Parking Eye, Tower Road, Newquay

Coupon-mad

We have seen both scenarios!

zzzLazyDaisy

You must still Acknowledge the LBCCC. You only have 14 days to acknowledge the LBCCC, after that they can go ahead and start court action against you.

Here is a letter. Just delete the square brackets as appropriate, depending on whether or not you have already sent the letter identifying the driver.

DO IT TODAY!

---

Dear Sirs

PCN number xxx
Vehicle registration number xxxx

Acknowledgement of Letter Before County Court Claim

I refer to the Letter Before County Court Claim dated xxxx which was served on me as the Registered Keeper of the vehicle.

[I am now writing] OR [On xxdatexx I wrote to you] to provide the name and address for service of the driver on the day in question as follows:

Name
Address

I refer you to para 5 of PoFA 2012 - as legal proceedings have not yet been started this discharges the Registered Keeper's obligations under PoFA 2012, and you must now pursue the driver.

PLEASE NOTE: Should you proceed with the threat of court action against me, I reserve the right to produce this letter to court in support of an application to strike out the claim on the basis of no cause of action together with an application for costs occasioned by your company's unreasonable behaviour under CPR 27.14 (g).

I shall also have no hesitation in reporting your breach of POFA 2012 to BPA and DVLA.

I trust this will not be necessary and look forward to receiving confirmation that the proposed court action against me will not now proceed.


Yours faithfully

PRINT NAME

---

BE WARNED - PE have a track record of refusing to accept the driver's details claiming that POFA states that the RK must provide the driver's details within 28 days of the PCN. That is complete nonsense and just another threat intended to make you pay up. So if you do get a letter like that, come back.

---

mrblue_3

Right we posted the first letter today and have now just found this somewhat larger version with much more detail.

I take it I need to send that too?

Thanks

zzzLazyDaisy

The RK should not ignore the LBCCC.

Even though the RK has identified the driver, there is no guarantee that the computer won't just generate court papers 14 days after nil reponse.

So the RK should still Acknowledge the LBCCC.

Hence the letter above.

mrblue_3

Right well looks like we've managed to delay the process slightly. I have now received the fine notice in my name. Guess its time to write an appeal to POPLA!

hoohoo

mrblue wrote: »

Right well looks like we've managed to delay the process slightly. I have now received the fine notice in my name. Guess its time to write an appeal to POPLA!

You appeal to PE first, then POPLA if they reject your appeal.
Dont' miss the boat! Any old appeal will do, but 'your charge is not a genuine pre-estimate of loss and you have not provided a breakdown' and 'you do not have landowner permission to enforce parking charges' are a good start

Coupon-mad

mrblue wrote: »

Right well looks like we've managed to delay the process slightly. I have now received the fine notice in my name. Guess its time to write an appeal to POPLA!

Appeal as per this thread and also read ahead as to how to win at POPLA (all covered):

https://forums.moneysavingexpert.com/discussion/4816822