with a letter saying that they have (quoting from the letter) "looked into the issues raised, [and] we are pleased to inform you that we have accepted your explanation in response to the Parking Charge Notice. We can confirm that this Notice has been cancelled ...".

So basically, they've accepted my appeal for one case but rejected an identical appeal for an identical case!! I was dumbfounded when I read the letter!

Of course I've written back to them comparing the two cases, asking them how it's possible that they could make such an oversight.

I now wait for their reply, I'll let you know the result when I receive it!

zzzLazyDaisy

sjbrady wrote: »

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

The correct procedure for dealing with a LBA / LBCCC is and always was the Practice Direction. Any PPC that claims otherwise is either deluded or a liar.

See this the note at the end of post 9 on this thread

https://forums.moneysavingexpert.com/discussion/4754020

Then read the thread and send an Acknowledgement off to them following the instructions.

In your letter of Acknowledgement make it clear in your first para that YOU are the landholder of the land that the car was parked on, that any court action will be vigorously defended, and that you will be seeking a wasted costs order against them should they decide to pursue this claim.

Then go on to refute what they say about the PD not applying in this case (quote the PD and highlight the relevant parts).

Then tell them exactly what information you need from them in order to deal with this case (the thread gives you all the information you need to do this).

Please don't miss their deadline, as they can then start county court proceedings against you without further notice (as far as I know VCS is not a major player in the county court game, but in my view it just is not worth taking the chance).

They will almost certainly reply with a template letter, not addressing the points you raise. At that point come back here and we will look at it again.

Hope this helps

Daisy