Pe lbccc

Lazos

Hello,

As registered keeper of my vehicle, I have recently received a PCN from PE in England.

The PCN is dated 26/10, with a further two reminders following this. I then recieved an untitled letter dated 03/12, advising me that they will now be looking to recover this from me as the registered keeper.

I appealed to this letter on the 13/10, directly to PE and also to the land owner(awaiting to hear back from this). Based on visibility of signage, pre-estimate of loss and not adhereing to Schedule 4 of Protection of Freedoms.

I recieved 2 letters dated 18/12. The first is the LBCCC (Please note I am aware of Daisys thread on this and will be following the advice of this after this thread) and the second letter is why I raise this for discussion.

The second letter firstly thanks me for my correspondance(my appeal) and refers to the LBCCC being sent 'recently'(Note: Both are dated on the same day). They advised that the appeal should have been received within 28 days of the initial correspondence, Is this reference to the first PCN or the letter that specifies that I am now liable as registered keeper?

Following this are a number of paragraphs:
Pre-estimate of Loss and Commercial Justification - Quotes three cases that PE have won in CCC based on a 'fair' pre-estimate.
11 Brief summaries of cases PE have won in court since POPLA has been in place stateing, "As you can see no Judge has ruled against ParkingEye on this matter".

They provided me with an FAQ as "a number of my queries are of a generic nature, a number of which we have seen before."

They haven't provided me with a POPLA code nor covered my direct appeal reasoning. I know that responding to LBCCC as outlined by Daisy is the next step, I just wondered whether 1) My original appeal was in the correct timescales (Within 56 days?) 2) Thoughts of their statements about never losing on these grounds? 3) Any further information I can obtain at this stage.

Thank you

4consumerrights

The PCN is dated 26/10, with a further two reminders following this. I then recieved an untitled letter dated 03/12, advising me that they will now be looking to recover this from me as the registered keeper.

I appealed to this letter on the 13/10, directly to PE and also to the land owner(awaiting to hear back from this). Based on visibility of signage, pre-estimate of loss and not adhereing to Schedule 4 of Protection of Freedoms.

I recieved 2 letters dated 18/12.

Your dates stated above are confusing:

What was the date of the parking event?
What date did the first letter arrive?

Parking eye nearly always use ANPR and send their first letter to the registered keeper but you are implying that there was a windscreen ticket?

You state you appealed the letter on the 13/10 but how can you when you state that the PCN is dated 26/10???

hoohoo

What was the date of their letter? If it was significantly after the 13th Dec then they are telling deliberate porkie pies.

Here is a link to Coupon-Mad's list of court losses
http://forums.moneysavingexpert.com/showpost.php?p=62971894&postcount=65

There was one on 13 Dec where PE lost on the issue of costs

There are unconfirmed reports of more losses on costs since then.

You could therefore write back to ask them to clarify...you think they are trying to misrepresent the situation and bully you into settling...you will therefore complain to trading standards if they do not provide correct and up to date information.

Did they mention their percentage of court wins?

You could write back asking them to clarify, giving the total wins and losses since 1 Oct 2012. You could also ask what the recent trend is, and ask for total wins and losses since 1 Nov 2013.

This would be in addition to the standard pre-action protocol stuff (which should at some point mention that using popla will settle the dispute for £27, whereas going to court will cost them around £300 from their LBA Law solicitor which cannot be reclaimed)

Stroma

Your dates are all over the place, so please answer this

1) date of parking
2) date of notice to keeper
3) date of second letter
4) date of appeal

I don't normally ask this per my signature but it doesn't really matter now in your case, also state if this is England or Wales

Coupon-mad

I agree, the date of the appeal makes no sense as it's been written as if it was before the PCN was received in October! If no reply yet to an appeal, simply go online to PE again and point out that they have never replied to your appeal submitted on xx/xx/13 (get the date correct of course).

Lazos

Apologies for the dates. I confused myself.

I have created another thread which is more relevant now, my misunderstanding was with the first letter being called a Parking Charge Notice and the 4th letter being called 'Notice to Keeper'.

This was an ANPR so the FIRST letter was the NTK.

And the appeal date was the 13th of December.

Cleared that up *Wipes Brow*. No need to respond to this thread as I have posted my LBCCC response now.