Dilemma Parking Charge with PE LBCCC Expired what to do

gauss80

Dear Moneysavers

I need a big help from you. Today I went as I usually do often (every few months) to collect the post from my previous address and I have disappointingly noticed that I received a Parking Charge from Parking Eye while doing shopping at Morrisons. The problem is that this Charge relates to the end of September. After the first letter were sent 3 other letters regarding this issue another one by Parking Eye (notifying me a schedule 4 of the Protection Freedom's Act) and other 2 from Debt Recovery Plus.

The last one received from Debt Recovery Plus is Dated second week of December and state in the Object: Notice of Intended Court Actions for unpaid parking charge.

I do not know really at this stage what to do I have spent my entire day in the forum thinking what could be the best option to follow. For sure tomorrow I ll go to Morrisons and try to complain about the charge I have proof on that day that we did our grocery there spending more then 60 pounds (the car was parked 15 min longer then the 2 hours limit) but after that I do not know what really would be my best action to take...Anyway there is to note that the driver in that case was my wife and not me so potentially there should be the extreme of resetting all to POPLA ( Hope not to be wrong in this) otherwise do not know probably I should wait to receive the court documents.

I would like to fight back following the thread... that was very insightful on what to do but the deadline on this Notice of Intented court Action was on the last week of December and now I really do not know what route I could follow in order to deal with this matter in the most properly adequate way....please help.....

Redx

definitely go to morrissons and try to get the charge cancelled

as for DR, you can ignore them , but DO NOT IGNORE any legal letters from the creditor or landowner or their legal agents

so do not ignore court papers or an LBA or an LBCCC from the creditor (in your case from your PPC - which was PE)

the sticky thread entitled , NEWBIES - READ THIS FIRST explains it all , but only IF you read it (its about the 4th one down)

If the first letter was a postal PCN, and no windscreen tickets , you can reset the clock by naming the driver, get a PCN in her name , then appeal and get a popla code, thereby letting you win at popla

Coupon-mad

You've seen the LBCCC thread but you haven't got a LBCCC yet if you are only getting debt collector rubbish. The 'Newbies read this first!' thread tells you what to do = an online late challenge anyway. And a complaint to the Morrisons Manager/CEO right now as per the 'Successful Complaints about PPCs' sticky thread.

No more delays, do BOTH. Do reply here if you want us to check the wording you are sending now to PE (ignore the debt collector letters, why not just search the word 'Recovery' and see how often people worry unnecessarily about that tedious letter-chain of drivel from DRP or Zenith or whatever name they use next!).

gauss80

Dear C-M and Redx

Thank you very much for your prompt reply,.. Sorry if I took a few hours to get back to you but as advised I spent those past hours understanding the process to follow...I ll start everything tomorrow with the Store Manager Complaining and proving to them that we are usual store customers with the card payment evidence of that day, in the meanwhile I ll kick in as well the process with PE in regards to the driver of the car in that day.

A point to this stage seems not that clear to me reading the posts seems that should not be mentioned the name or the driver and should be provided as generic details as possible to PE.. but probably this is not my case because I and already beyond the 28 days notice period,.. correct me if I am wrong...

Something also that I would like to point out is as well the fact that so far the correspondence relating to this issue has gone to my old address how I am going o be assured that all the post relating to this issue is going to reach me on my newer address in relation to PE.. do I need in the next weeks until the issue will get closed to keep disturbing the occupier of my old address..

Coupon-mad

I would send an online late challenge as keeper, giving the name and address of the driver as someone (a named person, who might even share the keeper's surname; might not be the same initial though because they are a 'family member'...!) at your new address. And say that the driver was a customer so if they would kindly send the driver a Notice to Keeper you expect they may still have their receipt because it's only fair that the driver can appeal. This is the specific extra wording you want which discharges any liability of ''the keeper at the old address'' and will stop letters going there:

https://forums.moneysavingexpert.com/discussion/comment/64207329#Comment_64207329

Then you wait for the NTD to be sent to your new address and 'the driver' then appeals online with a copy of the receipt, then wins at POPLA if need be (on 'not a genuine pre-estimate of loss' and 'PE do not own the car park and have no title or authority, so I require the landowner contract'...etc., usual winning POPLA words as linked in the NEWBIES sticky thread).


HTH

nigelbb

I am constantly amazed at the number of people who move & don't set up postal redirection. It's also an offence not to update the DVLA with your new address.

gauss80

HI All

Thank you for the great advice that you provided me.... today I went to the Store and Spoke to the store manager showing him all the letter received from PE and debt collector limited along with the credit card statement proving I shopped there on that day,...I did not even had to finish my argumentation that he took the document with him my mobile number and address reassuring that the issue will be resolved in a matter of a couple of day when I should expect to hear from them with a successful outcome.

Wow I am impressed by their service....finger crossed and everything should be already sorted and case closed before even having it opened.... I will keep you posted when I ll next hear from them

Redx

just keep your eye on the ball now and make sure that it is cancelled IN WRITING , not just by phone calls

its only over when it says so in writing, not before

well done

happy new year too (as it will be when the cancellation arrives)

gauss80

Thanks Redx

I will keep one eye on the thing for sure and keep chasing them on the letter confirmation,... I have a small concern in regards that Store Manager took all the original Letters received by post and now I do not have any documentation of the issue with me, I have asked there to take some copies but they did not had a copier in store so had to leave the originals,... I hope is not going to be a problem this

Redx

gauss80 wrote: »

Thanks Redx

I will keep one eye on the thing for sure and keep chasing them on the letter confirmation,... I have a small concern in regards that Store Manager took all the original Letters received by post and now I do not have any documentation of the issue with me, I have asked there to take some copies but they did not had a copier in store so had to leave the originals,... I hope is not going to be a problem this

in that case ensure they are returned regardless of what happens !

ie:- let him sort it out and call you but when he does so ask him to ensure they are safely returned this week !! ie:- hold him liable for their safe return

Umkomaas

Sounds very positive, well done on taking it up with the retailer, Coupon-mad will be proud of you.

If I were you, and if you have /can get the store manager's email address, I'd email him, thanking him for his attention and for him confirming that he would get this resolved for you.

Remind him that he has the originals of your documentation and that when he has finished with it, you'd be happy to call in to pick them up.

Then end the email 'I'm most grateful for your help and I'd appreciate it if you could confirm the cancellation of this charge via a reply to this email in due course, please', or similar words to that effect.