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Parking eye - county court claim

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
44 replies 11.7K views
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  • zzzLazyDaisyzzzLazyDaisy Forumite
    12.5K posts
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    Watch out as PE have form for refusing to accept the driver's details and misquoting POFA 2012 as saying that you can only identify the driver within 28 days of receiving the PCN. That is complete cobblers. If you get a letter like that come back immediately.

    Daisy
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Watch out as PE have form for refusing to accept the driver's details and misquoting POFA 2012 as saying that you can only identify the driver within 28 days of receiving the PCN. That is complete cobblers. If you get a letter like that come back immediately.

    Daisy

    True, they did this to me. I had to write back a second time quoting legislation and oh, all of a sudden, they transferred the ticket!

    That formed part of my complaint to BPA, DVLA and the retailer.
    This is my *anonymous* account on MSE Forums - I post under a different username normally.
  • hoohoohoohoo Forumite
    1.7K posts
    PE have massive form for misquoting everything. They are known to lie about just about everything. At one point they were saying that POPLA would not let them submit an appeal after a court case started. That was proven to be false. The defendant wrote to POPLA and got written confirmation that as long as the operator provided a valid POPLA code, POPLA would consider the appeal.
    Dedicated to driving up standards in parking
  • E34M5E34M5 Forumite
    20 posts
    Thanks guys, got the letters off today 1st class. I saw the follow up letter and have prepared it just in case for a quick response. I am off on my hols soon so I hope I get a reply from them quickly.
  • edited 18 October 2013 at 8:49PM
    zzzLazyDaisyzzzLazyDaisy Forumite
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    edited 18 October 2013 at 8:49PM
    If they do give you the old 'you are too late to identify the driver' spiel...

    As well as writing back and demanding the POPLA code, you should also complain to BPA/DVLA about their breach of the BPA code of practice as they will continue playing fast and loose with the rules unless people complain about their conduct.

    You will find sample letters at post 15 of ordinaryJoe's thread

    http://forums.moneysavingexpert.com/showthread.php?t=4760300
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • E34M5E34M5 Forumite
    20 posts
    Can you add a link in your last message to ordinaryJoe's thread, it is not that easy to find for a newbie.
  • zzzLazyDaisyzzzLazyDaisy Forumite
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    E34M5 wrote: »
    Can you add a link in your last message to ordinaryJoe's thread, it is not that easy to find for a newbie.

    Done :D .
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • E34M5E34M5 Forumite
    20 posts
    Its been 2 weeks now since I sent them a letter to tell them it was me driving and not my wife and we have heard nothing back. Have they forgotten us?
  • Did you get a proof of postage for the letter from the post office ?
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • edited 2 November 2013 at 10:38AM
    zzzLazyDaisyzzzLazyDaisy Forumite
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    edited 2 November 2013 at 10:38AM
    More likely ignoring you, or pretending they never got your letter (don't trust these shysters any further than you can jump with your legs ties together).

    You need to chase them up, because the next step is a county court claim.

    Use the same template, references, etc.


    Dear scammers

    Threatened court action

    I refer to the letter before county court claim dated xxxx.

    I am the registered keeper. On xxxx I wrote to you, identifying the driver, as is my legal right under the Protection of Freedoms Act 2012, thus discharging any liability I may have had in relation to the alleged charge (which, for the avoidance of doubt, is denied).

    I should be obliged to receive confirmation that you have received the above letter and have advised your client to take no further action against me.


    Yours faithfully

    PRINT NAME


    EDIT - where are you up to re complaining to the landowner/retailer? That's the quickest way to get this charge cancelled.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
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