Help with PE - 2nd LBCCC

newholme30

Hi. I have been in correspondence with PE for an LBCCC (early letters were ignored based on misunderstanding of how to proceed following rule changes).

The chain has gone:

• 3 x PCN (ignored)
• 1 x LBCCC (we responded with key 'standard' points asking they provide further information to meet PD)
• 1 x template letter (giving me 14 days to provide evidence of parking as their records show insufficient time was paid. We further responded reiterating the points in my first response)
• 1 x LBCCC (this was sent the day after the template letter asking for further evidence and appears to attempt to meet PD by PE. It includes reference to 2 previous PCN letters detailing full facts of the case and confirms breach of contract for the claim). There is additional text on the back of the letter; namely point 2. is extended to say they reject POPLA as outside their self impose time limit but remain open to ADR between the two parties! Point 3. is extended to say the charge is a genuine pre-estimate of loss, calculated in conjunction with the Landowner etc etc

So I gather I should respond again to this latest letter (which as I understand still doesnt comply with PD as they havent answered all my queries) but have had an attempt on some of them!

The primary defence is that we are sure the parking was paid in full and have witnesses to this effect. The car park was used on multiple occasions during a week away and over many years hence being so sure it was paid. My presumption is that they are charging for an overstay which is surely punitive and I have suggested their equipment is faulty on the day in question or an incorrect registration was input.

Anyway I'd be grateful for some assistance with the next followup since this feels like it will be heading to court given other threads on here. Thanks in advance.

newholme30

Apologies for the shameless bump of my own post, seem to be stuck in the past POPLA loop and keen for some advice on my best next steps.

Thanks

zzzLazyDaisy

Hi I am sorry to be a pain, but can you post the second letter that you got from PE (I need to check which one it is). Also the third letter, is it the LBCCC that starts by telling you this is a breach of contract claim?

Also what are the dates on the 2nd and 3rd letters?

If you can let me have this info I can help you to reply to PE

---

As separate issues:

1 have you complained to the owners of the car park (or the retailer if it is connected with a store? Even at this late stage organisations can get the charge cancelled - see this thread whch has only been running since last month

https://forums.moneysavingexpert.com/discussion/4766249

2 was the driver on the day a different person from the registered keeper as this can be helpful (NOTE I am NOT suggesting that you say anything untrue).

3 did the parking event take place in scotland or NI or does either the RK or the driver live there?


Daisy

newholme30

Thanks for the help Daisy

I may have confused things here; and just to make sure adding the correct information; the alleged offence was in mid-July and there were 3 PCNs with the last one saying RK had now become liable dated late August. These were ignored.

Timeline of letters from PE:
6th Sept - first LBCCC (to which I replied stating my case)
16th Sept - template saying they checked their records and insufficient time was paid / offering 14 days in order valid evidence is provided (to which I replied re-iterating my initial acknowledgement)
17th Sept - second LBCCC (additional text stating breach of contract in main template text and additional words rear as mentioned in previous post).

I can photo these and add if you let me know which of these are of most interest.

For your other points:
1. I have a bank statement with purchases on the day in question so this is an avenue I could pursue. I'd like to check this and could PM details since it may not be that helpful
2. This is possible but is likely not the case
3. England

Thanks again

newholme30

Sorry Daisy - am having trouble posting direct but hopefully these are OK:


i892.photobucket.com/albums/ac124/newholme30/LBCCC1a_zps2d922ffb.jpg

i892.photobucket.com/albums/ac124/newholme30/LBCCC1b_zps65e070d4.jpg

i892.photobucket.com/albums/ac124/newholme30/16-09_zps958ea6fb.jpg

i892.photobucket.com/albums/ac124/newholme30/LBCCC2a_zpsbaee309d.jpg

i892.photobucket.com/albums/ac124/newholme30/LBCCC2b_zps9fde1364.jpg

zzzLazyDaisy

HI that's fine. I have PMd you

newholme30

thanks - I have sent my initial response but ran out of space and need to now wait 60 mins to post the second response as a new member.

I could put it here but see all the advice not too. Not particularly bothered about this as don't see have done anything wrong.

bernie2304_2

I wonder if anyone can help. I have today received an email from POPLA refusing our appeal against a £100 fine from ANPC for parking with a valid disabled badge on display but no clock. Are we liable to pay this fine?

Folkiedave

No POPLA decisions are only binding on the PPC.

Wait for other pressures, ignore them and they may go to court. There are details under how to deal with court elsewhere. DON'T PAY.

zzzLazyDaisy

bernie2304 wrote: »

I wonder if anyone can help. I have today received an email from POPLA refusing our appeal against a £100 fine from ANPC for parking with a valid disabled badge on display but no clock. Are we liable to pay this fine?

Please start your own new thread - hijacking other posters threads causes confusion, thanks.

newholme30

Thanks daisy.

pM'd you but you must be busy as inbox full!

Reading other threads I see a similar few at the moment.