Is it still correct to ignore every letter?

N9eav

Umkomaas wrote: »

OP - a couple of quick questions.

1. Is your daughter the Registered Keeper of the car?

2. How old was your daughter at the time of the incident (under 18s cannot legally enter into contracts)?

1. Yes
2. 19

Coupon-mad

If this was me I would actually respond now and say that 6 minutes is outside of the BPA CoP Grace period and 'the driver' was simply picking up a passenger and decided not to stay after getting out of the car and reading the signage. Not an appeal, a statement of fact and say that the registered keeper is not liable because of this and other breaches of the BPA CoP in their Notice:

- was the first PCN received within 14 days of the incident?

- was the first PCN before May 2013 (in which case it won't state who the creditor is)?

Look at the hoops that have to be jumped through by a PPC to have established 'keeper liability' as shown on the Parking Cowboys website 'keeper liabilty' link. Any failures on wording ot timescale, point it out in a letter writing as the rk (not as the driver).

She should IMHO still ask for a POPLA code to resolve the issue 'because it is the industry's bespoke ADR' and she should write the letter politely, in good faith, stressing it is in an effort to 'get the matter resolved' by POPLA due to the multiple breaches of the BPA Code.

The reason I would do so would be to get them into correspondence over it before the case gets nearer to court, so that your DD is in a stronger position in that she's already pointed out the flaws. This would look better to a judge if it goes to a hearing (not as scary as it sounds and no effect on credit rating if she lost and paid). And also might get a response which makes PE's position less secure.

And the exchange of correspondence may deflect them from putting her case in an automatic LBCCC pile.

And I can't see the advantage in ignoring PE at the moment. Do not write to the debt collector but keep all their letters in a file.

N9eav

I guess we could do that, but to this point everything has been ignored, so it may be easier to plead ignorance at the next letter and request the evidence of the case. As far as we are concerned none of the previous correspondence was ever received and they cannot prove it was. How do they even know they are sending letters to the correct address? Or is this a dumb idea?

Guys_Dad

Yes to your last question.

Listen to coupon mad.

Stroma

I concur with the listen to coupon on this, she offers good advice and it should be followed.

Coupon-mad

N9eav wrote: »

I guess we could do that, but to this point everything has been ignored, so it may be easier to plead ignorance at the next letter and request the evidence of the case. As far as we are concerned none of the previous correspondence was ever received and they cannot prove it was. How do they even know they are sending letters to the correct address? Or is this a dumb idea?

I say respond now because - why wait for the court letters, why wait for your case to just be transferred to the standard 'court' pile? I didn't used to advise this and wouldn't have done so if we didn't see PE issuing thousands of small claims to ignorers in recent months.

Also your case is so clearly one which they should cancel. I wouldn't want my daughter fearing a 'Letter before County Court Claim' then small claims papers, when you could just write some letters for her and try to make the case so well-argued that PE to view this as it should be viewed as realise it's unlikely to be a winner in court with zero grace period and unclear signs (probably a flawed PCN as well but you didn't answer my questions yet!).

You could also complain to the landowner at Watergate beach (Google it and search for newspaper articles).

I would also say that zzzLazyDaisy is right in that you 'could' choose to just wait for the court letters and respond only to a LBCCC - but I wouldn't, not with a DD who is so young and not likely to cope well with it all.

shamilton63

Hi, it would seem we have also followed some out of date advice, only now that i have registered on the forum can i see the latest advice. My daughter has recently been issued with a CCJ from Northampton court down to parking eye. I am waiting for the scan of the letter to come through so you can have a look, but having read the thread, my daughter was 17 at the time...do we have a defence? Has anyone been issued with & fought parking eye? Any advice would be appreciated

Sorry for hijacking the thread

kirkbyinfurnesslad_2

If you Sorry why do it?

Start your Own thread

shamilton63

kirkbyinfurnesslad i dont know how, it took me some time to navigate to this page - if you could provide some advice on my issue or help me start a new thread rather than being rude i would appreciate it

Umkomaas

shamilton63 wrote: »

Hi, it would seem we have also followed some out of date advice, only now that i have registered on the forum can i see the latest advice. My daughter has recently been issued with a CCJ from Northampton court down to parking eye. I am waiting for the scan of the letter to come through so you can have a look, but having read the thread, my daughter was 17 at the time...do we have a defence? Has anyone been issued with & fought parking eye? Any advice would be appreciated

Sorry for hijacking the thread

Please do start a new thread because there's a similar case that PE are 'touting' on their website that I'd like to compare with your daughter's experience.